$70 Million Verdict Adds Momentum to NEC Baby Formula Litigation

A recent Illinois state court verdict is the latest sign that NEC preterm infant formula litigation is continuing to gain traction and that juries are taking these claims seriously.

A Cook County jury awarded $70 million in damages to four mothers who alleged that their premature infants developed necrotizing enterocolitis (NEC) after being fed preterm infant formula manufactured by Abbott Laboratories.

The infants were given Abbott’s Similac Special Care 24 baby formula while in neonatal intensive care units at Chicago-area hospitals. Each infant later developed NEC, a severe gastrointestinal condition that can lead to infection, intestinal damage, and in some cases, death. Although the children in this case survived, the evidence presented at trial showed lasting harm with multiple surgeries, extended hospitalizations, and long-term complications that may affect them for years.

After roughly 10 hours of deliberation, jurors awarded damages for pain and suffering, loss of a normal life, and emotional distress. The families were awarded $53 million in compensatory damages and $17 million in punitive damages.

Why NEC Cases Are Being Filed

At the center of the NEC premature infant formula lawsuits is whether the risks associated with cow’s milk-based formula for premature infants were adequately disclosed.

Families bringing these claims allege that manufacturers such as Abbott Laboratories and Mead Johnson failed to warn that formula feeding in premature infants may increase the risk of NEC when compared to breast milk or donor milk.

The defense, however, points to prematurity itself as the primary driver of NEC risk, arguing that the formula does not directly cause the condition.

From a litigation standpoint, these cases often hinge on how juries interpret competing medical evidence, particularly on issues like causation, risk factors, and what information should have been communicated to physicians and parents.

A Pattern of High-Value NEC Verdicts

The Illinois verdict follows several other significant NEC baby formula state trials, many of which have resulted in substantial awards.

Recent state court outcomes include:

• A $60 million verdict against Mead Johnson
• A $95 million compensatory award and $400 million in punitive damages against Abbott Laboratories
• A defense verdict that was later set aside by a judge, who ordered a new trial after finding that improper evidence had been presented

While state court cases are moving forward, many of the NEC preterm infant formula lawsuits are also playing out in federal court through multidistrict litigation (MDL).

MDLs are created when many people across the country bring similar civil claims; courts often consolidate the lawsuits into a single federal proceeding. This type of litigation, commonly referred to as a mass tort, allows for more efficient handling of shared issues such as discovery, expert testimony, and pretrial rulings, while still preserving each person’s or family’s individual claim.

The NEC baby formula MDL was established in August 2022. It continues to grow with additional claims being filed in courts across the country each day.

The first bellwether trial process in the MDL began in 2025. Another case is scheduled for later on in 2026. At this stage, no NEC bellwether baby formula cases in the federal MDL have resulted in a jury verdict or settlement, leaving key legal and scientific questions unresolved.

Hundreds of additional NEC baby formula lawsuits continue to move forward in state courts, and federal courts too, making this a truly nationwide litigation.

What Families Should Know

For parents, these cases often raise difficult and deeply personal questions, especially for those whose children were born prematurely and later diagnosed with NEC.

One of the challenges is timing. Many families are not informed about a potential connection between preterm infant formula feeding and NEC until well after their child’s diagnosis, when they are already navigating medical care and recovery.

In situations like this, contacting an NEC baby formula lawyer as soon as possible can be important. Investigating a potential claim typically involves:

• Reviewing NICU and feeding records
• Evaluating when and how the preterm formula was introduced
• Consulting medical experts about causation and risk factors

Because the science and legal standards continue to evolve, even families who are unsure may benefit from having their situation evaluated.

Experience Matters in Complex Product Liability Cases

NEC baby formula cases are not straightforward injury claims. They involve complex medical evidence, national manufacturers, and ongoing scientific debate.

Childers, Schlueter & Smith (CSS) has experience handling exactly these types of cases, where the stakes are high, and the issues extend beyond a single incident. Work in this area often involves coordinating with experts, analyzing emerging research, and tracking developments across both state and federal courts.

That kind of experience can make a difference when evaluating whether a claim is viable and how it should be pursued.

The recent $70 million Illinois verdict is another reminder that NEC baby formula litigation continues to evolve and that families are beginning to see results in court.

If your child was diagnosed with NEC after being fed preterm infant formula, you may have questions about what happened and what options may be available. Speaking with an attorney can help you better understand your situation. We offer free, no-obligation consultations and work with families nationwide. To get started, contact us online via live chat or call 1-800-641-0098.