Enfamil NEC Lawsuit Cleared For MDL Trial in July 2026

Bellwether trial will be the first of more than 800 infant formula NEC lawsuits brought in the federal court system against the makers of Enfamil and Similac to go before a jury.

The first federal bellwether trial involving allegations that a premature baby developed necrotizing enterocolitis (NEC) from cow’s milk-based infant formula has been cleared to move forward, focusing on claims that the side effects of Enfamil formula resulted in the death of a newborn only days after birth.

Abbott Laboratories and Mead Johnson currently face nearly 800 Similac NEC lawsuits and Enfamil NEC lawsuits filed nationwide, each involving nearly identical allegations that the manufacturers failed to warn families or the medical community about the risk that preterm newborns may be left with devastating, and sometimes fatal injuries after consuming the popular infant formula products.

NEC occurs when harmful bacteria infiltrate the walls of a newborn’s intestines, causing portions of the tissue to become inflamed or die. Preterm infants carry a much higher risk for the condition because their gastrointestinal tract may not be fully developed. However, studies have found that the use of cow’s milk-based infant formula products, such as Similac or Enfamil, substantially increase the risk.

Treatment for NEC often requires antibiotics or surgery in a hospital neonatal intensive care unit. However, many infants, especially those born prematurely, do not survive NEC, and those who do may be left with lifelong health complications.

Infant Formula Bellwether Trials

For the past several years, all federally filed NEC infant formula lawsuits have been consolidated before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, as part of a federal multidistrict litigation (MDL).

To help manage the large litigation, Judge Pallmeyer has instructed the parties to prepare a series of representative cases for early test trials, known as “bellwether” trials, which will give the parties an opportunity to see how juries weigh arguments and evidence that would be repeated throughout the other claims.

The first federal bellwether trials were originally scheduled to start in April 2025, but following a number of pretrial rulings regarding the sufficiency of plaintiffs’ evidence and testimony, the start of the first trial has been delayed.

Following a status conference late last month, Judge Pallmeyer issued an order (PDF) announcing that the first bellwether trial will now involve an Enfamil lawsuit filed by Alexis Inman, over the death of her son Daniel, which will get underway on July 6, 2026. That trial will then be followed by a Similac lawsuit against Abbott Laboratories, which will begin on August 10, 2026.

The Inman case was officially cleared to proceed to trial when Judge Pallmeyer issued a memorandum opinion and order (PDF) on May 8, rejecting Mead Johnson & Company’s motion for summary judgment in Inman’s lawsuit. However, the court did agree to dismiss its subsidiary, Mead Johnson Nutrition Company, finding that there was insufficient evidence that the unit was involved in the manufacture or sale of the products used.

The next NEC lawsuit to go to trial will involve claims brought by Mary Kelton of California, whose preterm daughter suffered permanent injuries following NEC allegedly caused by Similac. That trial is scheduled to begin on August 10, 2026. Both trials are expected to last about two weeks.

Infant Formula Lawsuit Verdicts

There are numerous additional infant formula NEC lawsuits filed in state courts, some of which have already gone to trial, with many resulting in multi-million dollar verdicts against the manufacturers.

Last month, Abbott was ordered to pay $70 million in compensatory and punitive damages to four mothers who claimed Similac caused their newborns’ NEC. It took the jury only 10 hours to reach a verdict.

It was the third Similac state court lawsuit to go to trial. The first, held in the summer of 2024, ended in a nearly $500 million verdict in Missouri state court. A similar trial, held in the same court in November of that year, ended in a defense verdict. However, that verdict was vacated last year and a new trial ordered, following a judge’s ruling that Abbott repeatedly introduced inadmissible evidence to the jury.

Mead Johnson has not escaped unscathed, being ordered to pay $60 million after a trial in Chicago in 2024.

While none of the outcomes of these cases nor the upcoming bellwether trials will be binding on the other remaining claims, the verdicts and payouts could have significant bearing on any infant formula lawsuit settlement negotiations.

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