Enfamil and Similac Baby Formula Lawsuit

Enfamil and Similac NEC Lawsuit Overview

Similac and Enfamil are two popular types of infant formula that have been marketed as safe and effective for premature babies. As a result, the baby formula is often fed to preemies or low birth weight infants in the NICU or hospital before discharge. However, cow’s milk-based products like Enfamil and Similac have been linked to necrotizing enterocolitis (NEC) among premature infants, which can result in serious injuries, lifelong health complications and death.

A number of studies published over the past three decades have highlighted the link between NEC and Similac, Enfamil or other cow’s milk formula fed to premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risks associated with baby formula and the benefits of breast milk.

Families are now pursuing Enfamil and Similac lawsuits in state and federal courts nationwide, alleging that the manufacturers placed their desire for profits before consumer safety.

Who Can File an Infant Formula NEC Lawsuit?

Enfamil NEC Lawsuits

Parents of infants who developed NEC are filing Enfamil NEC lawsuits against Mead Johnson Nutrition Company after consuming the following Enfamil products;

• Enfamil NeoPro EnfaCare Infant Formula
• Enfamil Premature Infant Formula 24 Cal High Protein
• Enfamil Premature Infant Formula 30 Cal with Iron
• Enfamil Premature Infant Formula 24 Cal with Iron
• Enfamil Premature Infant Formula 20 Cal with Iron
• Enfamil 24 Cal Infant Formula
• Enfamil Human Milk Fortifier (acidified liquid and powder)

Similac NEC Lawsuits

Parents of infants who developed NEC are filing Similac NEC lawsuits against Abbott Laboratories after consuming the following Similac products;

• Similac NeoSure
• Similac Special Care 20
• Similac Special Care 24
• Similac Special Care 24 High Protein
• Similac Special Care 30
• Similac Alimentum Expert Care
• Similac Human Milk Fortifier (which is actually a cow’s milk product)
• Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
• Similac Liquid Protein Fortifier

Free consultations and claim evaluations are provided to help determine if a family may be eligible for a baby formula NEC settlement, and there are no fees or expenses unless a recovery is obtained.

2025 Similac and Enfamil NEC Lawsuit Updates: MDL 3026

All Similac lawsuits and Enfamil lawsuits over NEC have been centralized as part of an MDL before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois since April 2022, where parties are preparing a small group of representative claims for early trial dates. While the outcomes of these “bellwether” trials will not be binding on other families, the average NEC lawsuit payout amount may influence the amount of any settlement offers Abbott or Mead Johnson may offer to resolve claims in the future.

