Similac Lawsuit Claims Infant Formula Side Effects Led to Preemie’s Death

Abbott has known for years that its cow’s milk-based formula increased the risk of NEC and death for preemies, yet has refused to warn expecting mothers, plaintiff argues.

A South Carolina mother has filed a Similac lawsuit indicating the cow’s milk-based infant formula caused her prematurely born daughter to suffer necrotizing enterocolitis (NEC), bowel resection and septic shock before dying less than two weeks after being born.

The complaint (PDF) was brought by Brandy Trollinger on behalf of herself and her late daughter, J.R., on October 16, naming Abbott Laboratories, the manufacturer of Similac infant formula products, as the defendant.

Necrotizing enterocolitis is a devastating gastrointestinal condition that occurs when harmful bacteria infiltrate the walls of a newborn’s intestines, leading to portions becoming inflamed or dying. Often, infants who develop the condition require emergency surgery while still in the neonatal intensive care unit (NICU) after birth, and many do not survive the disease.

Trollinger’s wrongful death complaint joins more than 750 similar Similac lawsuits and Enfamil lawsuits that have already been filed in federal courts nationwide, each raising similar allegations that the baby formula manufacturers failed to disclose their products could increase the risk of NEC, after ignoring years of evidence that their cow’s milk-based formulas were inferior to breast milk. 

Trollinger indicates in the lawsuit that she gave birth to J.R. prematurely after only 27 weeks’ gestation, on October 22, 2022. Due to her preterm condition, the hospital fed the infant Similac Human Milk Fortifier Hydrolyzed Protein from October 30 through November 3, 2022, believing it was safe and effective for vulnerable pre-term infants.

By November 4, J.R. had been diagnosed with Stage 3 NEC, suffering severe abdominal distention, a bowel resection, Klebsiella sepsis and septic shock. The following day, the child died.

The lawsuit notes that scientific data has long linked the use of cow’s milk-based infant formula with an increased risk of NEC, particularly for children born prematurely. However, Abbott Laboratories has failed to provide adequate warnings to the labels.

“(S)cientific data and well-researched studies have concluded that the Cow’s Milk-Based Products of the Defendant carried unreasonable risks of NEC and death, which far outweighed the products’ benefits for preterm infants. Despite the foregoing, the Defendant continued to sell and market their defective and/or unreasonably dangerous products to preterm infants.”

– Brandy Trollinger, et al v Abbott Laboratories, et al.

Trollinger argues that Similac was defectively manufactured and designed, which led to her daughter’s death. She presents claims of strict liability, negligence, failure to warn, parental claim for loss of filial consortium, loss of services, and loss of medical expenses, survival actions and wrongful death, seeking both compensatory and punitive damages.

Infant Formula NEC Lawsuits

Trollinger’s claim will be consolidated with other federal infant formula NEC lawsuits in the Northern District of Illinois, where lawsuits brought by families nationwide are pending as part of a multidistrict litigation (MDL) before U.S. District Judge Rebecca R. Pallmeyer, who is overseeing coordinated discovery and pretrial proceedings.

The judge has worked with parties to prepare a group of four NEC infant formula lawsuits, with the first trial expected to begin in August 2026.

These bellwether trials will be closely watched to see how juries respond, which is likely to influence the outcomes of any NEC infant formula lawsuits settlements to resolve the litigation. If no settlement is reached after the bellwether trials, Judge Pallmeyer could start remanding each individual claim back to the U.S. District Courts where it originated for separate trial dates.

In addition to the federal lawsuits, some infant formula NEC claims are also being pursued in state courts, including three that went to trial last year.

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. A third trial last November in Missouri state court ended in a defense verdict.