NEC Baby Formula Lawsuits: What's New in 2025


The ongoing NEC baby formula litigation is among 2025’s most closely watched mass‑tort legal battles. Parents of premature infants who developed necrotizing enterocolitis—often linked to cow’s milk–based formulas such as Similac (Abbott Laboratories) and Enfamil (Mead Johnson)—have filed more than 740 cases consolidated in federal Multi‑District Litigation (MDL) No. 3026 in the Northern District of Illinois, under Judge Rebecca Pallmeyer’s supervision being a renowned NEC lawyer. 

NEC Lawsuit Recent Updates in 2025

Bellwether Trials Set — May 2025 to Early 2026

Four representative cases have already been selected as Bellwether trials to test out the core issues like causation and warning adequacy. The first trial faced a delay when Judge Pallmeyer dismissed the lead plaintiff days before the purpose of jury selection, by ruling the evidence insufficient.

Despite all of these setbacks, expert testimony that is critical to the plaintiff's claim was hugely preserved, fueling anticipation for the subsequent trial as well.

Causation and Expert Witness Battles

It is the defendants who have aggressively challenged causation evidence. In February 2025, Abbott and Mead Johnson filed a motion for summary judgment, claiming that the plaintiffs lack admissible expert testimony tying the formula to NEC lawsuit recent updates in 2025. However, they even sought to exclude leading expert Dr Jennifer Sucre Via a Daubert motion, though plaintiffs countered by underscoring her NICU experience and NEC-related research.

However, in a pivotal May 2025 ruling, Judge Pallmeyer rejected motions to exclude key experts Dr Logan Spector and Dr. Rebecca Betensky, ensuring their evidence remains in play for the upcoming trial as well. 

State Court Cases and Verdicts

In general, State courts continue to shape the litigation narratives as well. A Saint Clair County, Illinois jury awarded a plaintiff USD 60 million in March 2024, and a USD 495 million verdict followed in Missouri later that summer, with USD 400 million in punitive damages. Another defense verdict in Missouri was vacated in March 2025 due to procedural misconduct; these massive awards underscore plaintiffs' momentum even in state-level venues.

Growing Momentum: Case Count and Strategy

Thus, by June 2025, the MDL had reached around 740 cases, rising to 744 by early July. Furthermore, the modest increase reflects sustained filing activity and growing confidence among plaintiffs' law firms, especially following favorable Daubert rulings. Plaintiffs are carefully evaluating whether state courts might offer procedurally advantageous forums, especially where they can assert individual liability for both sales representatives under state law.

Outlook: Settlements, Strategy & Science

As Bellwether trials commence, defendants commonly face significant pressure to consider global settlements, especially if early jury verdicts do favor plaintiffs.

Even some experts predict that any comprehensive settlement that may emerge in 2026 will depend entirely on initial jury responses in federal court.

As science remains central to the causation arguments, plaintiffs cite studies dating back decades showing that cow's milk-based formula can immediately elevate NEC risk by 100%. 

It is the defendants who counter that factors like prematurity and other comorbidities are to be blamed. Furthermore, it is the internal company document that suggests awareness regarding NEC risks that has further strengthened the plaintiffs' positions. 

Concluding Thoughts

Since the litigation advances, the first bellwether trials are closely watched for how juries evaluate the link between formula use and NEC, alongside allegations of inadequate warnings. The outcome will further influence not just settlements, but also broader FDA oversight and infant formula labeling practices.

 

Location: Winter Park, FL, USA

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