Toxic NEC Baby Formula Lawsuit | 2025 Latest Updates

Update: Judge Dismisses Lawsuit Against Abbott Over Preemie Formula Days Before Trial

May 6, 2025 – A federal judge in Chicago has ruled in favor of Abbott Laboratories, dismissing a lawsuit just days ahead of what would have been the first trial addressing claims that the company’s formula for premature babies causes necrotizing enterocolitis (NEC).

The lawsuit was filed by Ericka Mar, a mother from Kentucky, who argued that her daughter RaiLee, born at 28 weeks in 2014, passed away at two weeks old after being fed Abbott’s cow’s milk-based infant formula. Mar accused Abbott of marketing a defective and unreasonably hazardous product and claimed that the company failed to properly warn consumers and healthcare providers of its potential risks.

However, U.S. District Judge Rebecca Pallmeyer granted Abbott’s motion for summary judgment, finding Mar had not provided enough evidence to prove that the formula could have been made safer or that proper warnings would have prevented the outcome.

This case was set to be a bellwether trial, intended to help shape the legal path for hundreds of similar lawsuits centralized in federal court in Chicago. Abbott and Mead Johnson are jointly facing hundreds of federal claims, with Abbott alone defending over 1,400 lawsuits nationwide regarding the same issue.

Although the dismissal is a legal win for Abbott, Judge Pallmeyer emphasized that her decision doesn’t automatically impact the other pending claims. She noted that future plaintiffs might present different evidence that could overcome the legal obstacles seen in this case.

Importantly, Judge Pallmeyer declined Abbott’s request to bar testimony from two expert witnesses who link NEC to cow’s milk-based formulas, allowing that testimony to remain in play for future cases. She also denied Abbott’s summary judgment motion in the other lawsuits, signaling that trials will move forward, with the next one expected to begin in August.

NEC Baby Formula Lawsuit Overview

Toxic baby formula lawsuits primarily involve claims against manufacturers like Abbott Laboratories and Mead Johnson for failing to warn about the increased risk of necrotizing enterocolitis (NEC) in premature infants who consume cow’s milk-based formulas.

More than 275 lawsuits remain pending against Mead Johnson, consolidated into MDL 3026 in Illinois. Multiple studies have found that premature infants fed with formula are 20 times more likely to develop NEC compared to those fed with breast milk.

Related Article: Baby Food Toxic Metals Lawsuit & Attorneys

Latest Toxic Baby Formula Lawsuit Updates

March 15, 2025 – Over 275 lawsuits were pending in MDL 3026. Judge Pallmeyer signed an order continuing Mead Johnson’s motions to dismiss, with plaintiffs’ responses due by January 6, 2024.

March 12, 2025 – As of March 2025, 663 lawsuits against Mead Johnson and Abbott regarding necrotizing enterocolitis (NEC) from toxic baby formulas are pending in MDL 3026 in the Northern District of Illinois, overseen by U.S. District Judge Rebecca R. Pallmeyer. Bellwether trials are set to begin May 5, 2025, following state court verdicts: $60M (Illinois, March 2024), $495M (Missouri, July 2024), and a defense win (St. Louis, October 2024) [1].

March 3, 2025 – Judge Pallmeyer issued an order defining terms and procedures for NEC pathology reports and expert analysis.

October 2024 – A status conference reviewed MDL progress.

May 2023 – Science Day on May 3 presented evidence linking NEC to cow’s milk-based formulas.

April 2023 – Lawyers negotiated discovery procedures, with unresolved issues due by April 25.

FDA Reports and Statistics

According to FDA reports, Abbott Nutrition’s Sturgis, Michigan facility was linked to Cronobacter sakazakii and Salmonella Newport infections in infants. Five cases were reported from Minnesota (1), Ohio (2), and Texas (2) between September 2021 and February 2022, all requiring hospitalization, with Cronobacter potentially contributing to two deaths; these are unrelated to NEC lawsuits focused on cow’s milk formulas.

In May 2011, the FDA reported at least 15 cases of necrotizing enterocolitis (NEC), including 2 infant deaths, linked to SimplyThick, a thickener for infants with swallowing difficulties, with broader studies later identifying 22 cases and 7 deaths from 2001–2012.

In November 2014, Solgar recalled ABC Dophilus Powder after a preterm infant died from intestinal mucormycosis caused by Rhizopus oryzae, identified by the CDC in the same lot; this is not NEC-related.

On June 24, 2022, Perrigo recalled 23,388 containers (12.4 oz) of Parent’s Choice Advantage Infant Formula sold at Walmart due to potential metal contamination, with no reported illnesses or NEC connection.

Toxic Baby Formula Injuries & Side Effects

Premature infants fed cow’s milk-based formulas like Similac and Enfamil face significantly higher risks of developing severe and potentially fatal complications.

