NEC Baby Formula Lawsuit: 2026 Verdicts and Settlement

Last updated: October 2026

The NEC baby formula lawsuit changed a lot in 2026. Abbott agreed in August to pay about $670 million to settle the $495 million Gill verdict and roughly 2,000 other claims, while the first federal bellwether trial ended in a defense verdict for Mead Johnson. Hundreds of cases remain pending in the federal MDL and in state courts. For parents weighing an NEC baby formula lawsuit, we also explain the diagnosis, how to request NICU records and how deadlines for children’s claims generally work.

The lawsuits claim that cow’s milk-based formulas and fortifiers for premature babies, such as some Similac and Enfamil products, raise the risk of necrotizing enterocolitis (NEC). The companies deny this. Here is where things stand as of October 2026.

NEC baby formula lawsuit: the big picture

Families have filed claims in two main places:

• Federal court: MDL No. 3026, In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, before Judge Rebecca R. Pallmeyer in the Northern District of Illinois
• State courts: mainly in Illinois and Missouri, where several cases have gone to trial

According to the JPML’s September 1, 2026 report, 847 cases were pending in the federal MDL, out of 1,057 filed there over time.

Abbott says about 1,700 lawsuits remain across federal and state courts, involving claims for roughly 12,700 infants. The company says that figure includes duplicate claims and people without an NEC diagnosis.

Abbott’s $670 million settlement (August 2026)

On August 20, 2026, Abbott announced agreements with three law firms to resolve:

• The Gill case, where a St. Louis jury awarded $495 million in July 2024
• Claims involving about 2,000 additional infants

The total is about $670 million. Abbott said the agreements are “a compromise of disputed claims and not in any way an admission of liability.” It also said it stands by the safety of its preterm products.

This settlement covers only the claims included in those agreements. It is not a program open to every family, and it does not set a value for other cases.

Verdicts and appeals so far

NEC formula trials have produced mixed results. Here are the key outcomes that have been reported.

Watson v. Mead Johnson (Illinois, 2024)

In March 2024, a St. Clair County, Illinois jury awarded $60 million against Mead Johnson. On June 12, 2026, an Illinois appeals court reversed the verdict and ordered a new trial. It said the jury should have been told that the duty to warn ran to the baby’s doctors, not directly to the mother.

Gill v. Abbott (Missouri, 2024)

In July 2024, a St. Louis jury awarded $495 million against Abbott, including $400 million in punitive damages. The verdict survived Abbott’s challenges in the Missouri courts before Abbott settled the case in August 2026.

Cook County families v. Abbott (Illinois, 2026)

In April 2026, a Cook County, Illinois jury awarded four families $53 million in compensatory damages against Abbott, with punitive damages decided afterward. Reports put the total at about $70 million.

Inman v. Mead Johnson (federal MDL, 2026)

The first federal bellwether trial ended in a defense verdict for Mead Johnson, announced September 1, 2026. The jury rejected claims that Enfamil’s premature formula was defectively designed or lacked adequate warnings.

Rulings in the federal MDL

Before any federal trial, Judge Pallmeyer granted Abbott summary judgment in the first bellwether case, involving an infant named RaiLee Mar. In July 2026, the Seventh Circuit Court of Appeals affirmed that ruling.

These decisions do not end the MDL. But they show that federal cases face close scrutiny on questions like causation and what warnings would have changed. Each case still turns on its own medical facts.

It also helps to understand how federal and state cases differ. State court cases can go to trial on their own schedules, which is why most verdicts so far have come from Illinois and Missouri courts. Federal MDL cases share pretrial work, and a few bellwether cases are tried first to test the evidence. Results in one court do not bind the others.

What the science says

Government health agencies have weighed in on the topic. A 2024 NIH working group report said the relationship between feeding and NEC is unclear, but that babies who get no human milk appear to face a higher risk. Human milk is linked with lower rates of NEC.

Federal agencies have also stressed that preterm formula is an important part of care when enough human milk is not available. Parents should never stop or change a baby’s feeding plan without talking to the care team.

