Similac Injury Lawsuit Alleges Newborn Developed NEC After Being Fed Cow’s Milk-Based Formula

Multiple trials have led to Abbott and its Mead Johnson competitor being ordered to pay parents hundreds of millions of dollars for NEC-related injuries.

A Florida mother’s product liability lawsuit claims her premature newborn developed necrotizing enterocolitis (NEC) after being fed Similac infant formula shortly after birth.

Jasmine Crawford filed the complaint (PDF) in the U.S. District Court for the Northern District of Illinois on July 9, representing herself and her minor son, identified only as N.A. She presents claims against Abbott Laboratories, the maker of the cow’s milk-based formula.

According to the lawsuit, N.A. suffered bloody stools, gaseous distention and other injuries as a result of being fed Similac formula in the hospital’s neonatal intensive care unit (NICU).

Similac Infant Formula NEC Risks

NEC occurs when dangerous bacteria breach the walls of the intestines, resulting in tissue inflammation and necrosis. While infants, particularly preterm with underdeveloped gastrointestinal systems, already face an increased risk of NEC, a growing body of research indicates that cow’s milk-based formula, like Similac, exacerbates that risk.

As a result, many newborns require emergency surgery that may involve removing damaged portions of the intestine, creating an ostomy or making other major alterations to the digestive tract. Even with aggressive treatment, NEC can lead to lifelong nutritional, developmental and gastrointestinal complications, and some infants do not survive.

Due to these risks, a series of infant formula NEC lawsuits have been filed against Abbott Laboratories and its competitor Mead Johnson, the makers of Enfamil. Each plaintiff alleges nearly identical claims, indicating manufacturers placed the safety of newborns below their desire for profits.

Similac NEC Allegations

The lawsuit indicates N.A. was born in 2024 at only 30 weeks of development and was immediately placed in NICU for treatment.

In July 2024, the hospital began feeding N.A. Similac Human Milk Fortifier. By July 13, he was diagnosed with NEC.

“At the time he was diagnosed with and treated for NEC, N.A.’s parents were unaware of the fact that the Defendant’s Cow Milk-Based Products he was fed caused or substantially contributed to his development of NEC and the resulting injuries.”

– Jasmine Crawford v. Abbott Laboratories

The lawsuit notes that there is a long history of scientific evidence warning of the dangers of giving newborns cow’s milk-based infant formula. Some of these studies date back to 1990, when a multicenter study revealed that infants fed formula were six to 10 times more likely to develop NEC than infants who were fed breast milk alone, and three times more likely than those fed a mix of breast milk and formula.

In 2011, the U.S. Surgeon General issued a warning that feeding newborns infant formula was linked to a higher rate of NEC, calling for increased support of breast feeding. The warning indicated that, overall, premature infants who were not breast-fed face a 138% increased risk of the potentially deadly condition.

As evidence increased, Crawford’s lawsuit alleges that Abbott began heavily promoting its cow’s milk-based products as “human milk fortifiers,” which she says was meant to mislead consumers into thinking they are buying a product derived from human milk.

The lawsuit presents claims of strict liability, negligent design, negligence, breach of warranty, fraudulent concealment, fraudulent/intentional misrepresentation, negligent misrepresentation, strict product liability misrepresentation and failure to warn. Crawford seeks damages for past, present and future emotional distress, loss of enjoyment of life, pain and suffering, mental anguish and loss of consortium.

NEC Infant Formula Lawsuits

Crawford’s complaint joins hundreds of NEC infant formula lawsuits against Abbott and Mead Johnson filed in federal and state courts nationwide. The federal claims, like hers, are being consolidated for coordinated discovery and pretrial proceedings as part of a multidistrict litigation (MDL) in the Northern District of Illinois being overseen by U.S. District Judge Rebecca Pallmeyer.

Judge Pallmeyer intends to hold a series of bellwether trials involving cases that are representative of the litigation as a whole, which will give lawyers a sense of how juries will respond to evidence and testimony common to all of the litigation.

The first federal trial began on July 6, with a lawsuit filed by Alexis Inman. A second trial is scheduled to start on August 10, focusing on claims brought by Mary Kelton.

These follow several trials already held at the state level, including a 2024 trial in Missouri that led a jury to order Abbott to pay nearly $500 million to a woman whose daughter suffered brain damage due to NEC. In that same year, another Missouri case initially ended in a defense verdict. However, the judge ordered a new trial after finding Abbott improperly introduced certain evidence.

At the state level, a Cook County, Illinois, jury handed down a $70 million verdict in a Similac lawsuit in April, and another Cook County jury returned a $60 million verdict against Mead Johnson in a lawsuit involving Enfamil formula. However, an appeals court threw out that verdict on June 12 and ordered a new trial.

Although the outcomes of these bellwether trials are not binding on other cases, the results are being carefully watched due to the chance they could contribute to a future Similac infant formula NEC settlement agreement. If the litigation is not resolved by the end of the bellwether trials or pretrial proceedings, Judge Pallmeyer is likely to begin remanding cases back to their originating federal district for individual trial dates.

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