• Necrotizing Enterocolitis (NEC): A serious intestinal disease characterized by tissue death in the bowels, potentially leading to intestinal perforation and bacterial infection in the bloodstream
• Cronobacter Infections: Can cause severe, life-threatening sepsis or meningitis, with symptoms including poor feeding, irritability, temperature changes, and jaundice
• Intestinal Perforation: Development of holes in the intestinal wall, allowing bacteria to leak into the abdomen or bloodstream
• Sepsis: Life-threatening systemic infection that can lead to organ failure and death

Do You Qualify for a Toxic Baby Formula Lawsuit?

You may qualify for a toxic baby formula lawsuit if:

• Your premature infant was fed Similac, Enfamil, or other cow’s milk-based formula
• Your child developed NEC or other serious complications after consuming the formula
• The injuries required medical treatment or hospitalization
• You can provide medical documentation linking the injuries to the formula consumption

Evidence Required for a Toxic Baby Formula Lawsuit

• Medical records documenting the diagnosis of NEC or other complications
• Proof of formula use (receipts, packaging, or medical notes)
• NICU records showing when formula feeding began
• Documentation of ongoing medical treatment related to the injuries

Damages You Can Recover

• Medical expenses (past and future)
• Long-term care costs for children with permanent injuries
• Pain and suffering
• Emotional distress
• Funeral expenses (in wrongful death cases)

Baby Formula Recall Information

Abbott Nutrition Recall (February 2022)

1. Products: Powdered Similac, Alimentum, and EleCare infant formulas
2. Identifying factors:

• First two digits of the code are 22 through 37; AND
• The code contains K8, SH or Z2; AND
• Expiration date is 4-1-2022 (APR 2022) or later

Perrigo Company Recall

1. Product: Parent’s Choice Advantage Infant Formula Milk-Based Powder with Iron (35 oz. containers)
2. Lot Code: C26EVFV
3. “Use by” date: February 26, 2021

Solgar ABC Dophilus Recall

1. Product: Solgar ABC Dophilus® Powder NET Wt. 1.75 oz (50 g)
2. UPC Code: 0 33984 00010 0
3. Lot Numbers: 074024-01R1, 074024-01, 074024-02
4. Expiration Date: 7/31/15

Statute of Limitations for Toxic Baby Formula Lawsuits

The time limits for filing a toxic baby formula lawsuit vary by state but generally range from 1-3 years from the date of injury or discovery of the connection between the injury and the formula. Because these time limits can vary significantly, it’s crucial to consult with an attorney as soon as possible to protect your legal rights.

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FAQs

1. How much is my NEC baby formula case worth?

Compensation varies based on injury severity, with potentially higher settlements for cases involving ongoing medical care ($400,000 to $1 million+), wrongful death ($250,000 to $750,000), or significant recovery after suffering ($50,000 to $400,000).

2. How long will my NEC baby formula lawsuit take?

The timeline varies depending on case complexity. Initial consultation typically takes 1-2 weeks, evidence gathering 2-4 months, discovery phase 3-6 months, with ongoing settlement negotiations. If a trial becomes necessary, that could add several more months to the process.

3. What if I used multiple formula brands?

Your attorney can investigate which brand(s) contributed to your child’s NEC, building a case accordingly. Medical records often document which specific formulas were used.

4. Can I still file if my baby recovered from NEC?

Yes, you can still pursue compensation for medical expenses, pain, suffering, and emotional distress even if your child has recovered from NEC.

5. What if I no longer have the formula container?

Purchase receipts, medical records, or other evidence linking the formula to your child’s condition can support your case even without the original container.

6. Is this a class action lawsuit?

No, these are individual lawsuits that have been consolidated for pretrial proceedings (MDL). Individual lawsuits typically result in higher compensation for victims than class actions.

7. How is necrotizing enterocolitis (NEC) diagnosed?

NEC is diagnosed through physical examination, blood tests, and imaging studies like X-rays that can show intestinal inflammation or air in the intestinal wall.

8. What scientific evidence links baby formula to NEC?

Multiple studies, including a 1990 Lancet study, found formula-fed babies were 20 times more likely to develop NEC compared to breast milk-fed infants. A Journal of Pediatrics study found babies fed breast milk were 90% less likely to develop NEC.

9. Will filing a lawsuit affect my child’s medical care?

No, filing a lawsuit will not impact your child’s medical care. Healthcare providers will continue to deliver the best possible treatment regardless of litigation.

10. What are the warning signs of NEC in infants?

Warning signs include feeding intolerance, abdominal distention, bloody stools, bloated stomach, vomiting (potentially with a greenish tint), and increased gastric residuals.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for toxic baby formula injuries. Many states only allow 1-2 years from the date of injury to file a claim, and this deadline may have already passed for some families.

Schmidt & Clark, LLP offers:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

Don’t delay seeking justice for your child. Contact our specialized NEC baby formula attorneys today for a comprehensive case evaluation.

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Reference: 

[1] https://www.drugwatch.com/baby-formula/lawsuits/