What Is Necrotizing Enterocolitis?
NEC is an acronym that stands for Necrotizing Enterocolitis, which is a serious gastrointestinal condition indicated by the death of tissues in the intestinal tract. NEC causes severe intestinal inflammation that may cause tears and holes in the intestine. Bacteria from the intestine can then leak into other parts of the abdomen and blood, causing further illness and sepsis.
A Missouri Court of Appeals has upheld a $495 million verdict against Abbott Laboratories. The decision sustains the jury’s award of $95 million in compensatory damages and $400 million in punitive damages for failing to warn that Abbott’s cows-milk-based baby formula can cause necrotizing enterocolitis (NEC) in pre-term infants. During the trial, evidence was presented that the mother’s pre-term infant developed NEC within 72 hours of using Abbott’s formula. The infant had 75% of her intestines removed, is wheelchair bound, cannot eat normally, and sustained brain damage, requiring continuous round-the-clock care.
The decision comes on the heels of an April 2026 award of $70 million to four families who similarly alleged that Abbott’s formula caused their premature infants to develop NEC. While the decisions are not binding on other cases, they add to a growing number of significant verdicts against the makers of cow-milk-based formula. The momentum underscores the broader allegations that manufacturers knew or should have known about the risks but failed to properly warn parents and medical providers. Due to Judge Pallmeyer’s most recent denial of summary judgment in the Inman vs. Mead Johnson case, the first Bellwether trial in the MDL will proceed in August, 2026.
For a free legal consultation with a NEC Baby Formula lawyer serving New Orleans, call 800-537-8185
Were There Warnings about NEC?
Unfortunately, no. At the time of the lawsuit, Mead Johnson and Abbott Laboratories products Enfamil and Similac included no warnings about NEC as a side effect of baby formula. They also do not provide proper instructions or guidelines for their use with premature infants. In fact, these companies have marked the products as safe for premature infants despite the potential risks.
Has There Been a Recall on Similac or Enfamil Baby Formulas?
Enfamil and Similac have not yet been recalled for causing NEC. While there have been recalls in the past, these were related to product tampering or bacterial infection and were not related to NEC.
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What Baby Formulas Have Been Named in This Lawsuit?
The below list includes the baby formulas included in the NEC baby formula lawsuits so far. However, any Cow Milk-based formula may be a hazard to premature infants:
- Enfacare Powder
- Enfamil 24 and DHA & ARA Supplement
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Human Milk Fortifier Powder
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil NeuroPro Enfacare
- Enfamil Premature 20 Cal
- Enfamil Premature 24 Cal
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
- Similac Alimentum
- Similac Alimentum Expert Care
- Similac Human Milk Fortifier
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
- Similac Human Milk Fortifier Powder
- Similac Liquid Protein Fortifier
- Similac NeoSure
- Similac Special Care
- Similac Special Care 20
- Similac Special Care 24
- Similac Special Care 24 High Protein
- Similac Special Care 30
What Are the Signs and Symptoms of NEC?
Due to the internal nature of NEC, it can be difficult to know early on if your child is suffering from this intestinal condition. However, below is a list of the most common signs and symptoms:
- Irritability
- Pain
- Abdominal distension
- Hyperthermia
- Tachycardia
- Decreased bowel sounds
- Lethargy
- Reduced urine output
- Elevated white blood cell counts
- Tenderness
- Portal venous gas
- Greenish discoloration
- Worsening or persistent thrombocytopenia
- Completely gasless abdomen
- Repeated feeding intolerance
- Intestinal strictures
- Passage of meconium through patent processus vaginalitis
- Fixed and dilated loop on serial abdominal radiographs
What is the Current Lawsuit Status for Necrotizing Enterocolitis?
So far, NEC baby formula lawsuits appear very promising. In March of 2024, an Illinois court delivered a landmark verdict in a case in which the plaintiffs had asked for $25 million in damages. This verdict over-doubled the initial ask with an award of $60 million instead. The trial involved a Fairview Heights mother who had lost one of her twin premature babies to Necrotizing Enterocolitis (NEC).
On July 26th, 2024, a Missouri jury awarded $95 million Dollars in compensatory damages and $400 million in punitive damages in her lawsuit. This case is widely considered a “Bellwether trial,” meaning a test case intended to bring a widely contested issue to trial. It has set a very good precedent for the families of victims of milk-based baby formula products.
Have You Been Using a Cow Milk-Based Product with Your Premature Child?
Parents who have been using a Cow Milk-based product with their premature infant are recommended to stop immediately and seek medical attention if their child is displaying the above symptoms. Our New Orleans dangerous drug lawyers can help evaluate your options if you notice any concerning signs.
If your child has experienced complications or death due to NEC after using a Cow Milk-based infant formula or fortifier, you may be entitled to compensation. To learn more, fill out our free case evaluation form or call us to schedule a free consultation. The experienced mass tort attorneys at Morris Bart can assist you in the evaluation process. We have office locations throughout Louisiana, Mississippi, Alabama, and Arkansas. Contact us today!
Questions?Call 800-537-8185
to find a Morris Bart office near you.
