In a major turn of events in the ongoing necrotizing enterocolitis (NEC) preterm infant formula litigation, a judge in Missouri has ordered a new trial after overturning a defense verdict from October 2024. The original trial, which marked the first and only win for formula manufacturers Abbott (Similac) and Mead Johnson (Enfamil) in these NEC preterm infant formula lawsuits, has now been set aside due to attorney misconduct on the side of the baby formula manufacturers.
The Original Verdict: A Rare Defense Victory
In October 2024, Abbott and Mead Johnson secured a singular NEC preterm infant formula lawsuit victory when a St. Louis jury ruled in their favor. Elizabeth Whitfield filed a lawsuit on behalf of her son, Kaine, against the manufacturers of Similac and Enfamil preterm formulas. Kaine was born prematurely in 2017 at St. Louis Children’s Hospital and was fed these cow’s milk-based preterm formulas while in the neonatal intensive care unit (NICU). Subsequently, he developed NEC, a severe intestinal condition.
Parents of premature infants who developed NEC after consuming cow’s milk-based preterm formulas have been filing NEC preterm baby formula lawsuits, arguing that these companies failed to warn about the serious risks their products pose to preemies. This was the first case in which formula manufacturers successfully defended themselves in an NEC preterm infant formula trial. Previous NEC lawsuits have all largely resulted in favorable outcomes for plaintiffs. However, this one defense victory was short-lived.
Court Finds Misconduct by Defense Attorneys
The judge presiding over the case overturned the defense verdict, ruling that the manufacturers’ attorneys engaged in misconduct that misled jurors.
During the trial, according to sources, Abbott’s lead attorney was sanctioned and barred from closing arguments for repeated bad faith violations of Court orders, and Abbott was accused of trying to provoke a mistrial. With the verdict overturned, per the Ring of Fire update, other misconduct included repeatedly introducing inadmissible evidence to mislead jurors, using improper expert testimony and FDA arguments, and exploiting and making false claims against the plaintiff.
As a result, a new trial has been ordered, giving the plaintiffs another more fair opportunity to hold the formula manufacturers accountable.
Why Are NEC Preterm Infant Formula Lawsuits Being Filed?
NEC preterm infant formula lawsuits stem from concerns that cow’s milk-based preterm infant formulas like Similac and Enfamil significantly increase the risk of NEC in premature infants. NEC is a life-threatening intestinal disease that can lead to severe complications, including infections, organ failure, and even death. Parents and advocates argue that Abbott and Mead Johnson failed to provide adequate warnings about the risks of NEC, leaving families to unknowingly expose their vulnerable preterm infants to danger.
The NEC lawsuits are being handled in both federal and state courts. Many cases have been consolidated into a federal multidistrict litigation (MDL) in the U.S. District Court for the Northern District of Illinois, where pretrial proceedings are centralized to streamline discovery and legal rulings. This MDL includes claims from families nationwide. The first MDL trial is scheduled to begin on May 5, 2025.
Some of the recent victories for plaintiffs in the NEC preterm infant formula lawsuits include a $495 million verdict against Abbott in July 2024. The Missouri state court jury awarded $95 million in compensatory damages and $400 million in punitive damages to the Illinois woman who sued Abbott. In March 2024, a jury ordered Mead Johnson to pay $60 million to a woman whose baby died after consuming Enfamil preterm infant formula.
For families impacted by NEC, the overturned verdict for the defense serves as a reminder that the fight for justice is far from over.
Contact CSS for Help with Your NEC Preterm Baby Formula Case
If your premature infant developed NEC after being fed Similac or Enfamil preterm formula, you may be entitled to compensation. Defective product cases, especially mass tort lawsuits, can be highly complex, making it essential to work with a trusted law firm. At Childers, Schlueter & Smith, our dedicated legal team—including Andy Childers, one of the Co-Lead Counsel for the NEC preterm infant formula MDL—has the experience and resources to take on major formula manufacturers.
We recognize the devastating impact NEC can have on families and are committed to providing both strong legal advocacy and compassionate support. When you work with us, you gain a team that prioritizes your child’s rights and your family’s well-being, guiding you through every step of the legal process.
Contact us today for a free, no-obligation consultation to learn about your legal options. Call CSS at 1-800-641-0098 or fill out our online form to get started.
