If you are looking for information about the NEC lawsuit in Georgia, you have come to the right place. The Georgia baby formula lawyers at Fob James Law Firm represent families whose premature infants were diagnosed with necrotizing enterocolitis (NEC) after being fed Enfamil or Similac baby formula in the NICU.
Evidence shows that cow’s milk in these formulas significantly increases the risk of NEC in premature babies — a serious and potentially life-threatening intestinal disease. If your child was diagnosed with NEC, do not hesitate to reach out to us. Our biggest concern is making sure your family gets the justice and compensation you deserve. We also handle NEC cases in Alabama and Tennessee.
Contact our experienced NEC baby formula lawyers in Atlanta, Georgia for a free case evaluation: 866-837-1010.
Why Georgia Families Are at Risk
Georgia has one of the highest premature birth rates in the country. According to the 2025 March of Dimes Report Card for Georgia, 14,907 babies were born preterm in Georgia in 2024 — an 11.8% preterm birth rate that ranks Georgia 45th out of 52 U.S. jurisdictions. Georgia also received an F grade for preterm birth, and the state’s infant mortality rate of 7.0 per 1,000 live births remains above the national average. A 2025 report from Healthy Mothers, Healthy Babies Coalition of Georgia confirmed that Georgia’s maternal mortality rate remains one of the highest in the nation, with stark racial and regional disparities.
These statistics matter because NEC disproportionately affects premature infants, and Georgia’s major NICUs — including those at Children’s Healthcare of Atlanta (CHOA), Grady Memorial Hospital, Emory University Hospital Midtown, Northside Hospital, and Augusta University Medical Center — routinely use cow’s milk-based formulas like Similac and Enfamil. Premature babies fed these formulas in Georgia NICUs may have been exposed to an elevated risk of NEC that their families were never warned about.
What Is Necrotizing Enterocolitis (NEC)?
Necrotizing enterocolitis is a severe intestinal disease that primarily affects premature infants. NEC occurs when harmful bacteria invade the infant’s intestinal wall, causing infection and inflammation that can destroy gastrointestinal tissue. In the most serious cases, NEC can perforate the intestinal wall, leading to sepsis and death. According to the National Institutes of Health, the mortality rate for severe NEC cases can reach 20% to 50%.
Early symptoms of NEC include:
- Abdominal swelling or distention
- Feeding intolerance or refusal
- Bloody stool
- Lethargy and temperature instability
- Green or yellow vomit
- Decreased heart rate
Infants who survive NEC often face lifelong complications, including short bowel syndrome, intestinal strictures, malabsorption of nutrients, developmental delays, and the need for repeated surgeries.
What Is the NEC Baby Formula Lawsuit About?
The NEC baby formula lawsuits allege that Abbott Laboratories (the maker of Similac) and Mead Johnson (the maker of Enfamil) knew that their cow’s milk-based formulas significantly increased the risk of NEC in premature infants — yet continued to market these products to hospitals and families without adequate warnings.
Failure to Warn
Under product liability law, manufacturers have a legal duty to warn consumers about known dangers associated with their products. The NEC lawsuits allege that Abbott and Mead Johnson knew for decades, based on published medical research dating back to the 1990s, that premature infants consuming cow’s milk-based formula were at a substantially higher risk of developing NEC compared to infants fed human breast milk. Despite this knowledge, these companies aggressively marketed Similac and Enfamil as safe alternatives to breast milk and failed to include NEC warnings on their product labels. Many hospitals in Georgia and throughout the country routinely fed these formulas to premature babies in the NICU without informing parents of the risks.
Design Defect
The lawsuits also allege that Similac and Enfamil were defectively designed because they contained cow’s milk proteins known to increase NEC risk in premature infants. Plaintiffs argue that safer alternatives, including human milk-based fortifiers, were available and that the manufacturers chose to continue selling their cow’s milk-based products without redesigning them.
Recent NEC Lawsuit Verdicts
Three major jury verdicts have been returned against baby formula manufacturers, putting enormous settlement pressure on Abbott and Mead Johnson:
April 2026 — $70 Million Verdict (Chicago, IL) A unanimous Cook County jury ordered Abbott to pay $70 million ($53 million compensatory, $17 million punitive) to four families whose premature infants developed NEC after being fed Similac Special Care. The jury found Abbott knew about the NEC risks and continued marketing the formula to hospital ICUs.
July 2024 — $495 Million Verdict (St. Louis, MO) A Missouri jury awarded $495 million ($95 million compensatory, $400 million punitive) to the family of a premature infant who developed NEC after being fed Similac in the NICU. This was the largest NEC verdict to date.
March 2024 — $60 Million Verdict (Illinois) An Illinois jury awarded $60 million to the mother of a premature infant who died from NEC after being fed Enfamil. The jury found that Mead Johnson failed to adequately warn about NEC risks.
These verdicts demonstrate that juries are holding formula manufacturers accountable. A Bloomberg Intelligence analyst has estimated that Abbott and Mead Johnson may ultimately pay a combined $3 billion or more to resolve the NEC litigation. For the latest developments, visit our NEC lawsuit update blog.