• January 14, 2025 Update: As the NEC lawsuit bellwether trials approach in the coordinated proceedings, Judge Pallmeyer has reappointed the group of 32 attorneys previously selected to lead the litigation. According to a case management order issued on January 13, these attorneys will continue handling key pretrial tasks, such as arguing motions, conducting depositions, and managing discovery on behalf of all plaintiffs. Their ongoing leadership aims to streamline the process and ensure consistent representation of common issues across the cases.
• November 1, 2024: In the third trial of its kind, a Missouri jury has exonerated the manufacturers of Similac and Enfamil, finding Abbott Laboratories and Mead Johnson not liable for a newborn’s development of necrotizing enterocolitis (NEC), despite previous cases ending in over $555 million in judgments against them. The decision came after a closely watched five-week trial involving a lawsuit brought by Elizabeth Whitfield
• October 14, 2024 Update: The parties submitted a stipulation regarding proposed trial dates indicating that the first federal Baby formula NEC lawsuit, filed by plaintiff Erica Mar, will be ready to go before a jury on May 5, 2025. The second bellwether trial, involving claims by Keosha Diggs, is slated for trial starting on August 11, 2025, followed by a trial starting on November 3, 2025, and a fourth bellwether trial to be held on February 2, 2026.
• October 4, 2024 Update: Following two baby formula NEC jury awards that ordered the manufacturers to pay more than $555 million in combined compensation to families, the latest baby formula trial involving Abbott Laboratories, Mead Johnson, and St. Louis Children’s Hospital began on Monday, focusing on allegations that they failed to warn Elizabeth Whitfield (plaintiff) about the risks of NEC associated with cow’s milk-based infant formulas. Whitfield’s premature son, born in August 2017 at less than 28 weeks gestation, developed NEC after being fed Similac and Enfamil, leading to surgery to remove part of his intestines. The manufacturers dispute the claims, citing a lack of scientific evidence, despite existing studies that highlight increased NEC risks from cow’s milk products and recommend breast milk as a safer alternative. This trial is drawing significant attention, especially with several federal bellwether trials in preparation.
• September 26, 2024 Update: According to a docket entry from Judge Pallmeyer, the schedule for the initial bellwether trials in the baby formula NEC lawsuits has been set. The first two trials will address cases filed against Abbott Laboratories. The third trial will involve a case against both Abbott Laboratories and Mead Johnson. The fourth will focus exclusively on a lawsuit against Mead Johnson, the manufacturer of Enfamil.
• September 20, 2024 Update: An adult woman has filed a Similac NEC lawsuit indicating that she received Similac shortly after birth, and subsequently developed NEC while still in the hospital. As a result of the NEC injuries, she required multiple surgeries as an infant and indicates that she has been left with severe, long-term health effects, which continue to require ongoing medical care 18 years later, even as she enters adulthood.
• August 1, 2024 Update: A St. Louis jury issued a Similac NEC lawsuit award, ordering Abbott Laboratories to pay $95 million in compensatory damages to an Illinois mother for failing to warn about the risk of NEC from Similac, with another $400 million assessed to punish the manufacturer for it’s conduct.
• July 24, 2024 Update: In a Bloomberg News report issued on July 18, Abbott Laboratories CEO Robert Ford reportedly told investors that the company is considering removing Similac Special Care and other premature infant formulations from the market, amid increasing concerns about the risk of necrotizing enterocolitis (NEC), and legal liability the company faces for failing to warn about the increased risks preemies face of developing the devastating gastrointestinal condition from cow’s milk-based formula.
• June 25, 2024 Update: In a court order issued this month, Judge Pallmeyer has given the parties more time to finish fact discovery for a series of “bellwether” claims, extending the close of fact discovery deadline to August 9, while also laying out a schedule for the first NEC baby formula lawsuit trials to begin in May, 2025. The updated schedule calls for the parties to conduct expert depositions from November 4, 2024 through January 10, 2025, with all motions for summary judgment and Daubert challenges to the admissibility of expert testimony due by January 24, 2025. The Court will then hold Daubert hearings on March 24, 2025, at which time Judge Pallmeyer will determine whether the expert witness testimony proposed by each side involves opinions that are sufficiently reliable and sound for a jury to consider.
• June 17, 2024 Update: In one of the most recent Enfamil NEC lawsuits filed in the Baby Formula MDL, Tanika Graham, of California, filed a lawsuit raising allegations that Mead Johnson intentionally exploits vulnerable families for financial gain, by withholding critical information about the link between Enfamil and NEC for premature infants. Graham’s complaint joins hundreds of similar lawsuits pending in the litigation, each raising similar allegations that children developed necrotizing enterocolitis (NEC) after being fed the cow’s milk-based formula.
• May 14, 2024 Update: U.S. District Judge Rebecca R. Pallmeyer issued a case management order on May 6, mandating that plaintiffs’ lawyers confirm that infants were given Mead Johnson’s (Enfamil) products by performing a detailed review of medical and feeding records before naming the company in a lawsuit. Non-compliance with these stringent verification protocols may lead to the dismissal of cases lacking sufficient evidence of product usage.
• April 7, 2024 Update: Following a groundbreaking $60 million Enfamil NEC lawsuit verdict, 50 new infant formula NEC lawsuits were filed in the multi district litigation last month. The U.S. JPML announced there are now 453 infant formula NEC lawsuits pending in the Preterm Infant Nutrition Products Liability Litigation.
• March 15, 2024 Update: A jury in Illinois state court awarded a $60 million verdict in an Enfamil NEC lawsuit, directing Mead Johnson to compensate the mother of a premature infant who died of necrotizing enterocolitis (NEC) after being fed Enfamil formula shortly after birth.
• March 3, 2024 Update: U.S. District Judge Rebecca R. Pallmeyer has given the parties until June 28, 2024, to complete general fact discovery for a group of 12 NEC lawsuits selected for early trial dates, providing an extension of two months over the original timeline.
• October 5, 2023 Update: Judge Pallmeyer has ordered a series baby formula NEC settlement talks be held this month in an effort to explore a resolution for hundreds of similar claims being pursued by families nationwide before the first bellwether trials begin.
• June 30, 2023 Update: Judge Pallmeyer dismissed all of the infant formula NEC class action lawsuits, allowing the individual claims to proceed. Shortly following, the parties submitted a joint plan to select 10 potential baby formula NEC lawsuits for the first bellwether trials. Nine of those cases were chosen to proceed by Judge Pallmeyer in early November 2023.
• April 24, 2023 Update: The parties agreed on a series of discovery protocols that will help prepare the bellwether NEC lawsuits for early trial dates.

