Lawsuits allege that Similac cow’s milk-based preterm formula and fortifier products cause necrotizing enterocolitis (NEC) in premature babies. Abbott, the maker, denies this and says its products are safe.
Cases are pending in MDL No. 3026 and in state courts. Juries have awarded $495 million and $70 million in two cases. On August 20, 2026, Abbott agreed to a $670 million settlement of part of the litigation.
About 1,700 lawsuits have been filed against Abbott and Mead Johnson, and Abbott did not admit liability in the August settlement. Mead Johnson, which makes Enfamil, is also named in the MDL.
- Case or litigation name: In re Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation (MDL No. 3026)
- Defendants: Abbott Laboratories (Similac); Mead Johnson (Enfamil) is also named in the MDL
- Court and docket number, when available: U.S. District Court, Northern District of Illinois, MDL No. 3026
- MDL number, judge, and case count, when an MDL exists: MDL No. 3026, Northern District of Illinois, Judge Rebecca R. Pallmeyer; more than 825 federal cases consolidated as of August 2026
- Filing date: April 8, 2022 (JPML order centralizing the cases)
- Main allegations: Plaintiffs allege that cow’s milk-based preterm infant formula causes necrotizing enterocolitis in premature babies and that Abbott failed to warn; Abbott denies it
- Products or people involved: Abbott’s cow’s milk-based preterm infant formula and human milk fortifier products made for hospital use, and premature infants who developed NEC
Table Of Contents
- Latest Similac Lawsuit Updates
- September 14, 2026: Abbott Settles Justice Department Case
- August 20, 2026: Abbott Announces $670 Million Settlement
- May 5, 2026: Missouri Court Upholds $495 Million Verdict
- April 10, 2026: Chicago Jury Awards $70 Million
- November 13, 2025: United States Joins False Claims Act Case
- April 8, 2022: Cases Centralized as MDL No. 3026
- February 17, 2022: Abbott Nutrition Recalls Powdered Formulas
- What Is Necrotizing Enterocolitis?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- References
Latest Similac Lawsuit Updates
September 14, 2026: Abbott Settles Justice Department Case
The Department of Justice announced that Abbott agreed to pay $384,999,040. The payment resolves False Claims Act allegations about powder infant formula made at plants in Michigan and Arizona [1].
This matter is separate from the NEC cases. The claims are allegations only, and there has been no determination of liability.
August 20, 2026: Abbott Announces $670 Million Settlement
Abbott announced a $670 million settlement with three law firms representing about 2,000 people. The deal partially resolves the Similac and Mead Johnson preterm formula litigation, Reuters reported [2].
Abbott did not admit liability. It agreed to drop its appeal of a St. Louis jury verdict. It says it remains confident in the safety of its infant formula products.
May 5, 2026: Missouri Court Upholds $495 Million Verdict
The Missouri Court of Appeals upheld the $495 million verdict in Margo Gill’s case against Abbott, the Chicago Tribune reported [3]. A St. Louis jury awarded it in July 2024.
The award was $95 million in compensatory and $400 million in punitive damages. Abbott said it would seek further appellate review.
April 10, 2026: Chicago Jury Awards $70 Million
A Chicago jury ordered Abbott to pay $70 million to four families, Reuters reported [4]. The award was $53 million in compensatory damages and $17 million in punitive damages.
The children were born in Chicago-area hospitals between 2012 and 2019. They developed NEC but survived. Abbott said it would appeal.
November 13, 2025: United States Joins False Claims Act Case
The United States filed its Complaint in Intervention in a False Claims Act case over powder infant formula, according to the DOJ release. It is not an NEC injury case. The case settled in September 2026.
April 8, 2022: Cases Centralized as MDL No. 3026
The Judicial Panel on Multidistrict Litigation centralized the Similac and Mead Johnson NEC cases as MDL No. 3026 [5]. The Northern District of Illinois handles them before Judge Rebecca R. Pallmeyer.
February 17, 2022: Abbott Nutrition Recalls Powdered Formulas
Abbott Nutrition started a voluntary recall of certain powdered infant formulas made at its Sturgis, Michigan plant, the FDA reported [6]. The CDC and FDA were investigating Cronobacter infections. The recall is separate from the NEC litigation.
What Is Necrotizing Enterocolitis?
According to the NICHD, necrotizing enterocolitis, or NEC, is a common disease of the intestinal tract. The tissue lining the intestine becomes inflamed, dies, and can slough off [7].
Who May Be Affected?
