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Families of premature babies who developed necrotizing enterocolitis after formula feeding in the NICU ask one question more than any other: when will this be over? As of November 2026 there is no global settlement and no date for one. One of the two manufacturers has started settling. This article explains where each stands.
Premature Baby Diagnosed With NEC?
Your family may have a claim if all three are true:
- Your baby was born premature, before 37 weeks.
- Your baby was fed Similac or Enfamil cow’s-milk formula or fortifier in the hospital or NICU.
- Your baby was diagnosed with necrotizing enterocolitis (NEC) and needed surgery, has lasting bowel or developmental problems, or died.
All three? Call 866-837-1010 or send us a message. The review is free.
Is There an NEC Settlement Yet?
There is no settlement covering all NEC cases. There has been one large partial settlement: Abbott, which makes Similac, reportedly agreed in August 2026 to pay roughly $670 million to resolve about 2,000 claims, according to Reuters and other published reports. Mead Johnson, which makes Enfamil, has not announced anything similar.
Where the Cases Stand
| Item | Status |
|---|---|
| Federal cases | MDL 3026, Northern District of Illinois, Judge Rebecca Pallmeyer |
| Cases pending | 847 on November 2, 2026 (844 a month earlier) |
| First federal trial | Inman v. Mead Johnson: verdict for Mead Johnson, August 31, 2026 |
| State verdicts against Abbott | $495 million in St. Louis (July 2024, upheld on appeal); $70 million in Cook County, Illinois (April 2026) |
| State verdict against Mead Johnson | $60 million in Illinois (March 2024), overturned in June 2026 and set for retrial |
| Global settlement | None |
Why Abbott and Mead Johnson Are on Different Paths
The results against the two companies have been very different. The verdicts that stand are against Abbott, and Abbott is the company that has begun settling. Mead Johnson has won three trials and an appeal, including the first federal bellwether, and no jury verdict currently stands against it. A company that keeps winning has less reason to pay, so families with Enfamil claims should expect a longer road than families with Similac claims.
What Has to Happen Before the Rest Settle
- More trials. The court is expected to set further bellwether cases. Each result changes how both sides value the remaining claims.
- A ruling on where cases are tried. Plaintiffs reportedly asked the court on October 23 to send cases back to the courts where they were filed. No ruling has been reported.
- Clarity on who pays. Abbott announced in late October that it plans to separate its nutrition business, which makes Similac, into its own public company by the end of 2027. It has not said which company will carry the NEC liabilities.
So When?
Nobody can give a date, and anyone who does is guessing. What can be said is that the Similac cases have moved first, and that the next federal trial settings will be the best signal for everyone else. We post each development in our NEC lawsuit updates, and our article on the NEC lawsuit payout covers what the verdicts and the Abbott settlement do and do not tell you about value.
Do Not Wait for a Settlement to File
A family that has not filed a claim is usually not part of a settlement when one comes. Deadlines vary by state and by whether the claim is for an injured child or a death, and some are short. State pages: Alabama NEC lawsuit, Georgia NEC lawsuit and Tennessee NEC lawsuit.
Questions About an NEC Claim?
If your baby was diagnosed with NEC after formula feeding in the NICU, we will look at the feeding records with you and tell you where your family stands. Call 866-837-1010 or send us a message. We charge nothing unless we recover.
Frequently Asked Questions
When will the NEC lawsuit be settled?
No date exists. There is no global settlement as of November 2026. Abbott reportedly settled about 2,000 claims in August 2026, but 847 cases remain in the federal MDL and others continue in state courts.
Has the NEC baby formula lawsuit been settled?
Not as a whole. Abbott reportedly agreed in August 2026 to pay roughly $670 million to resolve about 2,000 claims. Mead Johnson has not announced a comparable settlement, and hundreds of cases are still pending.
Is it too late to file an NEC lawsuit?
Not necessarily. New claims are still being reviewed. Deadlines depend on the state and on whether the child survived, and they can be shorter than families expect, so the dates should be checked now.
Fob James, IV
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large national firm for several years, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society. Many of Fob’s cases are high profile and have been featured in, among others: Bloomberg News, PlanAdvisor, AL.com, PlanSponsor, National Law Review, and BusinessInsider. For his work in obtaining numerous multi-million dollar outcomes for his clients, Fob has been recognized by: National Trial Lawyers Top 100, SuperLawyers Rising Star (2020-2026), Birmingham Business Journal Who’s Who in Law (2023-2025), and TrustAnalytica – Top Personal Injury Lawyers in Alabama.