Enfamil and Similac NEC Risks

Necrotizing enterocolitis (NEC) is a serious health condition that may be caused by toxic baby formula, where an infant’s intestinal tissues becomes inflamed. If left untreated, it can cause that tissue to die, resulting in perforations in the intestines, which allow bacteria to leak into the abdomen or infiltrate the bloodstream. This can lead to life-threatening infections, narrowing of the intestines, short bowel syndrome, developmental delays and a failure to thrive.

About 90% of NEC cases occur among babies born in the 37th week of pregnancy and about 1 out of every 1,000 premature infants may be effected. It is usually diagnosed through a blood test for bacterial infections, fecal tests looking for blood in the stool, or by x-rays revealing air bubbles in the abdomen or around the intestines.

Symptoms can include:

• Abdominal pain
• Abdominal swelling
• Changes in heart rate, blood pressure, breathing and temperature
• Bloody diarrhea
• Green or yellow vomit
• Inability to gain weight
• Lack of appetite
• Lethargy

Although numerous studies published in recent years have linked Similac and Enfamil to an increased risk of NEC, the manufacturers have failed to provide adequate warnings about the potential risk to infants, and in fact still promote their products as a preferred, premium formula for premature infants.

Some studies have indicated babies fed cow’s milk formula exclusively are six to 10 times more likely to be diagnosed with NEC than infants given only breast milk.

Similac & Enfamil NEC Settlements

As of March 2024, there have been no global settlements in the Enfamil and Similac NEC lawsuits currently pending in the federal court system, where the claims have been consolidated before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.

In 2023, Judge Pallmeyer ordered the parties to select four infant formula NEC lawsuits for an initial bellwether trial pool, to serve as early test cases to see how juries will respond to common evidence and arguments likely to be repeated in hundreds of similar claims.

While the date the first NEC bellwether trial in the federal court system not yet been scheduled, Judge Pallmeyer has previously indicated the cases will be spaced about 12 weeks apart, and prior scheduling orders suggested the claims would be ready to go before juries by the end of 2024.

Bellwether trials serve a strategic purpose in mass tort litigation by providing a sample of jury responses to evidence and arguments that are common across a large number of similar cases. The outcomes of these Enfamil and Similac NEC trials can significantly influence the course of the litigation for several reasons, potentially encouraging a global settlement offer.

How much is an infant formula NEC lawsuit worth?

In March 2024, the first Enfamil NEC lawsuit to go before trial resulted in an Illinois jury awarding $60 million in damages to the mother of a premature infant who died of necrotizing enterocolitis (NEC) after being fed Enfamil formula shortly after birth.

Although the case was filed in an Illinois state court and not included in the MDL, the lawsuit was being closely watched, since it was the first Enfamil NEC lawsuit to go to trial in the United States, and may signal how juries will respond to similar evidence and testimony during the upcoming Enfamil and Similac NEC bellwether trials.

Free Similac or Enfamil Lawsuit Evaluation

NEC lawyers provide free consultations and claim evaluations to help determine if financial compensation and settlement benefits may be available as a result of the manufacturers’ failure to warn about the link between Similac, Enfamil and necrotizing enterocolitis.

Toxic baby formula Lawsuits are being investigated nationwide for parents of infants who were left severely injured, or who died, due to an NEC diagnosis after being fed Similac or Enfamil while hospitalized.