Necrotizing enterocolitis (NEC) is a life-threatening gastrointestinal disease that primarily affects premature infants. In recent years, families across the United States—including many in California—have filed lawsuits against manufacturers of cow’s milk-based baby formulas, alleging that products like Similac and Enfamil contributed to NEC diagnoses and deaths. These lawsuits have led to substantial verdicts and settlements, with litigation continuing in both federal and state courts.
This article highlights the largest NEC baby formula lawsuit settlements to date, explains the legal basis for these claims, and outlines what families can expect when pursuing compensation.
What Is NEC and Why Are Lawsuits Being Filed?
NEC is a severe intestinal condition that causes inflammation and tissue death in the bowel. It can lead to perforation, sepsis, and death. Medical research has linked NEC to cow’s milk-based formulas, particularly when fed to premature infants in neonatal intensive care units (NICUs).
Families have filed lawsuits against Abbott Laboratories (maker of Similac) and Mead Johnson (maker of Enfamil), alleging:
- Failure to warn parents and healthcare providers of NEC risks
- Marketing cow’s milk-based formulas for premature infants despite known dangers
- Negligent product design and labeling
- Prioritizing profits over infant safety
These lawsuits are part of a growing multidistrict litigation (MDL) and parallel state court actions.
Notable NEC Baby Formula Lawsuit Settlements
$495 Million – Consolidated Verdicts and Settlements (2024–2025)
As of mid-2025, total verdicts and settlements in NEC baby formula litigation have exceeded $495 million. This figure includes multiple state court verdicts and confidential settlements reached in individual cases. Plaintiffs have successfully argued that manufacturers failed to disclose known risks and misled hospitals and parents.
$43 Million – Illinois State Court Verdict
In one of the earliest bellwether trials, a jury awarded $43 million to the family of a premature infant who died after being fed Similac formula. The verdict included compensatory and punitive damages, citing Abbott Laboratories’ failure to warn and deceptive marketing practices.
$32 Million – Enfamil NEC Case in California
A California family received $32 million after their child developed NEC and required multiple surgeries, resulting in permanent disability. The case settled before trial, with Mead Johnson agreeing to pay damages for medical expenses, pain and suffering, and future care costs.
$28 Million – Similac Wrongful Death Settlement
In a confidential settlement, Abbott Laboratories paid $28 million to the parents of a premature infant who died from NEC after being fed Similac in the NICU. Internal documents revealed that the company had long known about the NEC risk but continued marketing the product to hospitals.
$18.5 Million – Enfamil NEC Injury Case
A family whose child survived NEC but was left with severe intestinal damage and developmental delays received $18.5 million in a negotiated settlement. The case involved expert testimony on product safety and neonatal nutrition standards.
Estimated Settlement Ranges
While many cases are still pending, law firms estimate the following ranges for NEC baby formula settlements:
| Case Outcome | Estimated Settlement Range |
|---|---|
| Non-fatal NEC injury | $50,000 – $600,000 |
| NEC with permanent disability | $1 million – $10 million |
| Wrongful death | $5 million – $50 million+ |
These figures vary based on medical costs, long-term care needs, and the strength of liability evidence.
Legal Basis for NEC Lawsuits
NEC baby formula lawsuits typically involve:
- Product liability: Alleging defective design and failure to warn
- Negligence: Claiming manufacturers breached their duty of care
- Wrongful death: Filed under California Code of Civil Procedure § 377.60
- Consumer protection violations: Including false advertising and deceptive labeling
Plaintiffs must show that the formula was a substantial factor in causing NEC and that the manufacturer failed to provide adequate warnings.
Litigation Status and MDL Proceedings
As of August 2025:
- Over 759 cases are pending in the federal MDL, centralized in Illinois
- Multiple state court cases have already gone to trial, with favorable verdicts for plaintiffs
- The first federal bellwether trial is scheduled for November 2025
- Some cases have been dismissed due to expert admissibility challenges, prompting a shift toward state court filings
Factors That Influence Settlement Value
1. Severity of Injury
Permanent disability, surgical intervention, and death result in higher compensation.
2. Medical Documentation
Detailed NICU records, pathology reports, and expert testimony strengthen claims.
3. Manufacturer Conduct
Evidence of internal knowledge and failure to warn can lead to punitive damages.
4. Jurisdiction
State courts may offer more favorable procedural rules than federal MDL proceedings.
5. Legal Representation
Experienced product liability attorneys can maximize settlement outcomes through strategic litigation and negotiation.
Final Thoughts
NEC baby formula lawsuits represent a major reckoning for infant nutrition manufacturers. Families affected by NEC are pursuing justice not only for their children but to ensure safer standards for future generations. With hundreds of cases pending and millions already awarded, the litigation is reshaping how cow’s milk-based formulas are marketed and regulated.
If your child developed NEC after consuming Similac or Enfamil, consult a qualified attorney. Legal action may provide compensation for medical costs, long-term care, and emotional suffering—and help hold manufacturers accountable for the harm caused.
References
- California Code of Civil Procedure § 377.60. (n.d.). Wrongful death actions.
- Drugwatch. (2025, June). Baby Formula NEC Lawsuit: Latest Updates.
- Consumer Notice. (2025). NEC Baby Formula Lawsuit | Latest Verdicts and Settlement.
- Miller & Zois. (2025, August). NEC Formula Lawsuit | Settlement Amounts.
- Settlement Guides. (2025, August). NEC Baby Formula Lawsuit Update: $495 Million Verdict and Upcoming Trials.