Who may qualify for an NEC claim

Participating law firms generally look at a few key facts when reviewing an NEC formula case:

• Prematurity: the baby was born early, often well before 37 weeks
• Feeding: the baby was given cow’s milk-based formula or fortifier in the hospital
• Diagnosis: the baby was diagnosed with NEC, usually confirmed in medical records
• Harm: the baby needed treatment such as surgery, had lasting health problems, or passed away

A firm will usually ask for NICU records, including feeding logs, to see which products were used and when NEC appeared. Families do not need to have these records in hand before asking for a review.

Every case is different. Meeting these general factors does not mean a case will succeed, and some families may qualify even if their situation looks a little different.

What comes next

Several things may shape the NEC litigation in the months ahead:

• More bellwether trials in the federal MDL
• A retrial in the Watson case in Illinois
• Other state court trials against Abbott and Mead Johnson
• Whether more settlements follow Abbott’s August agreements

No one can predict how any case will turn out. Filing deadlines vary by state and claim type, and for injuries to children some states pause or extend the deadline. A participating law firm can review what applies to your family.

Understanding your baby’s NEC diagnosis

Before thinking about an NEC baby formula lawsuit, many parents first want to understand what happened to their child. NEC often comes on during an already stressful NICU stay, and the medical words can be hard to follow.

What NEC is

MedlinePlus, from the National Library of Medicine, describes necrotizing enterocolitis as the death of tissue in the intestine. It says NEC happens most often in premature or sick babies. Formula feeding, rather than breast milk, is listed among the risk factors, along with prematurity, blood transfusions and serious illness.

Signs the care team watches for

According to MedlinePlus, symptoms can come on slowly or suddenly. They may include:

• A swollen belly
• Blood in the stool or diarrhea
• Feeding problems
• Low energy
• Changes in temperature, breathing, heart rate or blood pressure

How NEC is diagnosed and treated

MedlinePlus says doctors often use belly X-rays, stool tests for blood and blood tests. Early treatment usually means stopping feedings by mouth or tube, using a tube to relieve gas in the stomach, and giving IV fluids, nutrition and antibiotics. If the bowel has a hole or there is serious inflammation, surgery may be needed to remove damaged tissue.

After surgery, some babies have an ostomy, an opening on the belly for waste, until the bowel can be reconnected. MedlinePlus lists possible long-term problems such as narrowing of the bowel, called strictures, nutrition problems and short bowel syndrome. You can read more on the MedlinePlus NEC page.

Questions to ask your baby’s care team

• When was NEC first suspected, and when was it confirmed?
• What stage or level of severity did the doctors record?
• What was my baby being fed in the days before NEC began?
• Did my baby need surgery, and how much bowel was removed?
• What follow-up care, therapies or doctor visits will my child need?

Write down the answers, or ask a family member to take notes. These details matter for your child’s care, and they can also help a participating law firm understand whether an NEC baby formula lawsuit may fit your family’s situation.

Keep a simple family journal

Many parents find it hard to remember details from the NICU later. A short journal can help. Note the date, what doctors told you, any changes in feeding and how your baby was doing. Add later milestones too, such as follow-up surgeries, therapy visits and feeding problems at home. A journal like this supports your child’s care, and it may also help a firm reviewing an NEC baby formula lawsuit understand the full story.

Take care of yourself, too

NEC is frightening for any family. It is okay to ask the hospital about social workers, parent support groups or counseling. You do not need to make any legal decisions while your baby is still in intensive care.

How to request NICU records for an NEC baby formula lawsuit

Medical records are the heart of any NEC baby formula lawsuit. They show what your baby was fed, when NEC appeared and what treatment followed. The good news is that parents can usually request these records directly.

Your right as a parent

The U.S. Department of Health and Human Services explains that the HIPAA Privacy Rule generally lets a parent access a minor child’s medical records as the child’s personal representative, as long as that is consistent with state or other law. There are some exceptions, so if a hospital says no, ask it to explain why in writing.

Under the federal rule, a provider generally must act on a records request within 30 days, with one possible 30-day extension. You can read HHS guidance on parents and personal representatives.

