Abbott Laboratories has agreed to pay $670 million to resolve lawsuits alleging its cow’s-milk-based infant formulas, including Similac products designed for premature babies, increased the risk of a life-threatening bowel disease called necrotizing enterocolitis (NEC). The August 2026 settlement resolves claims involving roughly 2,000 infants, but for Illinois families, it is important to understand what this settlement does, and does not, mean for a new or pending claim.
What the Settlement Covers, and What It Doesn’t
The $670 million settlement is a compromise of disputed claims, and Abbott has not admitted liability or wrongdoing as part of the deal. Just as importantly, this settlement does not end the litigation. According to court filings and public reporting, roughly 1,700 lawsuits covering claims on behalf of an additional 12,700 infants remain active, and more than 800 cases are still pending in the coordinated federal litigation, In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation (MDL No. 3026), before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, according to the official U.S. Judicial Panel on Multidistrict Litigation case report.
In other words: if your family has not yet filed a claim, the door has not closed. This settlement resolved one large group of cases; it did not resolve the underlying litigation. (Note: this NEC litigation is separate from a different, largely-resolved case involving Abbott’s 2022 Similac formula recall over bacterial contamination, the two involve different allegations and different infants.)
What Is Necrotizing Enterocolitis (NEC)?
NEC is a serious, sometimes fatal intestinal disease that primarily affects premature infants, particularly those fed formula rather than human breast milk. It causes inflammation that can damage or destroy intestinal tissue, sometimes requiring emergency surgery, and it carries a real risk of death in severe cases. Families whose premature infants developed NEC after being fed Similac or Enfamil-brand cow’s-milk-based formulas in the neonatal intensive care unit (NICU) may have grounds for a claim.
The Allegations Against Abbott and Mead Johnson
The lawsuits allege that Abbott Laboratories (maker of Similac) and Mead Johnson (maker of Enfamil) knew, or should have known, that cow’s-milk-based formula significantly increases the risk of NEC in premature infants compared to human milk or specialized formula, but failed to adequately warn parents and hospital staff about that risk. Earlier trials in this litigation produced substantial verdicts even before the recent settlement, including a $60 million jury verdict in the first trial to reach a verdict on these claims, and a $495 million verdict against Abbott in a separate case, which included a large punitive damages award. Those verdicts are being appealed and do not guarantee the outcome of any other case, but they reflect how juries have viewed the evidence presented so far.
Why This Case Is in Chicago
The NEC formula litigation, like several other major product liability cases, has been consolidated before a single federal judge in the Northern District of Illinois for coordinated pretrial proceedings. That means the discovery disputes, expert testimony fights, and major rulings shaping this litigation are happening in Chicago’s federal courthouse, even though the babies and families affected live all over the country, including right here in Illinois, where major NICUs at hospitals like Northwestern Memorial, Lurie Children’s, Rush, and UChicago Medicine treat premature infants every day.
Illinois Families: What to Do If Your Baby Developed NEC
If your premature infant was fed Similac or Enfamil formula in the NICU and later developed NEC, whether your child recovered, required surgery, or did not survive, you may have an independent claim regardless of the recent Abbott settlement. Illinois recognizes both personal injury claims for surviving children and wrongful death claims for families who lost an infant to NEC.
Frequently Asked Questions
Does the $670 million settlement mean the case is over?
No. It resolves claims for about 2,000 infants specifically. More than 1,700 additional lawsuits, and hundreds of cases still pending in the federal court in Chicago, remain unresolved.
My baby was fed both breast milk and formula. Can I still file a claim?
Possibly. These cases are evaluated based on the specific facts of feeding history, diagnosis, and medical records, not a strict formula-only rule. An attorney can review your child’s NICU records to assess whether a claim is viable.
What if my child passed away from NEC?
Illinois wrongful death law allows certain family members to bring a claim on behalf of a child who died from injuries caused by another party’s conduct, including, potentially, a manufacturer’s failure to warn.
Is there a deadline to file?
Yes. Deadlines vary depending on the specific facts of your case, including your child’s age and the date of diagnosis. Because this is an active, evolving litigation, it’s important not to wait to have your situation reviewed.
Talk to an Illinois NEC Formula Attorney
If your premature infant developed necrotizing enterocolitis after being fed Similac or Enfamil formula, the mass tort attorneys at Phillips Law Offices can review your medical records and explain whether you may have an independent claim, separate from Abbott’s recent settlement, at no cost to you. Call (312) 346-4262 or contact us online to get started.
