NEC Baby Formula Lawsuit

December 01, 2025
NEC Baby Formula Lawsuit

If your premature baby was diagnosed with necrotizing enterocolitis (NEC) after being fed baby formula in the hospital, you may be entitled to bring legal action for your financial losses. In an NEC baby formula lawsuit, you can request compensation to help your child and also address the serious concerns about the safety of certain cow’s milk-based formulas used in neonatal care. 

We can help you join families across the country who are stepping forward to demand accountability from manufacturers who allegedly failed to warn about the risks these products posed to vulnerable preemies.

NEC is a life-threatening gastrointestinal condition that primarily affects premature infants. Several studies have linked its development to cow’s milk-based formulas, yet companies continued to market these products for use in NICUs without adequate warnings. Parents were often left in the dark—never told that what they were feeding their newborn could lead to emergency surgery, lifelong disabilities, or even death.

If your baby developed NEC after being given Similac, Enfamil, or another cow’s milk-based formula, legal help is available. The LawsuitUpdates team may be able to help your family recover compensation that will help you provide for your child.

Key Takeaways
  • The NEC baby formula lawsuit targets manufacturers of cow’s milk-based formulas, including Similac and Enfamil, for failing to warn about NEC risks in premature infants.
  • NEC is a severe, sometimes fatal, intestinal disease that has been linked in medical studies to formula feeding in preterm babies.
  • Parents of infants diagnosed with NEC may be eligible for compensation related to medical bills, future care, and emotional distress.
  • LawsuitUpdates’ trusted attorneys offer free case evaluations and no upfront fees.

Call 888-322-3010 now for a free consultation. You may be entitled to hold baby formula manufacturers accountable and secure financial relief for your child’s injuries.

Why Choose LawsuitUpdates.com for NEC Baby Formula Lawsuit Information

When a newborn is harmed by a trusted product, the feelings of grief and anger can be devastating. At LawsuitUpdates.com, we’re here to help you understand your rights and explore your legal options—clearly, compassionately, and with the support of experienced attorneys.

Here’s why families across the country rely on us:

  • Focused on Infant Injury Cases
    We provide targeted information for NEC-related lawsuits, so you can clearly understand how your experience fits into the growing litigation and whether you can bring a claim.
  • Decades of Legal Experience
    Our attorneys have secured hundreds of millions for victims of dangerous products, including baby formula and medical device cases.
  • Science-Backed Guidance
    We follow the latest pediatric studies and FDA developments to ensure the information you receive is medically sound and legally relevant.
  • Nationwide Support
    Wherever you are in the U.S., we have a qualified lawyer who will review your case at no cost.
  • Parent-Focused Service
    We understand what’s at stake. This isn’t just a legal issue—it’s your child’s health, your family’s future, and your right to accountability.

You don’t have to navigate the legal system alone. We’re here to help you take the next step—when you’re ready.

What Is the NEC Baby Formula Lawsuit?

The NEC baby formula lawsuit refers to legal claims filed against formula manufacturers—primarily Abbott Laboratories (maker of Similac) and Mead Johnson & Company (maker of Enfamil)—by families of premature infants who developed necrotizing enterocolitis after consuming cow’s milk-based formulas.

These lawsuits allege that:

  • The manufacturers knew, or should have known, that cow’s milk-based formulas increased the risk of NEC in preterm infants.
  • Despite available scientific evidence, these companies failed to warn hospitals and parents of this risk.
  • Marketing materials promoted their formulas as safe for premature babies, encouraging their use in NICUs across the country.

The legal claims fall under product liability legal theories, including:

  • Failure to warn – for not properly disclosing NEC risks in labeling or marketing
  • Negligence – for not acting on clear medical evidence linking formula to NEC
  • Misrepresentation – for suggesting the products were safe for premature infants without adequate support

These are not isolated incidents. In fact, hundreds of cases have already been filed, and many more are under investigation.

NEC Baby Formula Lawsuit Updates

December 1, 2025 - Uber Sexual Assault Lawsuit Case Count Soars and First Trial Nears

If you’ve been following the Uber sexual assault lawsuits—or are thinking about whether to file one after being injured during an Uber rideshare trip—there’s a lot happening right now. The litigation is growing rapidly, and the first trial is officially scheduled for early next year. Here's what you should know.

