Jury Orders Abbott to Pay $70 Million to Families Who Say Baby Formula Caused Deadly Gut Disease

What Is NEC — and Why Is It So Dangerous?

NEC stands for necrotizing enterocolitis. It is a disease where the tissue in a baby’s intestines starts to die. In severe cases, the bowel can tear open. When that happens, bacteria spills into the belly and bloodstream, causing a life-threatening infection.

NEC is one of the most serious emergencies in a newborn intensive care unit (NICU). Between 20 and 40 percent of babies who get NEC need surgery. Up to half of those with the most severe cases do not survive.

Premature babies — especially those born very early or with very low birth weight — are the most at risk. Their digestive systems are still developing. Their intestines are fragile and more likely to be harmed by inflammation.

Why Do Families Say Cow’s-Milk Formula Played a Role?

Research has shown that premature babies fed cow’s-milk-based formula may face a much higher risk of NEC than babies fed breast milk. Some studies suggest the risk is up to ten times higher.

When a mother cannot produce enough milk, or a baby is too fragile to breastfeed, hospitals often turn to donated human milk or formula. Abbott makes Similac Special Care — one of the most widely used formulas for premature babies in NICUs across the country.

Families in these cases say Abbott knew cow’s-milk-based formula carried extra risks for premature babies, but did not warn parents or doctors clearly enough. They say they had no idea their baby’s hospital feedings could be connected to the disease that nearly — or did — take their child’s life.

What the Chicago Jury Decided

The trial took place in Cook County, Illinois. Four families took part. All four had premature babies who developed NEC after receiving Abbott’s formula in the NICU.

All four babies survived, but not without serious harm. Three of the infants needed surgery shortly after birth. The families said they continue to deal with the lasting effects of their children’s illness.

Abbott said it disagrees with the verdict and plans to appeal. The company has repeatedly stated that research does not prove its formula causes NEC, and has pointed to a finding by the U.S. Food and Drug Administration that there is no conclusive evidence linking specialized premature formula to the disease.

This Is Not the First Big Verdict in These Cases

The Chicago verdict is not the first time a jury has sided with families in NEC formula cases.

Taken together, these verdicts show that juries across the country are finding Abbott responsible for harm done to premature babies in NICUs.

Hundreds More Cases Are Waiting in Federal Court

Beyond the state court trials, nearly 800 NEC formula cases are currently pending in U.S. federal court. They have been grouped together in the Northern District of Illinois before U.S. District Judge Rebecca Pallmeyer, which allows the cases to move forward more efficiently.

Three test trials — called bellwether trials — are scheduled:

These test trials will help both sides understand how juries respond to the evidence. They often influence whether companies decide to offer resolutions to other families waiting in line. For families who have not yet taken any steps, the window to act is open — but it will not stay open forever.

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