As NEC preterm infant formula lawsuits continue into 2026, parents are increasingly seeking answers about whether feeding decisions contributed to their child’s diagnosis.
Necrotizing enterocolitis (NEC) remains one of the most serious and life-threatening conditions affecting premature infants in the United States. The gastrointestinal disease, which primarily affects babies born before 37 weeks, is a leading cause of death among preterm newborns and carries a mortality rate estimated between 25% and 50%.
While researchers have not identified a single definitive cause of NEC, decades of medical literature have consistently pointed to premature infants fed cow’s milk–based baby formula facing a significantly higher risk of developing NEC than those fed human breast milk. This body of research has fueled growing legal scrutiny of infant formula manufacturers and prompted hundreds of NEC preterm baby formula lawsuits nationwide.
Research Linking Cow’s Milk Formula to NEC
Most NEC lawsuits focus on specific preterm infant products manufactured by Abbott Laboratories (Similac) and Mead Johnson (Enfamil), which together control a large share of the U.S. infant formula market.
Parents allege that these companies promoted cow’s milk–based formulas as safe for premature infants despite long-standing medical evidence suggesting an elevated risk of NEC. Studies dating back to the 1990s identified a strong association between bovine-based formulas and NEC, and more recent research has reinforced those findings.
Families bringing claims argue that adequate warnings about the risk of NEC were not provided to parents or medical professionals, limiting their ability to make informed feeding decisions during critical early stages of neonatal care.
Rising Litigation and Significant NEC Baby Formula Verdicts
As awareness of the research has grown, so has litigation. NEC baby formula cases are being filed in both state and federal courts, with many consolidated into multidistrict litigation (MDL) to streamline pretrial proceedings.
As of January 2026, the federal NEC baby formula MDL includes more than 760 pending cases, with additional lawsuits continuing to emerge. Several high-profile state court trials have already resulted in major verdicts. In 2024, juries awarded $60 million and $495 million to families whose premature infants developed NEC after being fed cow’s milk–based formula.
While individual case outcomes vary and verdicts are never guaranteed, these results have drawn national attention to the allegations against formula manufacturers and the potential long-term consequences for affected children.
The Financial and Emotional Toll on Families
Each year, approximately 3.7 million babies are born in the U.S., and more than 10% are premature. These infants are particularly vulnerable to complications such as NEC, which often requires emergency surgery, extended stays in neonatal intensive care units, and long-term medical monitoring.
The financial impact can be substantial. A single day in a NICU can cost thousands of dollars, and children who survive NEC may face lifelong challenges, including short bowel syndrome, nutritional deficiencies, recurring infections, and developmental delays. Parents often experience lost income as they navigate prolonged hospitalizations and ongoing care.
Why Families Should Seek Legal Guidance for NEC Cases
NEC preterm baby formula lawsuits are complex product liability claims that rely heavily on medical records, expert testimony, and scientific research. Attorneys handling these cases must demonstrate not only the child’s diagnosis and damages, but also that the manufacturers knew, or should have known, about the risks associated with their products.
For many families, consulting an NEC baby formula lawyer is about understanding their options, particularly as medical expenses mount and long-term care needs become clearer.
As NEC litigation continues to evolve, families of affected infants are encouraged to stay informed about ongoing court developments and emerging research. Parents whose children were diagnosed with NEC after being fed cow’s milk–based formula may have legal options depending on the circumstances of their case.
Our firm represents families nationwide in NEC baby formula claims. We will continue to monitor developments in the litigation as additional cases move through the courts.
Related: Parents Get Another Shot at Justice in NEC Preterm Infant Formula Case
