Do I Qualify for a Baby Formula Lawsuit?
You could qualify for a baby formula lawsuit if your child was born premature, was fed Similac or Enfamil, and received a necrotizing enterocolitis (NEC) diagnosis. In April 2026, a jury awarded $70 million to four families whose children developed NEC. Use the checklist below to see if you qualify.
Baby Formula Lawsuit Qualifying Criteria
Parents of premature babies typically need to meet three main criteria to qualify for a baby formula lawsuit.
- Lawsuits involve premature infants (born before 37 weeks), particularly those in the NICU. Extremely premature babies (born at 28 weeks or earlier) have the highest risk of developing NEC.
- The baby formulas mentioned in these lawsuits are Similac (Abbott) and Enfamil (Mead Johnson/Reckitt). These brands make cow’s milk-based formulas or human milk fortifiers. Babies may have received these products in the NICU or at home after discharge.
It’s okay if you don’t know what brand your baby was fed. Your baby’s hospital records should contain the formula information, feeding schedule and other details.
- To qualify, your baby needs to be officially diagnosed with necrotizing enterocolitis by a medical professional. NEC is the intestinal disease at the center of these lawsuits. In some cases, you may also qualify if your baby received an SBS (Short Bowel Syndrome) diagnosis or other gastrointestinal diagnosis.
Which Baby Formulas Are Linked to These Lawsuits?
Similac (made by Abbott) and Enfamil (made by Mead Johnson, a subsidiary of Reckitt) are the two main formulas involved in lawsuits. These are cow’s milk-based formulas marketed for premature infants.
Lawsuits allege that Abbott and Mead Johnson knew that cow’s milk-based formulas could increase the risk of NEC and didn’t warn hospitals or parents. A 2024 study in the Journal of the American Medical Association found that extremely premature babies fed donor human milk were less likely to develop NEC than those fed formula.
What Is NEC, and How Would I Know if My Baby Had It?
NEC is a serious intestinal disease that can affect premature babies. It can cause severe inflammation that kills intestinal tissue. It’s also one of the biggest causes of death and other health problems in the NICU.
Parents should look out for symptoms like feeding intolerance, a swollen belly, blood in stool, fever and lethargy. NEC is typically diagnosed in the hospital, where it will be documented in your child’s medical records. While some babies recover from NEC, others face long-term complications or death.
The exact cause of NEC isn’t clear, but studies have linked baby formula and NEC. Lawsuits claim cow’s milk-based formula has a higher chance of causing NEC than human milk.
What if I’m Not Sure Which Formula My Baby Was Fed?
If you don’t know what formula your baby was fed, you’re not alone. Many parents don’t know what formula was used in the NICU. You can find this information in the medical and feeding records the hospital keeps.
Judge Rebecca Pallmeyer, the judge overseeing NEC cases in multidistrict litigation (MDL 3026), ordered plaintiffs to provide evidence of which formula brand their children ate. Getting this information will help ensure the lawsuit is filed properly.
An attorney can request those records on your behalf if you’re having trouble getting them. You don’t have to file a lawsuit on your own, and it’s free to contact a lawyer and learn about your legal options.
How To File a Baby Formula NEC Lawsuit
You can file a baby formula lawsuit in three main steps. You can get a free case review. Then, an attorney will evaluate your case, and if you qualify, the attorney will file your lawsuit on your behalf.
- Request a case review with no upfront costs.
- An attorney evaluates your situation and gathers records to see if you qualify.
- If you qualify, your attorney will file your baby formula lawsuit as part of MDL 3026 or in state court. They will tell you what they recommend.
Multidistrict litigation, or an MDL, is a process in which a large number of similar cases are grouped in one court before a single judge. This streamlines litigation and reduces costs. It doesn’t matter where you live, because MDLs include cases from across the country.
Some state trials have already occurred. The most recent verdict was in April 2026, where a jury awarded $70 million to a group of families whose children developed NEC after consuming baby formula.
The next MDL trial is set to start in August 2026. This trial’s outcome will likely affect future verdicts and potential settlements in the litigation.
Baby Formula Lawsuit FAQs
- Is there a deadline to file a baby formula lawsuit?
- Yes. The deadline to file a lawsuit (statute of limitations) varies by state, but it’s typically two to three years from diagnosis or discovery of harm. An attorney can tell you the deadline for your specific case.
- Can I still file if my baby recovered from NEC?
- Yes. Families may still qualify for a baby formula lawsuit even if the baby recovered. It depends on whether or not your child had surgery or long-term complications. A free case review can help you find out if you’re eligible.
- Can I file a lawsuit if my baby died from NEC?
- Yes. Families who lost a child to NEC may be eligible to file a wrongful death claim.
- What records or evidence do I need to file?
- You will need medical records confirming an NEC diagnosis, documents showing that your child was fed Similac or Enfamil and any formula packaging or receipts if available. An attorney can help you gather this information.
5 Cited Research Articles
Consumernotice.org adheres to the highest ethical standards for content production and references only credible sources of information, including government reports, interviews with experts, highly regarded nonprofit organizations, peer-reviewed journals, court records and academic organizations. You can learn more about our dedication to relevance, accuracy and transparency by reading our editorial policy.
- United States Judicial Panel on Multidistrict Litigation. (2026, July 1). MDL Statistics Report - Distribution of Pending MDL Dockets by Actions Pending. Retrieved from https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_Actions_Pending-July-1-2026.pdf
- Garg, P.H. et al. (2025, October 11). Legal, Clinical, and Scientific Perspectives on Formula Use and NEC Risk in Preterm Infants. Retrieved from https://www.nature.com/articles/s41390-025-04438-7
- U.S. District Court for the Northern District of Illinois. (2025, July 15). CMO 14 (Census Order). Retrieved from https://ecf.ilnd.uscourts.gov/doc1/067132844152
- U.S. District Court for the Northern District of Illinois. (2025, May 2). Memorandum Opinion and Order. Retrieved from https://ecf.ilnd.uscourts.gov/doc1/067132422206
- Colaizy, T.T. et al. (2024, January 30). Neurodevelopmental Outcomes of Extremely Preterm Infants Fed Donor Milk or Preterm Infant Formula. Retrieved from https://jamanetwork.com/journals/jama/fullarticle/2814657
Calling this number connects you with a Consumer Notice, LLC representative. We will direct you to one of our trusted legal partners for a free case review.
Consumer Notice, LLC's trusted legal partners support the organization's mission to keep people safe from dangerous drugs and medical devices.
844-763-0072