Who Qualifies for the NEC Lawsuit in Georgia?
Anyone in Georgia whose premature baby was diagnosed with NEC after ingesting cow’s milk-based formula or fortifier in the NICU may qualify for the NEC lawsuit. In general, qualifying NEC cases involve the following factors:
- The infant was born premature (before 37 weeks gestation)
- The infant was fed a cow’s milk-based formula such as Similac or Enfamil, or a bovine-based human milk fortifier, in the NICU
- The infant was diagnosed with necrotizing enterocolitis (NEC)
- The infant suffered serious injuries requiring medical treatment — including death, one or more surgeries, ongoing gastrointestinal or bowel conditions, cerebral palsy or other neurological conditions, or other serious lasting injuries
To see if your case qualifies for the NEC lawsuit in Georgia, contact Fob James Law Firm today.
Which Baby Formulas Are Linked to NEC?
The NEC lawsuits primarily target cow’s milk-based formulas manufactured by Abbott Laboratories and Mead Johnson. Products named in the litigation include:
Similac (Abbott Laboratories): Similac Special Care 20, Similac Special Care 24, Similac Special Care 30, Similac NeoSure, Similac Human Milk Fortifier, Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid, Similac Alimentum
Enfamil (Mead Johnson / Reckitt): Enfamil NeuroPro EnfaCare, Enfamil Human Milk Fortifier, Enfamil Human Milk Fortifier Acidified Liquid, Enfamil Premature 20, Enfamil Premature 24, Enfamil Premature 30, Enfacare
If your premature baby was fed any of these products in a Georgia NICU and later developed NEC, contact our attorneys for a free case evaluation.
What Compensation Can Families Recover in a NEC Lawsuit?
Every NEC case is unique, but families who successfully pursue a NEC lawsuit can recover compensation for the following damages:
- Past and future medical bills, including surgeries, hospitalizations, medication, and in-home care
- Pain and suffering endured by the infant
- Emotional distress suffered by the parents and family
- Loss of a normal life and disfigurement
- Future care needs and ongoing medical treatment
- Loss of earning capacity (for infants with permanent disabilities)
- Wrongful death damages, if the infant died from NEC
NEC Baby Formula Settlement Estimates
While it is too early to know exact settlement values because no global settlement has been reached, the jury verdicts provide strong indicators of case value. Based on the $60 million, $70 million, and $495 million verdicts, most NEC lawsuits are expected to resolve between $50,000 and $500,000 or more, depending on the severity of the injuries, whether the infant survived, the number of surgeries required, and the extent of long-term complications. Cases involving wrongful death or severe permanent disability are expected to be valued at the higher end of this range.
To discuss the potential value of your case, schedule a free consultation with our Georgia NEC baby formula lawyers.
Georgia Statute of Limitations for NEC Lawsuits
The statute of limitations (SOL) is the deadline for filing a lawsuit. In Georgia, you generally have two years from the date you discovered (or reasonably should have discovered) that Similac or Enfamil caused your infant’s NEC to file a lawsuit.
However, NEC claims are complex because they involve children. For cases involving minors, the Georgia statute of limitations tolls (pauses) until the injured child turns 18 years old. Once the child turns 18, there is a two-year window to file a lawsuit. This tolling provision gives many Georgia families additional time to pursue their claims — but you should not delay. Evidence can be lost, and early filing strengthens your case.
NEC statute of limitations issues are highly fact-specific. Contact our NEC baby formula lawyers in Georgia to discuss the filing deadlines applicable to your case.
NEC Baby Formula Lawsuit Updates
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: May 8, 2026
An Illinois 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.
A mother in Georgia filed a lawsuit in federal court against Abbott Laboratories alleging that Similac given to her daughter in the NICU caused her to develop necrotizing enterocolitis. Tragically, the baby died as a result of NEC.
We are seeing heartbreaking cases like this one being filed across the country. If the case is not resolved through the MDL, it could eventually transfer to federal court in Georgia.
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.
Every parent’s worst nightmare is to lose a baby. Heather Holley, a Georgia mother, gave birth to twins prematurely at 32 weeks via C-section. Her doctors recommended that the twins supplement breast milk with fortified formulas to get extra calories.
After starting on the formula, one of Holley’s twins tragically developed NEC, which caused the baby’s intestinal system to shut down. Holley’s newborn did not survive.
According to Holley, she was never warned about the potential risks of formula feeding, even after her baby died. Nevertheless, Holley instinctively refused the doctors’ requests to give her other baby formula. That baby was only breastfed and thankfully is alive today.
Unfortunately, Holley’s story is all too common in Georgia and across the country. Her situation highlights the importance of transparency in warning consumers about the risks of cow’s milk baby formulas. The NEC litigation is not only about getting families fair compensation — it is also about forcing companies like Abbott to warn people about the dangers of their products.
