Mead Johnson Lawsuit Over Enfamil NEC Risks Results in Defense Verdict

Infant formula manufacturers have seen mixed results in NEC lawsuits that have gone to trial in state courts.

A federal jury in Chicago has determined Mead Johnson was not liable for the death of a newborn who was fed the company’s infant formula before dying of necrotizing enterocolitis (NEC), in the first in a series of scheduled bellwether trials.

Mead Johnson, the maker of Enfamil, and Abbott Laboratories, which makes Similac, face nearly 850 combined Enfamil NEC lawsuits and Similac NEC lawsuits filed in federal courts nationwide. Plaintiffs, often parents, argue that preterm infants were fed specialized formula products designed to meet their nutritional needs without medical professionals or parents being warned that the cow’s milk-based products may increase the risk of the potentially deadly condition.

When a newborn develops NEC, it means that harmful bacteria has infiltrated and attacked the infant’s intestinal walls. This can cause necrosis (tissue death) in the intestines, severe health complications and death. Preterm newborns are particularly susceptible due to their often under-developed gastrointestinal system.

Treatment is undertaken through the use of harsh antibiotics and/or surgery, sometimes requiring removal of parts of the newborns gastrointestinal tract, potentially causing life-long health problems and the need for ongoing medical treatment.

For years, health studies have linked the use of cow’s milk in infant formulas like Enfamil and Similac to a substantially increased risk of NEC, with many researchers urging hospitals and parents to rely on breast milk or human donor milk as much as possible. Despite the warnings, plaintiffs note that the manufacturers have continued to market cow’s milk-based formula to hospitals worldwide.

NEC Lawsuit Bellwether Trials

Due to common issues of fact and law, all federal Enfamil and Similac NEC lawsuits have been consolidated as part of a multidistrict litigation (MDL) in the Northern District of Illinois before U.S. District Judge Rebecca Pallmeyer, who has spent the last several years overseeing coordinated discovery and preparing representative claims for early test trials.

These “bellwether” trials are intended to give the parties insight into how juries may respond to evidence, expert testimony and arguments that are likely to be repeated throughout the federal litigation. Although the outcomes are not binding on other lawsuits, they may help guide future settlement negotiations and determine how the remaining federal claims move forward.

The first federal bellwether trial involved allegations that Enfamil Premature Formula caused an infant to develop NEC and die. The Enfamil NEC lawsuit bellwether trial began in Chicago on August 17.

Following the trial, the jury returned a defense verdict on Monday, finding that Mead Johnson should not be held liable. The decision came after about two hours of deliberation.

The verdict follows Judge Pallmeyer’s dismissal of three earlier bellwether claims involving Abbott, after the court excluded key expert testimony and granted summary judgment in favor of the manufacturer.

As a result, the federal MDL has so far produced outcomes favorable to the manufacturers. However, those results stand in contrast to a number of state-court NEC trials, where juries have reached substantially different conclusions.

State Court NEC Lawsuit Verdicts

Outside of the federal MDL, Similac and Enfamil NEC lawsuits have also proceeded independently in state courts. Those cases are not part of Judge Pallmeyer’s bellwether process and do not directly determine the outcome of federal claims, but the verdicts provide another indication of how juries have responded to similar allegations involving premature infant formula and NEC.

In 2024, a Missouri jury ordered Abbott to pay nearly $500 million in a case involving allegations that Similac caused an infant to develop NEC and suffer severe brain damage. Another Missouri trial that year initially resulted in a defense verdict, but the judge later ordered a new trial after finding Abbott improperly introduced certain evidence.

In April 2026, a Cook County, Illinois, jury returned a $70 million verdict in a Similac NEC lawsuit. Another Cook County jury awarded $60 million in an Enfamil case, although an appeals court overturned that verdict on June 12 and ordered a new trial.

The mixed results between the federal MDL and state-court trials are being closely watched as Abbott and Mead Johnson evaluate their potential exposure across the litigation. If the federal proceedings do not lead to a settlement or other resolution following the bellwether process, Judge Pallmeyer may eventually begin remanding unresolved lawsuits back to their originating federal districts for individual trial dates.

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