What to ask for

NICU files can be very large. When you request records, ask for the complete chart, and name these parts so they are not left out:

• Feeding logs and nutrition orders, including any formula, fortifier or donor milk
• Medication administration records
• Nursing notes and doctor progress notes
• Belly X-ray and ultrasound reports
• Surgery reports and pathology reports, if your baby had surgery
• Consent forms, including any forms about donor milk or feeding plans
• The discharge summary
• Billing records, which can help show costs

If your baby was moved between hospitals

Many premature babies are transferred to a larger NICU for surgery or special care. Each hospital keeps its own records. Make a list of every hospital and clinic that treated your baby, and request records from each one. Include the hospital where your baby was born, any transport team records and any clinics that handled follow-up care after discharge.

Keep a copy of everything

Store your records in one place, on paper or on your own computer. Keep a list of what you asked for and when it arrived. If you later speak with a firm about an NEC baby formula lawsuit, a complete set of records can make the review much faster. If gathering records feels like too much, a participating law firm can usually request them with your signed permission.

Deadlines for children’s claims, explained generally

Parents often ask how long they have to act. The honest answer is that it depends on your state and the type of claim. Deadlines in an NEC baby formula lawsuit can be more complex than in an adult injury case.

Why children’s claims can be different

Many states have special rules for injuries to children. In some states, the deadline for the child’s own claim is paused, or “tolled,” until the child reaches a certain age. Other states set shorter limits, or have special rules for medical and product claims. These rules vary a great deal. A deadline that applies in one state may be very different just across the state line, so it is wise to check early rather than rely on general information.

The parents’ own claims may have separate deadlines

Parents may have their own claims, such as for medical bills they paid. In some states, those claims follow a different deadline than the child’s claim. Do not assume that a longer deadline for your child also applies to you.

When a baby has died

If a baby passed away from NEC, families may have a wrongful death claim. These deadlines are often separate from injury deadlines, and some start on the date of death. Because the rules differ so much, a participating law firm can review the dates and explain which ones may apply.

Questions to ask a participating law firm

• Which deadline may apply to my child’s claim in our state?
• Do my own claims as a parent have a different deadline?
• Which records do you need first, and which can you request for us?
• How would the recent verdicts and settlements affect a new NEC baby formula lawsuit?
• How will you explain your fees and costs, and when will we see them in writing?
• Who will be our main contact, and how often will we hear from you?

Waiting can make records harder to find

Even when a deadline is far away, waiting has costs. Staff change jobs, memories fade and some records can be harder to locate over time. Acting sooner can help keep options open.

Glossary of NICU and NEC terms

News and court papers about an NEC baby formula lawsuit use many medical words. Here are plain definitions of common terms.

• Preterm or premature: a baby born before 37 weeks of pregnancy.
• NICU: the neonatal intensive care unit, where premature and sick newborns receive care.
• Necrotizing enterocolitis (NEC): the death of tissue in the intestine, most often in premature or sick babies.
• Cow’s milk-based formula: infant formula made from cow’s milk proteins. The lawsuits focus on these products for preterm babies.
• Human milk fortifier: a product added to breast milk or donor milk to add calories and nutrients. Some fortifiers are made from cow’s milk.
• Donor milk: breast milk donated by other mothers, usually screened and processed by a milk bank.
• Enteral feeding: feeding through the stomach or intestines, by mouth or by tube.
• Perforation: a hole in the wall of the bowel.
• Bowel resection: surgery to remove a damaged part of the intestine.
• Ostomy: an opening on the belly that lets waste leave the body while the bowel heals.
• Short bowel syndrome: problems absorbing nutrients after a large part of the intestine is removed.
• Stricture: a narrowing of the bowel that can form after NEC.
• Personal representative: a person, such as a parent, who can make health record requests for someone else.

Knowing these words can make it easier to talk with your baby’s doctors and to follow updates about the NEC baby formula lawsuit.

Frequently asked questions

How Direct2Attorney can help

If your premature baby was fed formula in the hospital and later developed NEC, you may qualify for a free case review. Direct2Attorney connects families with participating law firms. Learn more on our NEC lawsuit page.

The NEC baby formula lawsuit is still moving forward in 2026. A review can help you understand your family’s options.

Direct2Attorney is a legal marketing and referral service, not a law firm. This article is general information, not legal advice. Submitting information does not create an attorney-client relationship.