The NEC baby formula lawyers at Fob James Law Firm are handling lawsuits against Abbott Laboratories (Similac) and Mead Johnson (Enfamil).
If your premature baby was diagnosed with necrotizing enterocolitis (NEC) after consuming Enfamil or Similac formula, you may qualify for compensation.
Studies show that cow’s milk-based formulas significantly increase the risk of NEC in premature infants, a life-threatening intestinal disease.
👉 Call 205-407-6009 now for a free case evaluation with an NEC baby formula lawyer in Birmingham, Alabama.
Why Choose Fob James Law Firm for Your NEC Lawsuit?
For more than 40 years, the attorneys at Fob James Law Firm have been fighting for victims of pharmaceutical injuries across the country.
If your baby suffered from NEC, you need a legal team that understands the medical science behind your injuries. At Fob James Law Firm, our attorneys retain board-certified doctors and specialists to review your medical records and document the full extent of your NEC-related harm.
Why clients trust our NEC lawsuit legal team:
- Direct access to your lawyer (not just a case manager)
- Comprehensive medical record evaluations by top specialists
- Deep experience in pharmaceutical and mass tort litigation
- Alabama-based team with real federal and state courtroom experience
- Backed by the power and resources of national drug-injury litigation
- Contingency fee representation — pay nothing unless we win
- Recovered tens of millions of dollars from drug companies
Our case results and client testimonials speak for themselves. Call us today to schedule your free consultation and case review
What Is Necrotizing Enterocolitis (NEC)?
Necrotizing enterocolitis (NEC) is a dangerous intestinal disease that occurs when bacteria invade the intestines, causing infection, inflammation, and in severe cases, permanent damage or death.
Common NEC symptoms in premature babies include:
- Fatigue or lethargy
- Refusal to eat
- Unable to gain weight
- Swollen or tender belly
- Red, blue, or gray belly discoloratoin
- Constipation or diarrhea
- A low body temperature
Premature babies fed cow’s milk formula like Similac or Enfamil are at much higher risk for NEC.
What Is the NEC Baby Formula Lawsuit About?
Families are filing lawsuits against Abbott Laboratories and Mead Johnson because their cow’s milk-based formulas put premature babies at risk of NEC.
Failure To Warn
Lawsuits claim Abbott and Mead Johnson:
- failed to warn parents and doctors that their products increased NEC risk.
- despite knowing the dangers, both companies marketed Similac and Enfamil as safe alternatives to breast milk.
Design Defect
Plaintiffs also allege the formulas were defectively designed because they contained ingredients known to increase NEC risk.
To discuss the specific claims in your case, call a compassionate Alabama baby formula lawyer for a free case review.
Who Qualifies for the NEC Lawsuit in Alabama?
You may qualify for an NEC baby formula lawsuit if your case involves:
- Premature birth (before 37 weeks)
- Infant given Similac or Enfamil formula in the NICU
- NEC diagnosis
- Serious injuries (surgery, ongoing bowel conditions, has cerebral palsy or death)
- Child born after 2006
📞 Call 205-407-6009 to confirm your eligibility with our Alabama NEC baby formula attorneys.
Which Baby Formulas Are Linked To NEC?
Baby formulas associated with NEC are made by Mead Johnson (Enfamil) and Abbott Laboratories (Similac).
Enfamil (Mead Johnson)
- Enfamil NeuroPro EnfaCare
- Enfamil Premature Infant Formula (20-30 cal with iron)
- Enfamil DHA & ARA Supplement
- Enfamil Human Milk Fortifiers (powder and liquid)
Similac (Abbott Laboratories)
- Similac NeoSure
- Similac Special Care (20-30 cal, high protein)
- Similac Alimentum (including expert care)
- Similac Human Milk Fortifiers (powder and liquid)
What Compensation Can Families Recover in a NEC Lawsuit?
If your baby developed NEC after consuming Similac or Enfamil, you may recover compensation for:
- PAST AND FUTURE MEDICAL BILLS
- PAIN AND SUFFERING
- LOST WAGES OR EARNING CAPACITY
- FUNERAL EXPENSES (WRONGFUL DEATH CLAIMS)
If a premature infant died from NEC, the parents or family may be able to file a wrongful death lawsuit.
How Much Does It Cost to Hire an Alabama NEC Lawyer?
At Fob James Law Firm, our NEC baby formula attorneys work on a contingency-fee basis.
This means we only get paid a percentage of the recovery if we successfully resolve your case:
- No upfront fees
- We only get paid if you win
- Lower fees than many firms (33-40% vs. 45% charges elsewhere)
To speak with our experienced NEC lawsuit lawyers, call us today at 205-407-6009.
How Long Do I Have To File A NEC Lawsuit In Alabama?
In Alabama, the statute of limitations (SOL) is generally two years from the date you discovered Similac or Enfamil caused NEC.
For children, the clock is tolled until their 19th birthday, meaning families often have additional time to file.
