Research has strongly linked cow’s milk-based baby formulas with necrotizing enterocolitis (NEC) in premature babies. NEC is a severe intestinal disease that could lead to necrosis, bowel perforation, and death. Reports of baby formula linked to necrotizing enterocolitis have led to parents taking legal action against formula manufacturers, with some cases resulting in significant settlements and verdicts.
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If your child consumed cow’s milk-based baby formula and was diagnosed with NEC, call the Chicago mass tort lawyers at Ankin Law at 312-600-0000 for a free case evaluation.
What Parents Need to Know About NEC and Baby Formula Products
Necrotizing enterocolitis is a deadly disease characterized by severe inflammation in the intestines. It mostly affects premature babies. As NEC progresses, it could lead to a hole developing in the intestinal wall. This could cause sepsis and even death. The disorder has a 15% to 40% fatality rate. Treatment often requires surgery to remove the infected portions. Surgical intervention could lead to serious long-term consequences, such as chronic digestive problems and short bowel syndrome.
Hundreds of parents across the country whose premature babies developed NEC after being fed cow’s milk baby formula products have filed lawsuits against manufacturers Mead Johnson & Company and Abbott Laboratories. The lawsuits claim the cow’s milk caused the babies to develop NEC, and the formula makers failed to warn parents of baby formula NEC risks despite scientific evidence of links between NEC and the products.
What baby formula causes NEC? The cow’s milk-based baby formula linked to necrotizing enterocolitis that have been named in the lawsuits includes a number of products under the Similac and Enfamil brand names. Abbott manufactures Similac products, and Mead Johnson manufactures Enfamil products.
In April 2022, the pending NEC infant formula lawsuits were consolidated into multidistrict litigation (MDL) in the Northern District of Illinois. MDLs are often confused with class action lawsuits. That could leave you wondering, “What’s a class action lawsuit, and how does it differ from MDLs?”
While both MDLs and class action lawsuits involve many plaintiffs who’ve suffered similar damages from the same defendant, MDL cases maintain their individuality. Case outcomes can vary in MDLs based on the merit of each case, whereas the outcome in a class action lawsuit applies to all members of the class. In an MDL, compensation is awarded based on the unique circumstances of each case. Compensation awarded in class action lawsuits is divided among all claimants.
The first NEC lawsuit that went to trial for the manufacturer’s failure to warn ended with an Illinois state court jury awarding plaintiffs $60 million in March 2024. As of June 2025, over 700 NEC baby formula cases are pending in federal courts. A mass torts lawyer can explain to you the legal process, including how mass torts like MDLs work, and help you determine the best legal option for your NEC case.
How Is Baby Formula Linked to Necrotizing Enterocolitis?
As early as 1990, a study of 926 premature babies found NEC occurred six to 10 times more commonly in exclusively formula-fed infants than in those who received breast milk alone. A study published in the April 2010 issue of The Journal of Pediatrics found that exclusively human milk-fed premature babies were 90% less likely to develop surgical NEC than those whose diet contained cow’s milk-based products. The U.S. Surgeon General published a report in 2011 that stated premature babies were 138% more likely to develop NEC if not breastfed.
In a study that was published in January 2017, cow’s milk-based infant formula was associated with a higher risk of NEC in premature infants than human milk. The study quotes U.S. data from 2011 and 2012 that indicates the average health care costs of NEC to be $180,000 to $198,000 per infant and over $300,000 for severe cases where surgical management was required. These add to the already costly baby-related expenses, such as the $16,107 average annual cost of infant care in Illinois. A 2022 study found that different preterm formulas caused varying injuries to the gut of baby mice.
These are just some of the multiple studies that have shown premature babies fed bovine-based infant formula to be at a greater risk of developing NEC.
Why Premature Infants Face Higher Risks from Certain Formulas
Doctors and researchers don’t know the exact cause of NEC or the high baby formula NEC risks. Nevertheless, research has clearly shown breast milk to be protective against the disease compared to formula feeding. Researchers have hypothesized that substances in breast milk may protect a premature baby’s intestines, helping prevent NEC. Cow’s milk lacks these substances, which may allow the growth of harmful organisms and inflammation. Breast milk contains essential nutrients, enzymes, and antibodies that can be lifesavers for premature babies who have underdeveloped guts and immune systems.
Bovine milk formulas may also be challenging for the preterm baby’s immature gut to digest. The stress on the underdeveloped intestines could lead to inflammation, contributing to NEC development. The formulas may also increase the likelihood of bacterial growth. The underdeveloped immune system’s inability to effectively combat the growth of bacteria may make premature infants more vulnerable to NEC.
How a Baby Formula Lawyer Can Help Families Seek Justice in Chicago
If your child developed NEC after using baby formula, the big question is, should you file an NEC baby formula lawsuit? A baby formula attorney can help. When you consult an attorney, he or she will review your case to determine whether you’re eligible to take legal action.
A baby formula lawyer will investigate your case and gather and review medical records to understand your baby’s issues. If you’re unsure whether medical staff fed your premature baby bovine-based infant formulas, a lawyer can help you find the documentation to show that the hospital staff gave your child these formulas. Your lawyer will gather all the necessary evidence to support your claim, including your child’s feeding history, expert testimonies, and documents showing the expenses and other costs incurred due to your child’s treatments. Your lawyer will accurately calculate your damages to ensure you fight for the full amount of compensation you’re entitled to from the liable parties.
Once your lawyer compiles all the evidence, he or she will handle the subsequent legal processes for you, including formally filing the NEC baby formula lawsuit in the appropriate court, communicating with the defendants, negotiating for maximum compensation, and representing you in court. Having a baby formula lawyer handling your lawsuit makes the whole process much easier for you and your family.
At Ankin Law, we’re more than qualified to take on infant formula companies, with over 100 years of combined experience standing up to local and multinational corporate giants. We’ve recovered hundreds of millions of dollars for our clients. Start your claim by contacting us to schedule your free consultation in Chicago.