Over 2,700 Lawsuits and Climbing

As of early November 2025, there were 2,783 active lawsuits in the federal Uber sexual assault multidistrict litigation (MDL). That’s more than 500 new cases added in just one month. This surge reflects how many people are coming forward with similar experiences, and how big this litigation is becoming.

First Trial Set for January 2026

The very first trial in the Uber MDL is set to begin January 6, 2026, in the Arizona federal court. It’s expected to last several weeks and will give the public and other survivors a better sense of how Uber’s safety practices will hold up in front of a jury.

The court has already approved the pretrial schedule:

  • Jury selection and opening statements begin January 5.
  • Each side will have a set number of hours to present their case—48 hours for the plaintiff and 32 hours for Uber.
  • Final witness and exhibit lists are due in early December.

This is an important milestone. What happens in this first case could help shape future settlements and verdicts for other survivors.

Uber Tries to Block Expert Witnesses

Ahead of trial, Uber is trying to exclude almost all of the plaintiffs’ expert witnesses. These are people like:

  • A data scientist who analyzed reports of sexual assault on the rideshare platform
  • A psychologist who studied the risks faced by women riders
  • A former law enforcement officer who focuses on public safety
  • A background check consultant and several technology experts

Uber is arguing that their opinions aren’t reliable or relevant. These challenges are still being reviewed by the court, and the outcome could affect how the case is presented at trial.

State Court Disputes: A Leak and a Denied Delay

Meanwhile, in the California state court Uber litigation, a judge is looking into an alleged leak of confidential court materials to The New York Times. Uber asked to pause all discovery (the process of sharing evidence) until the source is found, but the judge denied that request. The issue will be discussed again during a hearing scheduled for December 1, 2025.

What This Means If You’re Thinking About Filing a Lawsuit

This litigation is gaining momentum. With thousands of lawsuits already filed, it’s clear that many people have had similar experiences while using Uber. The courts are now working through the early stages, and the first jury trial will give everyone a clearer picture of what Uber knew, what it did (or didn’t do), and whether it can be held accountable.

If you were sexually assaulted, harassed, or harmed during an Uber ride, it’s not too late to speak up. These lawsuits are about holding the company responsible for putting people at risk—and making sure it never happens again.

November 1, 2025 - NEC Baby Formula Lawsuits: Where the Litigation Stands in November 2025

Parents of premature infants who developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based baby formulas like Similac and Enfamil continue to seek accountability through hundreds of lawsuits filed across the country. These lawsuits allege that formula manufacturers failed to warn about the heightened risk of NEC in premature babies and promoted their products for NICU use despite known dangers.

As of November 2025, this litigation has grown into a national legal battle—one that is still evolving in both state and federal courts.

Understanding the NEC Baby Formula Litigation

What the Lawsuits Claim:
  • Similac (by Abbott Laboratories) and Enfamil (by Mead Johnson) significantly increase the risk of NEC in pre-term babies.
  • The companies failed to warn parents and healthcare providers about these risks.
  • Marketing materials downplayed concerns, promoting these products as safe for vulnerable newborns.

How These Cases Are Being Handled

The civil cases are progressing through a type of mass tort structure known as a multidistrict litigation (MDL). This allows many similar cases to be grouped together under one judge for pretrial proceedings, saving time and promoting consistency.

  • In April 2022, the NEC Baby Formula MDL (No. 3026) was created and assigned to Judge Rebecca Pallmeyer in the Northern District of Illinois.
  • As of the end of October 2025, there were 761 active cases pending in the MDL.
  • Bellwether trials, which are early test cases used to gauge how juries might respond, are underway, but none have yet gone to trial.
  • In addition to the MDL, many new lawsuits are now being filed in state courts, where plaintiffs may have a better chance of reaching a jury.
Third Bellwether Trial Dismissed
  • On October 27, 2025, the judge overseeing the MDL dismissed a third bellwether case, granting summary judgment to Abbott Laboratories.
  • This means the case will not go to a jury, which is a disappointing outcome for plaintiffs, especially after the first two bellwether cases were also dismissed.
Second Wave of Bellwether Trials Planned
  • Abbott has proposed a new schedule for the next three bellwether trials, set to begin in August 2026, November 2026, and February 2027.
  • The judge has asked both sides to work together to finalize the timeline.
Scientific Debate Continues