Shennice Joseph, a Georgia mother, filed a lawsuit against Mead Johnson alleging her premature baby was diagnosed with NEC and died because of Enfamil baby formula. According to the complaint, Mead Johnson failed to warn Ms. Joseph and many others about the dangers of cow’s milk formula, including the increased risk of developing NEC.
We expect more mothers across the country to file similar lawsuits in the coming months.
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.
How the NEC MDL Works
The federal NEC baby formula lawsuits have been consolidated into a multidistrict litigation (MDL 3026) before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois. As of April 2026, approximately 782 lawsuits are pending in the MDL.
The MDL uses a bellwether trial process, where representative cases are tried first to help both sides evaluate the strength of the evidence and promote settlement negotiations. Abbott has prevailed in the first three federal bellwether cases on summary judgment, primarily due to rulings excluding plaintiffs’ causation experts. The next federal bellwether trial — Inman v. Mead Johnson, the first to target Enfamil — is scheduled for July 2026. A second wave of federal bellwether trials is expected to begin in August 2026.
Meanwhile, state court trials have produced three major plaintiff verdicts totaling over $625 million. A growing number of NEC cases are being filed in state courts, where plaintiffs have had greater success getting their evidence before juries.
Why Choose Fob James Law Firm for Your Georgia NEC Case?
Fob James Law Firm represents NEC baby formula victims across Georgia. Lead attorney Fob James IV is licensed in Georgia, Alabama, and Tennessee, and has been recognized as a National Trial Lawyers Top 100 member and a SuperLawyers Rising Star (2020–2025).
Our firm has recovered over $100 million for injury clients over the years. We handle every NEC case on a contingency-fee basis — you pay nothing unless we recover compensation for your family. Our NEC lawsuit contingency fees are 33% to 40%, which is lower than the 45% many other firms charge in this litigation.
We treat every client exactly how we would want our own family members to be treated. When you call us, you speak directly with an attorney — not a call center.
How to Join the NEC Lawsuit in Georgia
It is simple to join the NEC lawsuit in Georgia:
- Call us at 866-837-1010 or submit your information through our confidential intake form.
- Free case evaluation — our attorneys will review your case at no cost and determine if you qualify.
- No upfront fees — we only get paid if we successfully resolve your case.
It does not matter where in Georgia you live. We represent families throughout the state, including Atlanta, Sandy Springs, Roswell, Marietta, Savannah, Augusta, Columbus, Macon, Athens, and all surrounding areas.
Frequently Asked Questions About NEC Lawsuits in Georgia
What is necrotizing enterocolitis? Necrotizing enterocolitis (NEC) is a life-threatening intestinal disease that primarily affects premature infants. It occurs when bacteria invade the intestinal wall, causing inflammation, tissue death, and potentially fatal complications including bowel perforation and sepsis.
What caused my baby’s NEC? Research dating back to the 1990s has consistently shown that premature infants fed cow’s milk-based formula, such as Similac and Enfamil, are at significantly higher risk of developing NEC compared to infants fed human breast milk. The NEC lawsuits allege that formula manufacturers knew about this risk but failed to warn parents and healthcare providers.
How much are NEC lawsuits worth? While no global settlement has been reached, three jury verdicts totaling over $625 million suggest substantial case values. Individual NEC lawsuit settlement amounts are expected to range from $50,000 to $500,000 or more, depending on the severity of the injuries, whether the infant survived, and the extent of ongoing medical needs.
How long do I have to file a NEC lawsuit in Georgia? Georgia generally allows two years from the date of discovery to file a product liability lawsuit. For cases involving children, the statute of limitations is tolled until the child turns 18, after which there is a two-year window to file. Contact an attorney to discuss the specific deadlines applicable to your case.
Is there a recall on Similac or Enfamil? As of May 2026, neither Abbott Laboratories nor Mead Johnson has issued a recall related to NEC risk. However, hundreds of lawsuits have been filed alleging that these products are defective and dangerous for premature infants.
Can I still file a NEC lawsuit in Georgia? Yes. NEC baby formula lawsuits are still being accepted. New cases can be filed in either the federal MDL or in state court. Contact our Georgia NEC lawyers to discuss your options.
What is the latest NEC lawsuit update? In April 2026, a Chicago jury awarded $70 million to four families whose premature infants developed NEC after being fed Similac Special Care. 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). The next federal bellwether trial is scheduled for July 2026.
Does it cost anything to hire a NEC lawyer? No. Fob James Law Firm handles NEC cases on a contingency-fee basis, meaning you pay nothing upfront and owe nothing unless we recover compensation for your family.
Contact a Georgia NEC Baby Formula Lawyer
If your premature baby developed NEC after being fed Similac or Enfamil in a Georgia NICU, contact our experienced NEC baby formula lawyers today. We offer free, confidential case evaluations and are ready to fight for your family.
Fob James Law Firm, LLC — (Atlanta Office) 1718 Peachtree Street NW, Suite 332 Atlanta, Georgia
To see if your case qualifies for the NEC lawsuit in Georgia, contact Fob James Law Firm today.