Contact our NEC baby formula lawyers in Birmingham, AL to discuss the filing deadlines in your case.
When Will the NEC Lawsuit Be Settled?
The NEC baby formula lawsuits are ongoing in both federal and state courts.
MDL 3026 (federal multidistrict litigation) is underway in Illinois, with bellwether trials scheduled for late 2025 and early 2026.
Jury verdicts in state court have already reached tens of millions of dollars, though some defense wins occurred.
A global NEC settlement may occur in 2026 after bellwether trials.
👉 Visit our NEC lawsuit update blog for the latest case developments.
What Is the Average NEC Lawsuit Settlement?
While it is too early to know exact settlement values, most NEC lawsuits are expected to resolve between $50,000 and $500,000+, depending on:
- Severity of injuries
- Surgeries and long-term care needs
- Medical Costs
- Venue (location ) of the case
- Pain and suffering
We believe three key factors weigh toward higher settlement values compared to other mass torts:
- The plaintiffs in the NEC litigation were harmed as premature children,
- The cost of treatment in NEC cases is substantial, and
- The injuries in NEC cases are severe.
To discuss your case value, schedule a free consultation with our experienced Alabama NEC baby formula lawyers today.
How Do I Join The NEC Lawsuit Alabama?
It is simple to join the NEC lawsuit in Alabama. Call us today or submit your contact information and our attorneys will contact you to discuss your case.
It does not matter where you live. We represent victims of toxic baby formula in all 50 states.
The Link Between Baby Formula and NEC Is Real
Decades of medical research show a clear connection between cow’s-milk baby formula and necrotizing enterocolitis (NEC) in premature infants. Breast milk provides significant protection, while formula dramatically increases the risk of NEC.
- The Lancet (1990): Preterm infants fed exclusively with formula were 6–10 times more likely to develop NEC compared to those fed breast milk. Babies given both breast milk and formula were still 3 times more likely to be diagnosed with NEC.
- Journal of Pediatrics (2009): Preterm infants fed only breast milk were 90% less likely to develop NEC than those whose diet included cow’s-milk formula.
- U.S. Surgeon General (2011): Warned that premature infants who are not breastfed face a 138% higher risk of NEC.
- JAMA / NIH Study: Extremely preterm infants fed donated human milk had half the rate of NEC compared to those fed formula (9% vs. 4.2%).
These studies highlight that Abbott (Similac) and Mead Johnson (Enfamil) knew or should have known of the dangers but failed to warn parents and doctors.
Families affected by NEC may be entitled to compensation through the ongoing NEC baby formula lawsuits.
NEC Baby Formula Lawsuit Updates
At Fob James Law Firm, we closely track the NEC baby formula lawsuits against Abbott Laboratories and Mead Johnson.
Below are the most recent updates from the multidistrict litigation (MDL 3026) and related state court cases. For in-depth coverage, visit our NEC lawsuit blog.
📅 Last updated: December 16, 2025
A Connecticut court awarded nearly $32 million to the parents of a premature infant who died after developing necrotizing enterocolitis (NEC) in a hospital NICU.
The court found that providers failed to obtain informed consent before administering a cow’s-milk-based fortifier, despite the parents’ request for an all-human-milk diet.
The infant developed NEC shortly after the product was introduced. The ruling emphasized the known NEC risks associated with bovine-based fortifiers and the availability of safer alternatives, reinforcing the importance of proper warnings and parental choice in premature infant care.
Case Summary
An Illinois court dismissed a lawsuit alleging that Abbott Laboratories’ Similac infant formula caused necrotizing enterocolitis (NEC) in a premature infant. The judge granted summary judgment in favor of Abbott, finding that the plaintiff failed to meet the required causation standard.
Impact on Ongoing Litigation
While this dismissal represents a defense win for Abbott, it affects only one case. Hundreds of NEC claims remain pending in the federal multidistrict litigation and state courts nationwide. Plaintiffs are expected to adjust their expert strategies and proceed with upcoming bellwether trials scheduled into 2026.
Looking Ahead
This ruling underscores the complex nature of proving medical causation in NEC baby formula lawsuits and could influence how future cases are litigated.
Daubert Motions and Expert Challenges
Defendants have renewed efforts to exclude causation experts via Daubert motions, particularly targeting methodology and peer review. Plaintiffs continue to respond with supplemental expert reports and rebuttal studies to shore up weaknesses identified in earlier motions.
Discovery and Appellate Activity
Discovery disputes persist, especially subpoenas for internal documents from formula manufacturers and communications with regulators. In light of summary judgment rulings in earlier bellwether cases (e.g., Diggs), appellate filings are anticipated as plaintiffs challenge expert admissibility findings.
The NEC baby formula multidistrict litigation (MDL 3026), overseen by Judge Rebecca Pallmeyer in the Northern District of Illinois, includes approximately 760 active cases.
