Toxic Baby Formula Lawsuit Update | Sneed & Mitchell LLP

Necrotizing enterocolitis (NEC) is a potentially deadly gastrointestinal illness that mainly affects premature and low-birth-weight infants. NEC results in intestinal inflammation and necrosis (death), often resulting in long-term complications or death. Over the past few years, scientific studies and the clinical experience of doctors have identified a significant relationship between NEC and cow's milk-based baby formulas (such as Similac and Enfamil) precipitating this condition. This evidence has resulted in hundreds of families filing lawsuits against formula producers Abbott Laboratories and Mead Johnson Nutrition based on causes of action for failure to warn, defective design, and misrepresentation.

At Sneed & Mitchell LLP, our firm represents parents and guardians of children who suffered injuries from these products. This article will provide a comprehensive 2,000-word update on the toxic baby formula multidistrict litigation (MDL), or regarding the status of the MDL, recent verdicts from trials, recent legal maneuvers, medical proof, and what the affected families can do going forward.

The Birth and Growth of MDL 3026

In 2022, the U.S. Judicial Panel on Multidistrict Litigation initiated MDL 3026 in the Northern District of Illinois for the purpose of centralizing all federal lawsuits involving NEC claims arising from cow's milk baby formula. This MDL is presided over by Judge Rebecca Pallmeyer. The aim of the MDL process is to allow for a more focused pretrial process, limit duplication of discovery, and assure consistent rulings across similar cases.

Since its inception, the litigation has grown significantly. As of mid-2025, there are over 740 individual cases pending in the MDL. The number of families continues to increase as families come forward, assisted by emerging science and scientific understanding. There are dozens of state tort actions, particularly in Illinois and Missouri, that are also moving forward outside of the MDL.

The Core Allegations that Concern the NEC Baby Formula Lawsuits

According to the plaintiffs, Abbott and Mead Johnson advertised and marketed their formulas for use in neonatal intensive care units (NICUs) and hospitals, two of the most medically vulnerable places in our healthcare systems. The companies invested heavily to promote their products for use in NICUs and hospitals, and despite knowing they were causing an increase risk of NEC, they failed to put appropriate warnings on their ingredient labels, and/or did not relay proper information and warnings to physicians and healthcare institutions.

A quick summary of the core allegations made in the lawsuits includes:

• The defendants were aware, or should have been aware, of an increased risk of NEC based on using their cow’s milk-based products.

• The defendants failed to provide appropriate warnings to physicians, hospitals, or parents.

• The battling message in their marketing for the products as suitable for premature infants, resulted in hospitals excessively using the products with premature infants.

• Internal documents would illustrate the attempts for Abbott and Mead Johnson to downplay the issue or to delay providing information about the safety research.

The foregoing allegations support a range of legal theories, including negligence, design defect, failure to warn, fraudulent concealment, wrongful death, etc.

NEC is not new, the condition has been known and documented in the literature by neonatologists for decades. However, the science and medical literature available in the past 5 years is stronger and more plentiful and show that use of cow's milk-based formulas significantly increased the risk of the baby developing NEC.

Large Jury Verdicts and Bellwether Trials

Significantly consistent among both state court and federal court cases, news coverage has been intense. In April 2024, a Missouri jury awarded $60 million to the family of a preterm infant who died after consuming Enfamil in the neonatal intensive care unit (NICU). The jury held Mead Johnson liable for failing to warn and gross negligence.

In a case also receiving significant jury attention, in July, a jury awarded $495 million to settle against Abbott Laboratories regarding Similac. Again, the verdict included both compensatory damages and punitive damages, reflecting the jury's strong disapproval of Abbott Laboratories' actions.

Bellwether trials accomplish a variety of functions. They also serve as monumentally important plaintiffs' tests of legal theories and evidence standards, previews for families of how a jury may react, and assist all parties with settlement discussions. Most importantly, the feel-good victories motivate distant families to come forth into the litigation.

Legal Plan for NEC Claims

At our law firm, we use a comprehensive legal plan created to maximize recovery for every client and reduce worry throughout the litigation process. Every NEC case we handle requires extensive evidence assembling, such as hospital feeding logs, NICU records, physician notes, and manufacturer product information. Our attorneys also work with neonatology and gastroenterology medical experts to validate diagnosis and causation.

An essential part of any NEC baby formula legal action is the prompt preservation of evidence. We send formal letters to hospitals and medical staff preserving all documents, records of treatment, and care for each instance. We also send requests to formula manufacturers for any documents verifying production and distribution of all infant formulas involved in each separate case.

If either case resolves at an early stage, we provide demand packages for pre-litigation settlements that detail medical summaries, statements from experts, and damages broken down in an itemized fashion. If settlement cannot be reached, then we follow the litigation process, which will involve depositions, motion practice, and, if necessary, a jury trial. Our trial attorneys have significant experience with mass tort and product liability cases and have an undefeated jury record in complex civil cases.

