Abbott Laboratories, the maker of Similac, is facing hundreds of lawsuits from families whose premature infants developed necrotizing enterocolitis (NEC) in the NICU. The core allegation: Abbott knew its cow’s milk-based formulas posed a significantly elevated NEC risk for premature babies — and kept marketing them to hospitals anyway.
The results so far have been staggering. A Missouri jury returned a $495 million verdict against Abbott in 2024, and the litigation continues to expand. Here is what parents need to know.
$495M
Missouri Verdict vs. Abbott
779+
NEC Cases Pending in MDL
2026
Next Wave of Federal Trials
What Did Abbott Do?
For decades, scientific research has shown that premature infants fed cow’s milk-based formula face substantially higher rates of NEC compared to those fed breast milk or donor human milk. Studies have found that the risk of developing NEC can be up to ten times higher for premature infants fed formula.
Despite this body of evidence, Abbott Laboratories continued manufacturing and aggressively marketing Similac products to NICUs across the country. The lawsuits allege that Abbott failed to adequately warn hospitals, doctors, and parents about the elevated NEC risk — prioritizing profits over infant safety.
The claims against Abbott include product liability (manufacturing a product that is unreasonably dangerous for its intended use), failure to warn (not disclosing known risks), and in some cases fraud and misrepresentation (actively downplaying the dangers).
Which Similac Products Are Involved?
The NEC lawsuits target Abbott’s cow’s milk-based formula products. While the litigation is not limited to a single product, the following Similac products have been most frequently cited in NEC cases:
Similac Special Care
Specifically designed and marketed for premature and low-birth-weight infants in the NICU. This is the product most directly implicated in the lawsuits.
Similac Human Milk Fortifier
A cow’s milk-based supplement added to breast milk to increase caloric and nutritional content for premature infants. Despite being mixed with breast milk, it introduces cow’s milk proteins.
Similac NeoSure
Marketed for premature infants after hospital discharge. Contains cow’s milk-based proteins.
Similac Alimentum
A “hypoallergenic” formula that still contains casein hydrolysate derived from cow’s milk. Included in Abbott’s 2022 voluntary recall.
Similac Advance & Other Standard Formulas
Standard cow’s milk-based infant formulas. While marketed for full-term infants, they have been used in some NICU settings.
Not sure which formula your baby was given? That is very common. Many parents were not told the specific product used in the NICU. Your baby’s feeding history is documented in the NICU medical records, and our team can obtain those records to determine exactly what was administered.
Similac NEC Verdicts and Litigation Status
The $495 Million Missouri Verdict
In July 2024, a Missouri jury returned a landmark verdict against Abbott Laboratories in a Similac NEC case. The jury awarded $95 million in compensatory damages and $400 million in punitive damages — a total of $495 million. The punitive damages reflect the jury’s finding that Abbott acted with reckless disregard for infant safety.
Abbott has stated it will appeal, but the verdict sent a powerful signal: juries are willing to hold formula manufacturers accountable for NEC.
Federal MDL Status
The federal NEC lawsuits are consolidated in MDL 3026 before Judge Rebecca Pallmeyer in the Northern District of Illinois. As of March 2026, there are 779+ active cases. The first three federal bellwether cases resulted in summary judgment for Abbott, but the litigation continues — new cases are being filed and a second wave of bellwether trials has been scheduled.
Upcoming Trial Dates
Inman v. Mead Johnson — bellwether trial reset
Second wave bellwether trial #1
Second wave bellwether trial #2
Second wave bellwether trial #3
These trial dates are critical. Outcomes in bellwether cases often set the framework for broader settlements. Families who file before these trials position themselves to benefit from favorable results. For the full litigation timeline, see our NEC Lawsuit 2026 Update.
It May Not Be Just About Similac
While this page focuses on Similac and Abbott, it is important for families to understand that NEC can have more than one cause. In many cases, hospital negligence plays a significant role alongside or independent of formula.
NICU staff may have failed to follow proper feeding protocols, delayed switching to breast milk when it was available, missed early NEC symptoms, or provided substandard neonatal care. When hospital negligence contributes to NEC, families may have a medical malpractice claim in addition to their product liability claim against Abbott.
This is why choosing the right law firm matters. Most NEC firms only pursue claims against formula manufacturers. The Alvarez Law Firm investigates every potential cause — because pursuing all responsible parties means maximizing your family’s recovery. Our team includes Herb Borroto, M.D., J.D., who personally reviews NICU medical records with the expertise of a trained physician to identify hospital failures that other firms miss.
The 2022 Similac Recall
In February 2022, Abbott issued a voluntary recall of Similac, Similac PM 60/40, Alimentum, and EleCare products manufactured at its Sturgis, Michigan facility. The recall was triggered by reports of Cronobacter sakazakii bacterial contamination that led to infant hospitalizations and deaths.
While the 2022 recall involved bacterial contamination rather than NEC specifically, it further demonstrated Abbott’s pattern of quality control failures and raised broader questions about the safety of its infant formula products. The recall and the NEC litigation together paint a picture of a manufacturer that has repeatedly failed to protect the most vulnerable patients — premature infants.
Can I Still File a Similac NEC Lawsuit in 2026?
Yes. New Similac NEC lawsuits are still being filed. The statute of limitations varies by state, and many states have special rules that extend deadlines for claims involving minors. The filing window may be open even if your baby’s NEC occurred several years ago.
However, these deadlines are real, and waiting too long can mean losing your right to compensation. NICU medical records become harder to obtain over time, and critical evidence can deteriorate. If you believe your baby’s NEC was related to Similac or hospital care, contact an attorney now.
To find out if you qualify, see our detailed guide: Do I Qualify for an NEC Lawsuit?
Frequently Asked Questions About the Similac NEC Lawsuit
What does the Similac verdict history look like?
There is no global settlement yet. The $495 million Missouri jury verdict against Abbott (July 2024) is the largest reported Similac NEC verdict on the public record. Abbott has appealed. These are news facts about one specific case — they do not predict what any other case may or may not recover. Every case is unique, and the only way to understand your family’s situation is a free, confidential case review.
What if my baby was given Enfamil instead of Similac?
Enfamil, manufactured by Mead Johnson (now owned by Reckitt), is also subject to NEC lawsuits. An Illinois jury awarded $60 million in an Enfamil NEC case. The legal claims are similar — the manufacturer knew about the NEC risk and failed to warn. The Alvarez Law Firm handles both Similac and Enfamil NEC cases.
Does it cost anything to speak with a lawyer?
No. The Alvarez Law Firm provides free, confidential NEC case reviews. If we take your case, no fees unless we recover money for you. There is no upfront cost, no hourly billing, and no financial risk to your family.
What if I’m not sure if my baby was given Similac?
Many parents don’t know which formula their baby received in the NICU. That is completely normal — these decisions were often made by hospital staff without detailed explanation. When you contact us, one of the first steps is obtaining your baby’s NICU medical records, which will include the complete feeding history. You do not need this information to start the process.
Your Family Deserves Answers
If your premature baby developed NEC in the NICU, we will investigate every potential cause — Similac, hospital negligence, or both — and fight for maximum compensation.
No Fees Unless We Recover Money for You. Confidential. We respond within 24 hours.