First Federal Trial Underway — $625 Million Awarded So Far
On July 6, 2026, the first federal bellwether trial in the nationwide baby formula NEC litigation began in the U.S. District Court for the Northern District of Illinois, as part of the consolidated multidistrict litigation (MDL No. 3026). The case, brought by an Enfamil family whose newborn son died days after birth, is considered a pivotal test of how juries will respond to the scientific evidence behind these claims. A second federal trial involving a Similac claim is scheduled for August 10, 2026.
In state courts, juries have already sided with families three times: a $60 million verdict against Mead Johnson in Illinois (2024), a $495 million verdict against Abbott in Missouri (2024, upheld on appeal), and a $70 million verdict against Abbott in Cook County, Illinois (April 2026). Combined, more than $625 million has now been awarded, with nearly 800 additional cases still pending in the federal MDL and hundreds more in state courts nationwide.
If your baby was born prematurely in a Rochester-area hospital, diagnosed with NEC, and fed Similac® or Enfamil™, attorney Jacqueline M. Thomas and the team at Lacy Katzen LLP may be able to help — even if your child’s NICU stay was years ago. Contact our office today for a free, confidential consultation or call 585-888-9662.
Lawsuits against the makers of Similac® and Enfamil™ are being pursued by families nationwide, including here in the Rochester area. Similac and Enfamil are popular infant formulas marketed as safe for premature babies. Premature babies, low birth weight babies, and infants with breastfeeding difficulties are often given supplemental feedings with formula. 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 injury, lifelong health complications, and even death.
What Is Necrotizing Enterocolitis (NEC)?
NEC is a serious gastrointestinal disease that causes inflammation in the intestines. It can lead to intestinal strictures (narrowing), perforation, scarring, short bowel syndrome (a decreased ability to absorb food after damage to or removal of the intestine), and severe infections such as peritonitis or sepsis. Symptoms range from mild to life-threatening depending largely on how quickly the condition is diagnosed and treated. Roughly 15 percent of NEC cases result in death, and many survivors face long-term health complications.
Which Babies Are at Risk for NEC?
NEC is mostly associated with preterm babies — around 9 out of 10 cases occur in babies born prematurely, particularly before 28 weeks — but it can also occur after a blood transfusion or tube feeding (enteral nutrition). While the exact cause of NEC remains unknown, medical experts have identified conditions that make the disease more likely, many of which are common in preterm infants: weaker immune systems and underdeveloped digestive systems that struggle to fight intestinal infection.
Diagnosis and Treatment
Symptoms of NEC usually appear within the first two weeks of a baby’s life and can include:
- Stomach pain or swelling
- Blood in the infant’s stool
- Lethargy
- Vomiting, especially when green or yellow in color
- Changes in heart rate, blood pressure, breathing, or body temperature
- Lack of weight gain or refusal of food
Because these symptoms aren’t always obvious, diagnosis can be delayed or missed. Treatment ranges from IV feeding, stopping oral feeding, and antibiotics, to surgical removal of affected intestine in the most severe cases.
The Link Between Cow’s Milk-Based Formulas and NEC
Studies published over the past three decades have identified a link between NEC and cow’s milk-based formulas such as Similac and Enfamil, compared to premature infants fed breast milk. Despite this research, families allege that the manufacturers failed to warn parents and medical professionals of the risk. Relevant research includes a systematic review and meta-analysis on human milk and NEC (MDPI, 2020), a Pediatric Research study on cow’s milk protein-specific immune responses in preterm infants with NEC (2011), and NCBI-indexed research on human milk as a NEC-prevention strategy (2015).
Where the Litigation Stands Now
- Federal MDL 3026 (In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation), before Judge Rebecca Pallmeyer in the Northern District of Illinois, now includes close to 800 pending cases. The first three federal bellwether trials were resolved before trial in the manufacturers’ favor; the fourth, Inman v. Mead Johnson & Company, began July 6, 2026, as the first federal case where the plaintiffs’ causation expert has cleared pretrial challenges and will testify before a jury.
- State courts have delivered three major plaintiff verdicts: $60 million (Illinois, 2024), $495 million (Missouri, 2024, upheld on appeal), and $70 million (Illinois, April 2026).
- Early cases in this litigation include a lawsuit filed on behalf of Daniel Renteria-Hernandez, a premature infant who died of NEC in 2019 after being fed formula, and a case brought on behalf of baby Aries Peterson, in which a federal judge rejected Abbott’s attempt to dismiss the family’s wrongful death claim.
- Separately, Abbott faces a class action alleging that marketing for Similac Pro-Advance falsely suggested the formula was comparable to breast milk.
The lawsuits claim that Similac and Enfamil should have carried warning labels advising parents of the risks to premature newborns, and that the manufacturers knew of these risks but failed to warn the public — causing serious injury and death to preterm babies.
Similac Cow’s Milk-Based Baby Formulas
Similac products cited in current litigation include Similac Neosure, Similac Human Milk Fortifier, Similac Special Care, Similac Alimentum, Similac Alimentum Expert Care, and several fortifier and Special Care variants (20, 24, 24 High Protein, and 30).
Enfamil Cow’s Milk-Based Baby Formulas
Enfamil products named in the litigation include Enfacare Powder, Enfamil 24 and DHA & ARA Supplement, several Enfamil Human Milk Fortifier variants, Enfamil NeuroPro Enfacare, and Enfamil Premature formulas (20 Cal, 24 Cal, 24 Cal/fl oz HP, and 30 Cal).
Several lawsuits name both Mead Johnson and Abbott Laboratories as co-defendants, since many affected babies were fed both Similac and Enfamil products during their NICU stay.
Why Rochester Families Choose Lacy Katzen
Babies born prematurely in the Rochester area are often cared for in local NICUs, and their families deserve an attorney who can meet them in person — not a call center. Lacy Katzen LLP has represented injured individuals and families for over 75 years, with ten attorneys listed in Best Lawyers in America®, recognition as a Best Law Firm®, six attorneys named Super Lawyers, and a Fellow of the American College of Trial Lawyers among our ranks. We have offices throughout the greater Rochester region — in Rochester, Bergen, Canandaigua, Charlotte, Greece, Ontario, and Pittsford — so you can sit down with your attorney, close to home.
Frequently Asked Questions
Do I still have time to file a claim if my child’s NEC diagnosis happened years ago? Yes, potentially. New York law provides extended time periods for minors to bring a claim, and injured infants and their families may be able to pursue a case even many years after the harm occurred. Whether your specific claim is still viable depends on the facts, which is why a free consultation is worth having.
Does it matter which formula brand my baby was given? Most NEC litigation involves cow’s milk-based products from Abbott (Similac) or Mead Johnson (Enfamil). If you’re not sure which formula your baby received, we can help track that down through hospital and NICU records.
Will my case go to trial? Most claims within litigation of this size are resolved without an individual trial, particularly as bellwether verdicts build pressure toward broader settlement. We can walk you through what’s realistic for your specific circumstances.
What does it cost to work with Lacy Katzen on a case like this? These cases are generally handled on a contingency fee basis — there’s no upfront cost, and fees are owed only if you recover compensation.
Should I Contact an Attorney?
The legal proceedings are ongoing, and litigation of this scope can take years to fully resolve — but that doesn’t mean it’s too early, or too late, to find out where you stand. If your baby was born prematurely, diagnosed with NEC, and fed Enfamil or Similac baby formula, attorney Jacqueline M. Thomas and the team at Lacy Katzen LLP may be able to help. Please call 585-888-9662 or contact our office today for a free, confidential consultation.
