New Trial Ordered for Premature Infant Formula Lawsuit Over NEC Injuries, After Defense Verdict Overturned

Court found attorneys for the makers of Similac and Enfamil engaged in misconduct, which misled juries in a lawsuit over NEC injuries allegedly caused by the premature infant formula.

A Missouri state court judge has overturned a critical trial win obtained by the makers of Similac and Enfamil late last year, finding that the mother of a premature infant should get another chance to convince a jury that the formula caused her baby to develop necrotizing enterocolitis (NEC) injuries.

The original lawsuit was brought by Elizabeth Whitfield, presenting claims for herself and her premature son, Kaine, who was diagnosed with NEC after being fed Similac and Enfamil formula while still in the hospital following birth. 

Whitfield sought to hold the manufacturers liable for failing to adequately warn families and medical providers about the NEC risks from premature infant formula products, indicating that the devastating intestinal disease left the child with severe and life-long complications, including a shortened bowel, which makes absorbing nutrients more difficult.

The case originally went before a Missouri jury in October 2024, resulting in a defense verdict for the makers of Similac and Enfamil. However, the trial judge has now found that attorneys for Abbott Laboratories and Mead Johnson engaged in misconduct, which misled jurors.

Missouri Circuit Judge Michael Noble overturned the defense verdict last week, and ordered a new trial, in which Whitfield is expected to seek up to $6.2 billion in compensation and punitive damages, according to a report by Reuters.

The court determined that a new trial was needed because the manufacturers’ attorneys violated court instructions, introduced juries to evidence that the court had previously barred, and tried to convince the jury that babies would starve if Similac and Enfamil were pulled from the market.

One Abbott attorney was even sanctioned during the proceedings.

Infant Formula NEC Risks

Whitfield’s lawsuit is being closely watched by hundreds of families now pursuing Similac lawsuits and Enfamil lawsuits over similar NEC injuries suffered by premature infants who were fed the cow’s milk-based formula.

Although the manufacturers have claimed for decades that their products are a safe alternative for premature infants, the lawsuits point to numerous studies published in recent years, which have highlighted the importance of breastfeeding or using human milk products for newborns.

Studies have shown that cow’s milk-based baby formula products do not confer the same benefits as breastfeeding and may increase the risk that premature infants develop NEC, which is a severe gastrointestinal disease that occurs when harmful bacteria breaches the walls of the intestines, causing portions of the tissue to become inflamed or die.

Families now allege that Abbott and Mead Johnson knew or should have known about the premature infant formula NEC injury risks for decades, but provided false and misleading information to increase sales of their products.

March 2025 Federal Infant Formula NEC Lawsuit Update

In addition to state court complaints like the one filed by Whitfield, most of the lawsuits have been brought in the federal court system, where all claims have been centralized as part of an infant formula lawsuit MDL (multidistrict litigation) since 2022.

Given common questions of fact and law raised by families nationwide, the federal litigation is centralized before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, for discovery and a series of early trial dates.

Judge Pallmeyer previously established a “bellwether” program, where a small group of representative claims are being prepared to go before juries, to help evaluate the strengths and weaknesses of the cases, and promote global NEC settlement negotiations.

While the first federal trial has not yet begun, numerous state court lawsuits have already gone before juries. Although Whitfield’s original trial ended in a defense verdict, at least two other juries ordered the premature infant formula manufacturers to pay massive damage awards.

In March 2024, an Illinois jury ordered Mead Johnson to pay $60 million in damages in an Enfamil lawsuit brought by Jasmine Watson. Following over four weeks of testimony, it took the jury only four hours to reach a verdict, awarding $25 million more in damages than Watson’s attorneys had asked for.

In July 2024, a separate jury in St. Louis ordered Abbott Laboratories to pay $495 million in a Similac lawsuit, including a massive punitive damages award intended to punish the manufacturer for disregarding the health and safety of premature infants and families.

While the outcomes of these early trial dates do not have any binding impact on lawsuits being pursued by other families, the average lawsuit payouts may have a substantial impact on the amount that Abbott and Mead Johnson could be required to pay in NEC settlements to avoid hundreds of additional claims going before juries.