What Damages Are Plaintiffs Seeking?

The harm from NEC is often serious or permanent. It is not unusual for a family to be left with weeks and months in NICUs, suffering through painful procedures, invasive surgeries, or the loss of a child. Even in cases of child surviving, their complications may remain for life including bowel resection, malabsorption disorders, failure to thrive, and interruptions to nutritional status for life.

Victims and their families may be entitled to recover damages for:

• Medical bills, including NICU stays, surgeries, medications and additional care

• Pain and suffering of the infant and family

• Emotional distress for the parents or guardians

• Loss of income for the parent who took time off work

• Long-term disability or developmental delays

• Funeral and burial expenses in case of death

• Punitive damages if you can show the manufacturer acted recklessly

All of these claims involve detailed proof and supporting documents, experts and advocacy for full recovery.

How the NEC MDL Will Likely Unfold

Assuming everything goes according to the current timeline, the MDL has a great deal of activity planned for 2025. The MDL may continue with more bellwether case selections, Daubert hearings to vet expert testimony and possible global settlement discussions. If, and when, trials begin and verdicts are returned, the first cases will likely shape the litigation as well as average settlement values in other cases.

Currently, the court is handling motions on discovery scope, trial schedule and preemption defenses asserted by the manufacturers. While no global settlement has been reached to date, especially with the Abbott and Mead Johnson verdicts in light of settling, analysts predict that both manufacturers may look to deal seriously afterwards.

What Should Parents Do Now?

If your child developed NEC after being fed Similac or Enfamil in the hospital, then it is crucial to act quickly. The first step is to get all of the medical records from the hospital. If possible, (either by asking to the hospital or through records requests) also obtain feeding logs and discharge summaries. Document your child's medical history, which may include surgeries, procedures, medical tests, symptoms, and follow-up appointments.

You should consult a qualified product liability attorney to review your case. Statutes of limitations vary from state to state and may already be running in some cases. Seeking legal representation sooner rather than later can help preserve evidence and enhance your chances of recovery.

At Sneed & Mitchell LLP, we offer free consultations and accept cases involving necrotizing enterocolitis (NEC) on a contingency fee basis - you pay nothing unless we secure compensation for you.'

Frequently Asked Questions

How can I figure out whether my child's NEC was caused by the formula?

We need to perform a medical review. We consult with neonatologists and pediatric specialists who analyze the timeline of when the child was fed formula, if the symptoms correlated with the feeding times, the child's chart data from the nursery, and the feeding patterns to try to establish the causation.

What if my child died years ago?

Depending on the laws of your state, you may have some time to file. Our attorneys can determine if you are still able to file a suit based on statute of limitations within your state.

Is this a class action?

No, this is a mass tort litigation. Each plaintiff has an individual case and damages will be determined based on the specific facts of each individual case.

Will I my baby formula case go to trial?

The answer is probably not because most cases settle before going to trial. If your case goes to trial, every case will go through trial preparation to make sure that we are ready, and if we go to trial we will handle everything in the courtroom.

Can I sue if the hospital was the one that gave the formula?

Yes. The claim is against the manufacturer, regardless of who actually fed the baby. There are cases where hospitals may have liability and these are just ordinary negligence cases; but with NEC lawsuits we are normally focusing on a defect in the product and/or the negligence of the manufacturer.

Choose The Mass Tort Attorneys of Sneed & Mitchell, LLP

Sneed & Mitchell LLP has decades of combined trial experience, has a national mass tort practice, and has successfully sued large pharmaceutical and product manufacturers which differentiate us from other law firms involved with these NEC cases. Our attorneys realize the emotional burden of taking on these litigation matters and that in most cases we may not be able to do anything and that when our client agrees with a strategy to pursue a litigation matter we have a direct involvement and consult closely with the family in establishing an aggressive legal strategy wrapped around compassion.

Our firm will pay the up-front costs of engaging various medical experts and employing case management technology and trial preparation systems. We assume all risk in these cases and we will only control your fees as to your ultimately recover. The ladies and gentlemen we represent from all over Texas and the United States trust us to hold corporations accountable.

Contact Our NEC Litigation Team

If your child suffered from necrotizing enterocolitis (NEC), and you believe your child's condition may have been contributed to by baby formula, don't wait. Call Sneed & Mitchell LLP today at 713-800-6676, or visit our website at www.sneedmitchell.com to set up a free consultation with our firm.

We are here to provide answers, get justice for you and your family, and help you rebuild after tragedy. Allow our team to work with you through this process with integrity, experience, and relentless pursuit of full compensation.