Overview
Families of premature babies who developed necrotizing enterocolitis (NEC) have filed lawsuits alleging that cow's milk-based formulas made by Abbott Laboratories (Similac) and Mead Johnson (Enfamil) caused the condition. The companies deny their formulas cause NEC. Cases have proceeded in state courts and in a coordinated federal proceeding.[4]
The Federal MDL
Federal cases against Abbott and Mead Johnson are consolidated in MDL No. 3026, In re Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, in the Northern District of Illinois. Senior Judge Rebecca Pallmeyer presides over the multidistrict litigation.[4]
Early State Court Verdicts
In March 2024, a St. Clair County, Illinois jury ordered Mead Johnson to pay $60 million to the mother of a premature baby who died after being fed Enfamil formula.[1]
In July 2024, a St. Louis jury ordered Abbott to pay $495 million in Gill v. Abbott, a case tried in Missouri Circuit Court for the City of St. Louis.[1]
April 2026: Cook County Verdict
On April 13, 2026, a Cook County, Illinois jury ordered Abbott to pay $70 million to four families whose premature babies developed NEC after being fed Abbott formula. Abbott announced it would appeal.[1]
May 2026: Missouri Appeals Court Upholds $495 Million Verdict
On May 8, 2026, the Missouri Court of Appeals upheld the full $495 million verdict against Abbott in Gill v. Abbott. An appellate court is a court that reviews decisions made by trial courts. In this case, the appeals court affirmed the jury's award in its entirety.[2]
June 2026: Illinois Appellate Court Reverses $60 Million Verdict
On June 17, 2026, the Illinois Appellate Court for the Fifth District reversed the $60 million verdict against Mead Johnson that had been entered in St. Clair County in March 2024. The appellate court sent the case back for a new trial, holding that the company's warning duty ran to the treating doctors. This means the court found that Mead Johnson's legal obligation to warn about risks was owed to physicians, not directly to patients or their families, and that the trial court's instructions to the jury on this point were incorrect.[3]
September 2026: First Federal Bellwether Trial
In September 2026, the first federal NEC bellwether trial in MDL No. 3026 reached a jury. In Inman v. Mead Johnson, the jury found for Mead Johnson on all claims. A bellwether trial is an early test case chosen from a larger group of similar cases to help the parties and the court understand how juries may respond to the evidence and legal arguments. At the time of this trial, more than 800 complaints were pending in the MDL.[4]
Where Things Stand
As of the most recent information in the record we track, more than 800 complaints were pending in the federal MDL as of September 2026.[4] The first federal bellwether trial resulted in a defense verdict for Mead Johnson.[4] In state courts, verdicts have gone both ways: two large verdicts for plaintiffs against Abbott have been entered, with one upheld on appeal, while a verdict against Mead Johnson was reversed and sent back for retrial.[1][2][3]
The record we track does not show a global settlement, additional scheduled trial dates in the MDL, or further appellate decisions beyond those described above.
What Is Not Known Yet
In August 2026, it was reported that Abbott agreed to a $670 million NEC settlement. That report has not been confirmed from a company announcement or court filing.[5]
The record we track does not show how many cases remain active in the MDL, whether additional bellwether trials have been scheduled, or the outcome of Abbott's appeal of the $70 million Cook County verdict. The record also does not show whether a new trial has been scheduled in the St. Clair County case that was reversed and remanded by the Illinois appellate court.
Sources
- St. Clair County Circuit Court (Ill.) (2024-03-01). Secondary report: thecattlesite.com
- Gill v. Abbott (Mo. Ct. App.) (2026-05-08). Secondary report: millerandzois.com
- Ill. App. Ct., Fifth District (2026-06-17). Secondary report: verusllc.com
- In re Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026 (N.D. Ill.) (2026-09-02). Secondary report: steptoe.com
- NEC litigation (2026-08-20). Secondary report: millerandzois.com
Litigation facts on this page come from the TortIntel litigation record and the documents linked above. Last checked against that record on 2026-10-24. If you see an error, tell us and we will correct it.