The lawsuits involve premature babies who were fed cow’s milk-based preterm formula or fortifier in a hospital and then developed NEC. The cases name products sold under the Similac and Mead Johnson brand names.
The NICHD says NEC usually begins in the first 2 or 3 weeks after birth in preterm infants. Our Enfamil formula lawsuit page covers the other defendant. Whether your family qualifies depends on an individual legal review of the facts.
Reported Injuries or Damages
Plaintiffs allege NEC in premature infants. In the four-family case, three children required surgery, and all live with ongoing health problems, according to their filings.
In the Gill case, the jury found the formula caused NEC. The baby girl, born at 26 weeks in 2021, had extensive surgery and has long-term health issues. Abbott disputes causation.
NEC mostly affects premature newborns and causes the death of bowel tissue. Its estimated mortality rate is more than 20%.
In 2024 the FDA, CDC and NIH said in a joint statement, “There is no conclusive evidence that preterm infant formula causes NEC.” Abbott says its products do not cause it.
Recall and Regulatory Background
Recalled Similac powdered formula had a code starting with 22 through 37 and containing K8, SH, or Z2. The expiration date was 4-1-2022 (APR 2022) or later [8]. Liquid formula was not included.
The FDA reported 4 adverse events, 4 hospitalizations and 2 deaths. A May 16, 2022 consent decree required corrective actions at the plant. No FDA recall has been announced for Similac over NEC.
Evidence to Preserve
Keep any records that show what your baby was fed and how NEC was diagnosed. Useful items include:
- Medical records of the baby’s hospital stay and NEC diagnosis
- Hospital feeding records, with the product name, lot number and label if available
- Photographs of containers and labels
- Purchase or hospital records
- Messages with doctors, the hospital and the manufacturer
Keep containers, packaging and paperwork, even if a case seems far off. Save digital copies of records and photos too.
Filing Deadlines
Filing deadlines come from state law and depend on where you live and when the illness and diagnosis happened. Some states start the clock at diagnosis, so dates can differ by family.
Waiting too long can end a claim even if the facts are strong. A lawyer can tell you which deadline may apply to your family.
Potential Compensation
In 2024, a St. Clair County, Illinois jury ordered Mead Johnson to pay $60 million to the mother of a premature baby who died. That case concerned a Mead Johnson formula, not Similac.
In injury cases, damages may include medical expenses, future care costs, pain and suffering, and loss of enjoyment of life. Whether any applies depends on the facts of each case.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation is decided case by case after an individual review.
Frequently Asked Questions
Is There a Similac Lawsuit?
There is a Similac lawsuit, and many cases are pending. Cases against Abbott have reached trial three times. Two ended in plaintiff verdicts. In the third, a judge granted a new trial after a not-liable finding, and Abbott is appealing.
How Much Is the Similac Settlement?
The Justice Department part of the Similac settlement resolves manufacturing allegations, not NEC claims. It pays $348,700,868 to the United States and $36,298,172 to certain states. The settlement with NEC plaintiffs is described in the updates above.
What Does the Research Say About Formula and NEC?
Research on formula and NEC is mixed. A 2024 report from U.S. agencies and a working group convened by the National Institutes of Health tied higher NEC rates to missing breast milk, not formula. Other research shows an association between cow’s milk-based formula and higher NEC rates.
Are Store-Bought Similac Formulas Part of the NEC Lawsuits?
Store-bought Similac is not the focus of the NEC lawsuits. The products in question are cow’s milk-based formula and products for fortifying mother’s milk. They are made for infants in hospital settings, not ordinary formula in stores.
Was the Gill Verdict Worth More with Interest?
The Gill verdict was worth more with interest. Abbott said interest would have brought the $495 million award to about $600 million. Abbott agreed in August 2026 to drop its appeal as part of the settlement.
References
- https://www.justice.gov/opa/pr/abbott-agrees-pay-over-384m-settle-allegations-related-contaminated-infant-formula
- https://www.insurancejournal.com/news/national/2026/08/21/882383.htm
- https://www.newstribune.com/news/2026/may/07/court-upholds-495-million-verdict-against-abbott/
- https://www.thecattlesite.com/news/jury-orders-abbott-to-pay-70-million-in-preterm-formula-case
- https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3026-Initial-Transfer-Order-3-22.pdf
- https://www.fda.gov/food/outbreaks-foodborne-illness/fda-investigation-cronobacter-infections-powdered-infant-formula-february-2022
- https://www.nichd.nih.gov/health/topics/nec/conditioninfo
- https://www.fda.gov/consumers/powdered-infant-formula-recall-what-know