Infant Formula

What is necrotizing enterocolitis?

Premature and low-birth-weight infants face an increased risk of developing necrotizing enterocolitis (NEC) after consumption of bovine-based formulas. 

NEC is a serious medical condition that occurs when the large intestine (colon) becomes inflamed. The inflammation can damage and kill some tissue in the colon, and can sometimes cause a hole to form in the intestines. This allows bacteria in the intestinal track to leak into the intestinal wall and sometimes out of the abdominal cavity. Serious infractions can result very quickly. 

Infants who develop severe NEC may require surgery to remove the damaged intestine or bowel, procedures connecting the intestine or bowel to the abdomen, and draining of the abdomen. 

Unfortunately, babies who develop NEC can develop scabs or strictures (narrow areas) in the intestine, an inability to absorb food and nutrients, or severe system-wide infection. Death can also result. 

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Infant Baby Formula Can Increase the Risk of NEC  

Ample research suggests that certain infant formulas using cows milk can significantly increase the risk of NEC. 

• A meta-study reviewing trials with more than 2296 infants demonstrate higher rates of NEC development in infants provided with formula instead of human milk
• Double-blind randomized clinical trials found “necrotizing enterocolitis occurred in 4.2% of infants in the donor milk group vs 9.0% of infants in the preterm formula group.”
• Studies dating back as 1990 demonstrate a heightened risk of NEC in formula-fed babies, with premature infants provided with formula instead of human milk more than 10 times as likely to develop NEC. 

In light of the risks of infant formula, The American Academy of Pediatrics recommends parents of all infants avoid infant formula in favor of breast milk. 

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Why Are NEC Baby Formula Lawsuits Being Filed? 

Parents whose children developed NEC after consuming infant formula are pursuing legal claims against formula manufacturers to hold them accountable for the harm done to premature infants. 

Lawsuits allege formula manufacturers were aware of the heightened risk and failed to provide adequate warning to parents about the dangers. 

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History of NEC Baby Formula Lawsuits and Recent Case Updates

As parents began pursuing claims against formula manufacturers, a multi-district litigation (MDL) was certified in the Northern District of Illinois.  MDLs bring many cases before one judge to decide on common issues. While each plaintiff retains their own independent claim, the judge can decide on common issues affecting all cases to streamline the litigation process. 

In 2024, four bellwether trials were scheduled. Bellwether trials are test cases. The goal is to see how claims play out in court to guide settlement talks. The bellwether cases are:

1. Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)- May 5, 2025
2. Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)- August 11, 2025
3. Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001) - November 3, 2025
4. Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)- February 2, 2025

Can You Still File a NEC Baby Formula Lawsuit? 

NEC baby formula lawsuits are still being filed. However, parents need to act quickly to pursue claims as there is a statute of limitations.

Who can File an NEC Baby Formula Lawsuit?

Parents whose premature infants developed NEC after being fed milk-based formula may be eligible to file an NEC baby formula lawsuit. Children who developed NEC also have the right to pursue a claim to recover compensation for damage resulting from this serious illness. 

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How To File a Lawsuit After Your Child Develops NEC linked to infant formula

If you believe infant formula may have caused your child to develop NEC, you need to find the right attorney to help you understand your rights and pursue your case. We can help. We have developed a network of trusted legal professionals with experience handling these complex cases and we can match you to the right attorney to help you throughout your case.

Reach out to us today so we can connect you with a legal advocate who can guide you through the process of preparing your claim and pursuing justice.