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.
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 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.
Baby Formulas 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 Can Families Recover?
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.
NEC Lawsuit Settlement Updates (September 2025)
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
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: October 6, 2025
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 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. Plaintiffs may seek interlocutory review of key rulings on causation and expert admissibility.
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.
The parties in the Federal Court MDL agreed to the following proposed trial dates:
- May 5, 2025: Mar v. Abbott Laboratories
- August 11, 2025: K.B. v. Abbott Laboratories
- November 3, 2025: Brown v. Abbott Laboratories
- February 2, 2026: Inman v. Mead Johnson & Company
As the first trial date approaches, we’ll see if the Defendants settle or take on the risk of trial.
Plaintiffs and Defendants must submit proposed trial dates to the Court for the four bellwether trials. Meanwhile, the third NEC trial is underway in Missouri state court (Whitfield v. St. Louis Children’s Hospital).
The first Bellwether cases in the Illinois Federal Court MDL are:
- Mar v. Abbott Laboratories
- Diggs v. Abbott Laboratories
- Etienne & Brown v. Abbott Laboratories
- Inman v. Mead Johnson & Co.
We anticipate these bellwether trials will begin in 2025.
A St. Louis jury awarded $95 million in compensatory damages and $400 million in punitive damages to the mother of Robynn, who suffered NEC after being fed Similac. This verdict may help facilitate a global resolution.
A mother and resident of Alabama filed a lawsuit against Abbott Laboratories alleging their cow’s milk based formula caused her premature baby boy to get NEC. The case was filed in the MDL Court overseeing the NEC litigation. In her Complaint, the mother alleges that Doctors recommended that her infant son take Similac to increase his caloric intake. Little did she know that the baby formula had been linked to NEC. This case highlights the importance of transparancy in warning consumers about the risks with cow milk baby formulas. The NEC litigation is not only about getting clients far compensation, it is also about forcing companies like Abbott to warn people about the dangers using their products.
The first NEC case to go to trial resulted in a $60 million verdict for the mother of a premature infant who died after using Enfamil. The jury found Mead Johnson did not adequately warn about NEC risks.
Why Hire Fob James Law Firm?
For over 40 years, our Alabama personal injury lawyers have fought for families across the U.S.
- Direct access to your lawyer (not just a case manager)
- Aggressive trial lawyers unafraid to go to court
- 24/7 availability for clients
- No fee unless we win your case
Our case results and client testimonials speak for themselves. Call us today to schedule your free consultation and case review
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.