Alabama NEC Baby Formula Lawyer

The Appellate Court of Illinois (Fifth District) has overturned the $60 million verdict against Mead Johnson in the Watson v. Mead Johnson Enfamil case and ordered a new trial. This was the same $60 million award an Illinois jury returned in March 2024 to Jasmine Watson, whose infant son died of NEC after being fed Enfamil in the NICU.

The appellate court agreed with Mead Johnson that the jury had been given improper instructions on Illinois failure-to-warn law and that certain evidence should not have been admitted. The decision turned in part on Illinois’s “learned intermediary doctrine,” which places the duty to warn a patient on the treating physician rather than directly on the manufacturer.

Importantly, this is a procedural reversal, not a final defense verdict — the case was sent back for a new trial, not dismissed, and can be retried. Plaintiffs’ other major state-court results still stand, including the $495 million Gill verdict against Abbott (upheld on appeal) and the $70 million Cook County verdict (April 2026). The reversal does remove the $60 million award from the running total of standing NEC trial verdicts while the case is retried.

A Missouri appellate court has upheld the $495 million verdict against Abbott Laboratories in the Gill v. Abbott NEC case — affirming the full award of $95 million in compensatory damages and $400 million in punitive damages. The case involved a premature infant who developed NEC after being fed Similac in the NICU, survived, but suffered permanent neurological damage requiring lifelong care.

This is a major win for plaintiffs. The largest verdict in the NEC litigation has now survived appeal, and Abbott’s settlement leverage has significantly weakened. Combined with the $70 million Chicago verdict (April 2026) and the $60 million Enfamil verdict (March 2024), plaintiffs have secured over $625 million in trial verdicts. Approximately 797 cases remain pending in the federal MDL, with the next bellwether trial — Inman v. Mead Johnson — scheduled for July 2026.

A unanimous Cook County jury ordered Abbott Laboratories to pay $70 million to four families whose premature infants developed NEC after being fed Similac Special Care in the NICU — $53 million in compensatory damages and $17 million in punitive damages.

Jurors found Abbott knew its cow’s-milk-based formula posed NEC risks to premature infants but continued marketing the product to hospital intensive care units without adequate warnings. All four infants survived but suffered severe complications, and three required surgery.

This is the third major plaintiff verdict in the NEC litigation, following the $60 million Enfamil verdict (March 2024) and the $495 million Similac verdict (July 2024). Abbott said it will appeal. Approximately 782 cases remain pending in the federal MDL, with the next bellwether trial — Inman v. Mead Johnson — scheduled for July 2026 and a second wave of federal bellwethers expected to begin in August 2026.

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.