Necrotizing enterocolitis (NEC) is every parent’s nightmare—an unexpected, potentially fatal condition that can strike premature infants. If you’re reading this, you may be wondering: Did baby formula play a role in my child’s suffering?The short answer, increasingly backed by science and legal precedent, is yes. And if that’s the case, you may be entitled to financial compensation.
In this post, we’ll explain the link between baby formula and NEC, walk you through the lawsuits currently underway, and help you understand your legal rights if your child was affected.
What Is NEC (Necrotizing Enterocolitis)?
NEC is a gastrointestinal disease that mostly affects premature or low birth weight infants. The condition causes inflammation and destruction of intestinal tissue, and in severe cases, the damaged tissue dies, leading to a host of complications like:
- Intestinal perforation
- Infections (sepsis)
- Long-term digestive issues
- Even death
NEC typically appears within the first two weeks of life, especially in infants fed through a bottle rather than breastmilk.
The Baby Formula Link: What Science Tells Us
For years, pediatricians and NICUs (neonatal intensive care units) have recommended breast milk over formula, especially for preemies. Research now strongly suggests that cow’s milk-based baby formulas—like Similac and Enfamil—may significantly increase the risk of NEC in preterm infants.
Studies published in medical journals like Pediatrics and The Lancet have found that:
- Premature infants fed cow’s milk-based formula were up to 10 times more likely to develop NEC than those fed breast milk.
- NEC rates dropped substantially when hospitals switched to human milk-based feeding programs.
Despite this knowledge, some formula manufacturers allegedly failed to provide adequate warnings about the risks of using their products for vulnerable infants.
Which Brands Are Named in NEC Lawsuits?
Several NEC baby formula lawsuits are targeting major manufacturers like:
- Abbott Laboratories – Makers of Similac
- Mead Johnson & Company – Makers of Enfamil
These lawsuits claim that these companies:
- Knew or should have known about the NEC risk
- Marketed their products as safe for preterm infants
- Failed to include warnings on packaging or advertising
Parents of affected children are now suing for damages, including medical bills, pain and suffering, and in the worst cases, wrongful death.
Who Is Eligible to File an NEC Baby Formula Lawsuit?
If your child was born prematurely and developed NEC after being fed Similac, Enfamil, or another cow’s milk-based formula, you may be eligible to file a lawsuit. You could qualify for compensation if:
- Your child was born prematurely (before 37 weeks)
- They were fed formula in the NICU or shortly after birth
- They were diagnosed with NEC
- They suffered serious health outcomes due to the condition
In wrongful death cases, parents or legal guardians may also file on behalf of a deceased infant.
What Types of Compensation Can You Claim?
Parents filing NEC-related lawsuits may be entitled to both economic and non-economic damages, including:
- Medical Expenses: NICU care, surgeries, medications, follow-up treatments
- Future Medical Costs: If your child faces long-term complications
- Emotional Distress: The trauma of seeing your child suffer or die
- Loss of Consortium: If NEC affects the parent-child bond
- Wrongful Death Compensation: In tragic cases where NEC leads to death
In some cases, punitive damages may be awarded if the court finds that a formula company acted with gross negligence or deliberate disregard.
What Evidence Is Needed for an NEC Lawsuit?
To build a strong case, your attorney will likely gather:
- Medical Records: NICU charts, NEC diagnosis, surgical notes
- Feeding Logs: What type of formula or milk was given and when
- Product Labels: Documentation of the formula used
- Expert Testimony: Medical professionals linking the formula to NEC
Even if your child is still alive and receiving treatment, it’s important to start gathering records now. The sooner you act, the stronger your legal position will be.
What Is the Current Status of NEC Formula Lawsuits in 2025?
As of mid-2025, NEC baby formula lawsuits are being consolidated into multi-district litigation (MDL) in several federal and state courts across the U.S. This means that similar claims are being grouped together for efficiency, though each plaintiff’s case is still treated individually when it comes to compensation.
Some early verdicts and settlements have already started trickling in—mostly favoring the families.
Lawyers anticipate that future NEC-related verdicts could result in:
- Multi-million dollar payouts for families
- Settlements by Abbott and Mead Johnson to avoid lengthy trials
- New product labeling and marketing reforms
What’s the Deadline to File an NEC Baby Formula Lawsuit?
Each state has its own statute of limitations, but for most product liability cases involving children, the clock may not start ticking until the child turns 18. However, the sooner you file, the better—because medical records and memories can fade.
Here’s a general guideline:
- In many states: 2–3 years from diagnosis or from when you “should have known” the cause
- For wrongful death: Often 2 years from the date of death
- For ongoing treatment cases: Clock may pause until treatment ends
Tip: Don’t assume you’re out of time. A specialized NEC lawyer can help you understand your exact deadline.
How to Start the Legal Process
Filing a claim may sound daunting, but law firms specializing in NEC lawsuits often work on a contingency basis, meaning you pay nothing upfront. Here’s how the process works:
- Free Consultation: Speak with a lawyer to assess your case.
- Case Review: Your lawyer collects records, evaluates the formula link, and estimates damages.
- Filing the Claim: The legal team handles the paperwork and joins the MDL (if eligible).
- Settlement or Trial: Many cases settle out of court; some go to trial.
- Compensation: If successful, you receive compensation—minus the attorney’s contingency fee.
Choosing the Right NEC Lawsuit Attorney
Look for firms with:
- Experience handling medical product liability or NEC claims
- Access to pediatric and neonatal medical experts
- A proven track record in high-stakes mass torts
- A no-fee-unless-you-win policy
Large national firms may offer more resources, but local firms might offer a more personalized touch. Ask questions before signing anything.
Final Thoughts
If your child developed NEC after consuming Similac or Enfamil, you’re not alone—and you’re not powerless. The legal system exists to hold manufacturers accountable and help families heal. Pursuing a claim won’t undo the pain, but it can provide the justice and support your family deserves.
Don’t wait. The road to compensation starts with a single step—and that step is reaching out for help.
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