Several earlier bellwether trials were dismissed or won via summary judgment, with the plaintiffs’ causation experts excluded. However, important federal bellwether trials are about to be underway:
- Brown v. Abbott Laboratories slated for November 3, 2025
- Inman v. Mead Johnson & Company scheduled for February 2, 2026
In the Diggs case, which was set for trial in early August, Judge Pallmeyer granted summary judgment in favor of Abbott Laboratories. Ultimately, Judge Pallmeyer concluded that Plaintiff could not meet the burden of proof on causation. The Judge ruled that Plaintiff’s expert testimony did not sufficiently establish that consumption of baby formula caused NEC.
Now that the Diggs case is over, we will have to wait for the next bellwether trial in the NEC MDL, likely in 2026.
At the last status conference on June 11th, Judge Pallmeyer confirmed that the next bellwether trial will begin in early August 2025.
The case was filed by Keosha Diggs, on behalf of her minor child, “K.B.”, alleging NEC after being fed Similac and Enfamil products, resulting in severe lifelong injuries.
Jury selection was scheduled to begin on August 4th unless Abbott won its summary judgment motion.
Judge Rebecca Pallmeyer scheduled a status conference on June 11th after the dismissal of the first bellwether trial due to lack of evidence. The next bellwether trial was scheduled for August 11, 2025. As of June 1st, approximately 710 lawsuits are pending against Abbott and Mead Johnson in the MDL.
Judge Pallmeyer granted Abbott’s motion for summary judgment in Mar v. Abbott Laboratories, dismissing the case. This was Abbott’s first win in the NEC lawsuits, but the ruling was fact-specific and unique to that case.
The federal NEC MDL trial Mar v. Abbott Laboratories was scheduled for May 5, 2025. Plaintiffs had won two state court trials previously, with one Abbott state court trial declared a mistrial.
Abbott’s first defense verdict was overturned by Judge Noble, who ordered a retrial due to defense misconduct. Abbott plans to appeal this decision.
Defendants filed a motion for summary judgment, claiming plaintiffs cannot prove causation. This is unlikely to succeed due to multiple experts’ admissible testimony.
Abbott filed a motion to exclude Dr. Jennifer Sucre, plaintiffs’ expert linking NEC to formula. This is a common tactic in mass torts. Dr. Sucre’s testimony is standard and credible.
First MDL bellwether trial Mar v. Abbott Laboratories scheduled for May 2025. Additional trials planned for 2025–2026. A global settlement is more likely in 2026.
Judge Pallmeyer will discuss discovery issues, global settlement updates, and bellwether trial selection.
Plaintiffs had momentum from prior wins, but a St. Louis jury returned a defense verdict. The case was more complex than previous victories.
Trial Dates and Case List
- May 5, 2025: Mar v. Abbott Laboratories, Case No. 1:22-cv-00232
- August 11, 2025: K.B. v. Abbott Laboratories, Case No. 1:22-cv-05356
- November 3, 2025: Brown v. Abbott Laboratories, Case No. 1:22-cv-02001
- February 2, 2026: Inman v. Mead Johnson & Company, LLC, Case No. 1:22-cv-03737
As the first trial date approaches, we’ll see if the Defendants settle or take on the risk of trial.
Federal MDL Developments
Counsel for Plaintiffs and Defendants in the federal NEC lawsuit must jointly submit proposed trial dates to the Court for the four bellwether trials by Friday. We will post the trial dates as soon as they are released.
State Court Proceedings
Meanwhile, the third NEC trial is underway in Missouri state court in Whitfield v. St. Louis Children’s Hospital. The last trial resulted in a large verdict for the plaintiff, and we’ll continue to monitor developments closely.
Selected Federal Cases
- Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
- Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
- Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
- Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)
These bellwether trials are expected to begin in 2025.
Verdict Details
A St. Louis jury awarded the plaintiff $485 million against Abbott Laboratories in a bellwether trial. The case was brought by Margo Gill, an Illinois mother whose premature daughter suffered NEC after being fed Similac formula in the NICU.
Jury Findings
The jury found that Abbott knew their Similac formula increased NEC risk but failed to warn consumers. The verdict included $95 million in compensatory and $400 million in punitive damages.
Case Background
An Alabama mother filed a lawsuit in the MDL against Abbott Laboratories, alleging their cow’s milk–based formula caused her premature baby to develop NEC. The case highlights the need for transparency and adequate consumer warnings.
Verdict Summary
An Illinois jury awarded $60 million to the mother of a premature infant who died from NEC after using Enfamil baby formula. The jury found Mead Johnson failed to adequately warn the public about NEC risks.
Contact a NEC Baby Formula Lawyer Near Me
If your baby was diagnosed with NEC after consuming Similac or Enfamil, call the Fob James Law Firm today.
📞 205-407-6009 | Free, no-obligation consultation
Our Birmingham, AL NEC baby formula attorneys will fight for the justice and compensation your family deserves.