Mass tort lawsuit · Checked on November 3, 2026

NEC baby formula lawsuit (Similac, Enfamil): status November 2026

Yes, the NEC baby formula lawsuit is active, but recent results have been mixed. About 847 lawsuits were pending in federal MDL 3026 on November 2, 2026. Families allege that cow's milk based formula given to premature babies caused necrotizing enterocolitis (NEC). The first federal bellwether jury trial ended in a defense verdict in August 2026 (reported).

Key facts from court records
CaseMDL 3026
CourtU.S. District Court, Northern District of Illinois
JudgeRebecca R. Pallmeyer
Pending cases847 (as of November 2, 2026)
StageBellwether trials; recent federal results favored the defendants
New casesLaw firms appear to be reviewing new cases
Next scheduled dateNone announced in the records we checked
Last checkedNovember 3, 2026
Pending cases by JPML report datePending cases in the NEC baby formula lawsuit, by report: October 1, 2026: 844; November 2, 2026: 847.October 1, 2026: 844844October 1 2026November 2, 2026: 847847November 2 2026
Pending cases by JPML report date. All case counts and CSV

What plaintiffs allege

Plaintiffs allege that Abbott (Similac) and Mead Johnson (Enfamil) cow's milk based formulas and fortifiers for premature infants increased the risk of NEC and that hospitals and parents were not warned. The companies deny the claims.

Where the case stands

Settlement status

On August 20, 2026 Abbott agreed to pay about $670 million to settle one Missouri verdict and the claims of about 2,000 other infants. Abbott called it a settlement of a portion of its litigation; about 1,700 lawsuits involving about 12,700 infants remain (verified, Abbott Form 8-K). Mead Johnson (Enfamil) cases are not part of it (reported). We do not estimate individual payments.

Updates

Newest first. Each entry says whether we read the record ourselves (verified) or it comes from coverage (reported).

What law firms commonly ask callers

Law firms reviewing these cases usually ask about the following. This is general information, not an assessment of any claim:

Questions

Is the NEC baby formula lawsuit real?

Yes. The U.S. Judicial Panel on Multidistrict Litigation listed 847 pending cases in MDL 3026 as of November 2, 2026 (verified). A pending case is a claim filed in court, not a finding that the claim is true.

When will the NEC baby formula lawsuit settle?

Nobody can predict when or whether a mass tort will settle. What has been disclosed so far: On August 20, 2026 Abbott agreed to pay about $670 million to settle one Missouri verdict and the claims of about 2,000 other infants. Abbott called it a settlement of a portion of its litigation; about 1,700 lawsuits involving about 12,700 infants remain (verified, Abbott Form 8-K). Mead Johnson (Enfamil) cases are not part of it (reported). We do not estimate individual payments.

Can baby formula cause NEC?

That is what the lawsuits allege, and the companies deny it. No court has made a final decision on that question. For medical questions, talk to your doctor.

Does NEC affect full-term babies in these cases?

The lawsuits focus on premature infants fed cow's milk based products in hospital care.

Sources

Verified means we read the court, agency or company record ourselves on the check date. Reported means the fact comes from news or law firm coverage and could not be confirmed on a primary record.