A new article published in Pediatric Research reviewed the legal and medical aspects of the NEC litigation. While it echoed defense arguments that NEC sometimes occurs even in breastfed babies, the article acknowledged that:

  • Human milk is consistently protective,
  • Formula-fed preemies face nearly double the NEC risk, and
  • Juries have already returned large verdicts against formula manufacturers.

Even cautious perspectives in the scientific community are beginning to align with what many families already know: bovine-based formulas are riskier for preemies, and parents were not warned.

What Comes Next

The future of the NEC MDL may depend on the success of the second wave of bellwether trials, but many attorneys are now focusing on state court litigation. In state courts, juries, not judges, typically decide whether formula manufacturers should be held accountable, and several high-dollar verdicts have already been delivered.

For parents navigating this difficult situation, the legal process can feel slow and uncertain. But each step brings greater transparency, stronger evidence, and a growing recognition of what families have endured.

Stay tuned to LawsuitUpdates.com for future developments in the NEC Baby Formula Lawsuits.

What Is Necrotizing Enterocolitis (NEC)?

NEC is a serious and sometimes deadly condition that affects the intestinal tissue of newborns, especially those born prematurely or with low birth weight. The disease causes inflammation and tissue death in the intestines, which can lead to:

  • Intestinal perforation
  • Severe infection or sepsis
  • Emergency surgery
  • Long-term digestive problems
  • Developmental delays
  • Death

Symptoms often appear within the first few weeks of life and may include abdominal swelling, feeding difficulties, vomiting, lethargy, and bloody stools. In many cases, babies who develop NEC require surgical removal of parts of the intestine.

Medical research over the last two decades, including studies published in the Journal of Pediatrics and The Lancet, has consistently shown a higher rate of NEC in premature babies fed cow’s milk-based formulas compared to those fed human breast milk or donor milk.

Despite this data, manufacturers continued promoting their products for use in NICUs without adequate warning labels or physician alerts.

Which Baby Formulas Are Involved in NEC Lawsuits?

The most commonly cited formulas in current NEC litigation include:

  • Similac Special Care
  • Similac Neosure
  • Enfamil Premature
  • Enfamil NeuroPro EnfaCare
  • Other cow’s milk-based specialty NICU formulas

It's important to note that these products were often used in hospitals under the assumption that they were safe. Many parents had no say in the formula given to their premature babies and were never informed of the potential risks.

Do I Qualify for an NEC Baby Formula Lawsuit?

You may be eligible to file an NEC baby formula lawsuit if:

  • Your child was born prematurely or had a low birth weight.
  • Your baby was fed Similac, Enfamil, or another cow’s milk-based formula in the NICU or hospital setting.
  • Your child was later diagnosed with necrotizing enterocolitis (NEC).
  • Your baby required emergency surgery, suffered lasting health issues, or passed away due to NEC complications.

Each case is unique, but most lawsuits focus on infants who developed NEC after receiving formula in the hospital, often without the parents being made aware of safer alternatives or the risks involved.

You do not need to have all the medical records in hand to begin the process. An experienced attorney can help you gather documentation, consult medical experts, and determine if you have a strong legal claim.

Who Is Being Sued in NEC Baby Formula Lawsuits?

The primary defendants in these lawsuits are:

  • Abbott Laboratories, manufacturer of Similac formulas
  • Mead Johnson & Company, manufacturer of Enfamil formulas

These companies are accused of:

  • Failing to warn parents and medical providers about the risks of NEC when used in preterm infants
  • Aggressively marketing their products as safe and beneficial for NICU use, despite evidence to the contrary
  • Prioritizing profits over safety, continuing to sell and promote formulas without adding proper warnings or revising labeling practices

So far, these claims have been filed as individual product liability lawsuits rather than a class action. That means compensation is based on your child’s specific injuries and not shared with a large group.

