In recent years or so, the most talked about legal battles in the United States have been the ongoing litigation related to infant formula and deadly cases of necrotizing enterocolitis (NEC) within the premature babies.
Therefore, at the center of this legal saga are lawsuits alleging that popular cow’s milk-based formulas do increase the risk of NEC within vulnerable infants, the claims collectively referred to as the nec formula lawsuit. As reported, around March 2024, USD 60 million was awarded in the Illinois state court.
According to the expert attorneys at People For Law, as litigation unfolds across several courts, families, attorneys, and the public are closely watching the latest news on payouts, settlements, and trial outcomes in 2026.
What Is the NEC Formula Lawsuit?
The nec formula lawsuit consists of hundreds of individual claims brought by parents on behalf of premature infants who developed necrotizing enterocolitis just after consuming cow’s milk-based baby formulas such as Similac and Enfamil.
The following lawsuits asserts that manufacturers like Abbott Laboratories and Mead Johnson Nutrition failed to adequately disclose the risks associated with their products, especially for very low birthweight and preterm babies.
Furthermore, the litigation hasn’t been treated as a traditional class action; cases are consolidated in federal multidistrict litigation (MDL) to coordinate both discovery and pretrial proceedings, while still enabling individual claims to proceed entirely based on their unique circumstances.
Recent Trial Verdicts and Payouts
Although there has not yet been a global settlement that covers all NEC formula cases, several high-profile jury verdicts and court decisions have already shaped expectations for future payouts.
In Florida state courts, juries have already awarded significant damages to families. For instance, in 2024, a Missouri jury ordered Abbott to pay USD 495 million in a wrongful death case related to NEC, and an Illinois jury later awarded another USD 60 million in a separate claim.
A state judge in Connecticut awarded nearly USD 32 million to the parents of a premature baby who died after being rapidly fed cow’s milk-based formula, highlighting that some instances continues to reach substantial verdicts even as late into 2025.
Furthermore, these verdicts have signaled to both plaintiffs and defense attorneys that juries might be willing to award significant damages for NEC-related injuries and deaths. While these individual awards are not the same as a nationwide settlement, they do influence broader negotiations and potential payout frameworks in MDLs.
| Year | Location | Defendant | Case Type | Verdict / Payout | Key Details |
|---|---|---|---|---|---|
| 2024 | Missouri | Abbott | Wrongful Death (NEC) | USD 495 million | Jury found Abbott liable in a case involving a premature infant who developed NEC after being fed cow’s milk-based formula. |
| 2024 | Illinois | Abbott | NEC Injury Claim | USD 60 million | Jury awarded damages to a family alleging harm linked to cow’s milk-based infant formula. |
| 2025 | Connecticut | Formula Manufacturer | Wrongful Death (NEC) | Nearly USD 32 million | State judge awarded damages to parents of a premature baby who died after rapid feeding of cow’s milk-based formula. |
Bellwether Trials and Future Court Dates
To test how juries respond to critical evidence in NEC formula cases, federal courts have selected numerous bellwether trials designed to establish benchmarks for future claims.
The second wave of these bellwether trials is scheduled to begin in August 2026, with additional cases set for later in the year.
Bellwether cases are essential as they help both sides to definitely gauge potential settlement values and clarify the strengths and weaknesses of the evidence. Early outcomes from these trials could influence whether defendants opt for negotiated resolutions or continue to litigate individual cases.
On November 3, 2025, the number of active baby formula lawsuits dipped slightly.
At the start of November, 755 baby formula lawsuits are already active in the federal court. It is a modest drop of 6 cases from this time last month. The path forward for these cases in federal court remains a bit rocky after Abott soon won the first three bellwether trials on summary judgment, but more cases have already been scheduled to go to trial in 2026.
November 10, 2025: Why the Next Baby Formula Bellwether Trial Will Be Unique
Abbott did secured summary judgment victories in three baby formula bellwether cases. As preparations begin for the second wave of bellwether trials expected in late 2026, a single case from the initial group remains unresolved.
Just like the others, this remaining case is the first federal bellwether involving Mead Johnson’s Enfamil formula. The case will also serve as a significant test for plaintiffs alleging that Enfamil causes NEC in premature infants.
If the case survives summary judgment, the trial is likely to begin early next year.
This is a modest drop of 6 cases from a month ago. The path forward for these cases in federal court remains a bit rocky after Abbott won the first three bellwether trials on summary judgment, but most cases have scheduled to go to trial in 2026 and 2027.
December 4, 2025: New Baby Formula Lawsuits Filed in Federal Court
Last month, 19 new cases were added to the MDL, bringing the total to 774. The last case from the initial bellwether is still unresolved, and there have been no significant updates.
NEC Lawsuit Settlement Possibilities and Industry Impact
As of early 2026, there certainly exists no confirmed global settlement agreement for all NEC formula lawsuits. While the legal analyst and industry observers believe that the continued momentum of significant verdicts and upcoming bellwether results will push manufacturers towards broader settlement negotiations.
Payout amounts in potential settlements remain absolutely speculative, but past verdicts and expert projections suggest that individual case awards do range widely depending on damages and legal strategy.
What This Means for Families and Claimants?
A family affected by NEC and those already considering legal action, staying well-informed on developments in 2025 and 2026 is critical. Those who believe their child’s NEC resulted from formula exposure should gather medical documentation and consult experienced attorneys familiar with MDL proceedings.
The changing legal landscape does include bellwether trial outcomes and settlement discussions, which will shape the future of NEC litigation. As a result, plaintiffs and legal professionals from People For Law are closely watching as the courts continue to sharpen their approach to these complex and emotionally charged cases.
For full NEC lawsuit updates of 2025, do stay tuned to trusted legal news sources and MDL tracking platforms of People For Law.