What Compensation Is Available in an NEC Baby Formula Lawsuit?

When a child suffers serious harm due to corporate negligence, families may be entitled to significant compensation. The financial and emotional impact of NEC can be extensive, and the legal system offers a path to accountability and relief.

Available damages may include:

  • Medical bills – NICU care, surgeries, follow-up treatment, specialist consultations, medications, and future medical needs
  • Pain and suffering – For both the child’s physical trauma and the family’s emotional distress
  • Long-term disability – Compensation for children who require ongoing support due to intestinal damage or developmental delays
  • Wrongful death damages – Funeral costs, grief counseling, and compensation for the loss of a child
  • Punitive damages – In some cases, courts may award additional compensation to punish companies for reckless behavior

Our knowledgeable attorneys can evaluate your situation and help you understand what your case may be worth.

What Is the Deadline to File an NEC Baby Formula Lawsuit?

Each state sets its own statute of limitations for product liability and personal injury claims. These deadlines typically range from 1 to 3 years, but when a child is injured, special rules often apply.

You may still have time to file if:

  • Your baby was recently diagnosed with NEC
  • You only recently learned of the link between NEC and formula use
  • Your child is still undergoing treatment or is living with complications from NEC
  • The statute of limitations in your state has exceptions for minors or medical discovery

Waiting too long could mean losing your right to compensation. It’s best to speak with a legal professional as soon as possible to protect your claim.

How Much Does It Cost to Hire a Lawyer for an NEC Baby Formula Lawsuit?

Legal representation in an NEC baby formula lawsuit is typically offered on a contingency fee basis. That means:

  • No upfront fees or out-of-pocket costs
  • Free initial consultation
  • You only pay legal fees if you receive a favorable verdict or a settlement

This ensures that families dealing with medical and emotional burdens can still access quality legal help without financial risk. LawsuitUpdates.com attorneys understand this litigation and will handle your case with care and commitment.

How Our Lawyers Can Help with Your NEC Baby Formula Lawsuit

Our experienced dangerous product attorneys can provide the support your family needs during this difficult time. If your baby was harmed by a formula product, your lawyer will take on the legal burden so you can focus on healing.

They will:

  • Gather medical records and NICU feeding logs
  • Consult with medical experts to support your claim
  • Build a case to help prove the connection between formula use and your child’s NEC diagnosis
  • File all legal paperwork and handle negotiations or court proceedings
  • Fight for full compensation for your child’s medical and emotional suffering

At LawsuitUpdates.com, we are trusted legal partners who know how to build strong NEC-related claims and treat your case with the compassion it deserves.

Contact the Trusted NEC Baby Formula Lawyers at LawsuitUpdates.com to Learn More

No parent should have to watch their newborn suffer from a preventable disease. If your baby was harmed by cow’s milk-based formula, now is the time to seek answers and hold manufacturers accountable for putting profits over infant safety.

At LawsuitUpdates.com, we’re here to support your family with compassion and legal strength. Our experienced attorneys will review your case, explain your options, and pursue the compensation your child deserves.

Call 888-322-3010 or complete our secure form today for a free consultation. There’s no cost and no obligation. We offer the chance to move forward with truth, justice, and the support your family needs.

NEC Baby Formula Lawsuit Frequently Asked Questions

Can I file a claim if my baby survived NEC but still has health issues?

Yes. Even if your child survived, ongoing medical complications, developmental delays, and emotional trauma may qualify you for compensation.

That’s a common scenario. Many parents were not informed that the formula being used was cow’s milk-based or carried NEC risks. You may be eligible to file a lawsuit.

How do I prove my child was given Similac or Enfamil?

Hospital feeding logs, medical records, or statements from your neonatal care team can be used to confirm which formula was administered.

Is this a class action lawsuit?

No. NEC baby formula lawsuits are currently being filed as individual mass tort claims. This allows for personalized compensation based on your child’s injuries.

Will I need to go to court?

Many cases settle out of court, but your attorney will prepare your case for trial if needed. You will be guided every step of the way.