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Toxic Baby Formula Lawsuit

Parents trust hospitals and infant formula manufacturers to provide products that are safe for newborns. If your baby was born preterm before 37 weeks, was fed cow’s milk-based formula or fortifier, and developed necrotizing enterocolitis (NEC), your family may have legal options. Morgan & Morgan is investigating claims nationwide.

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Dan Morgan
“The Fee is Free unless you win.”
Dan Morgan Managing Partner

The attorney shown above may not be licensed in your state. To find an attorney licensed in your area, please visit our attorney page.

    Meet Our Baby Formula/NEC Lawsuit Attorneys

    Morgan & Morgan attorneys can investigate an infant’s medical records, identify potentially relevant products, and consult with medical experts to determine whether manufacturers provided adequate warnings about serious health risks. Backed by the resources of America’s Largest Injury Law Firm, we can pursue complex product liability claims on behalf of families nationwide.

    The attorneys shown in these photos may not be licensed in your state. To find an attorney licensed in your area, please visit our attorney page.

    Baby Formula/NEC Lawsuit at a Glance

    Cow’s Milk-Based Formula and NEC

    Lawsuits involving Similac and Enfamil allege that cow’s milk-based premature infant formulas and fortifiers can increase the risk of NEC in vulnerable newborns compared with breast milk or donor breast milk.

    Alleged Failure to Warn

    Parents claim Abbott Laboratories and Mead Johnson failed to provide adequate warnings about the potential NEC risk associated with their cow’s milk-based products, preventing families and healthcare providers from making fully informed feeding decisions.

    Serious and Potentially Life-Threatening Complications

    NEC can severely damage an infant’s intestines and may lead to infection, sepsis, additional hospitalization, surgery, long-term digestive problems, or death.

    Products Remain Available

    The products involved in NEC litigation have not been subject to an FDA recall specifically because of the alleged NEC risk, and premature infant formulas and fortifiers manufactured by Abbott and Mead Johnson continue to be marketed.

    What Is the Baby Formula/NEC Risk?

    Premature and low-birth-weight infants may receive specialized formula or breastmilk fortifiers while being cared for in a neonatal intensive care unit (NICU). Products manufactured by Abbott Laboratories and Mead Johnson include cow’s milk-based formulas and fortifiers designed to provide additional nutrition to vulnerable newborns.

    Lawsuits allege that certain Similac and Enfamil products increased the risk of necrotizing enterocolitis, or NEC, in newborns and that manufacturers failed to adequately warn parents and healthcare providers about the alleged risk.

    NEC is a serious gastrointestinal disease that causes inflammation and damage to intestinal tissue. In severe cases, the intestinal wall may become damaged enough to allow bacteria to enter the bloodstream, potentially causing sepsis and other life-threatening complications.

    Families whose children developed NEC after receiving cow’s milk-based infant formula or fortifier are now pursuing claims against the manufacturers of these products.

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    Do I Have a Case?

    NEC After Receiving Formula in the Hospital

    Your baby was fed cow’s milk-based formula or fortifier while hospitalized and was later diagnosed with necrotizing enterocolitis.

    Similac or Enfamil Exposure

    Medical records show your child received a Similac or Enfamil premature infant formula, fortifier, or another potentially qualifying cow’s milk-based product.

    Premature or Low-Birth-Weight Birth

    Babies born prematurely are particularly vulnerable to NEC. Infants born before 37 weeks and weighing less than approximately 5 pounds may face especially serious risks.

    Surgery or Serious Medical Complications

    Your child required surgery, prolonged hospitalization, treatment for sepsis, or other medical care after developing NEC.

    Death Following NEC

    Some cases of NEC are fatal. Families who lost a child after an NEC diagnosis may be able to pursue a wrongful death claim.

    Unsure Which Formula Your Baby Received?

    You may still be able to pursue a claim even if you do not remember the specific formula or fortifier used. Medical and hospital records may contain information about what your child was fed.

    Products Involved in Baby Formula/NEC Lawsuits:

    In Their Words

    Real clients share their experience.

    When it came to negotiating, they didn't just settle for anything. They definitely went to the bat for me.

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    They took care of me, and now we're doing okay. Thank God that I went to Morgan & Morgan.

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    The company handled absolutely everything from start to finish.

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    Results may vary depending on your particular facts and legal circumstances.
    Based on select nationwide reviews.
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    Unsure Which Formula Your Baby Received?

    You may still be able to pursue a claim even if you do not remember the specific formula or fortifier used. Medical and hospital records may contain information about what your child was fed.

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    Results may vary depending on your particular facts and legal circumstances.

    Ways We Can Help

    Medical Expenses

    Compensation may include NICU care, hospitalization, medications, testing, specialist treatment, and other medical expenses associated with NEC.

    Surgical Treatment

    Severe intestinal damage may require emergency surgery and additional medical procedures.

    Future Medical Care

    Children who survive serious NEC may require ongoing treatment, monitoring, rehabilitation, or specialized medical care.

    Pain and Suffering

    A claim may seek compensation for the physical pain and suffering caused by NEC and its complications.

    Long-Term Health Effects

    Some NEC survivors experience lasting digestive problems and other complications that may affect their health and quality of life.

    Wrongful Death

    When NEC results in the death of an infant, surviving family members may be able to pursue compensation through a wrongful death claim.

    Common Injuries and Diagnoses Associated With NEC

    Necrotizing Enterocolitis

    NEC causes inflammation and injury to intestinal tissue and can range from a treatable condition to a life-threatening medical emergency.

    Severe Intestinal Damage

    As NEC progresses, portions of the intestinal wall may become severely damaged, sometimes requiring surgical treatment.

    Sepsis

    Damage to the intestinal wall may allow bacteria to enter the bloodstream, potentially causing a dangerous systemic infection known as sepsis.

    Surgery and Removal of Damaged Intestine

    Severe cases of NEC may require surgeons to remove damaged portions of the intestine to prevent further complications.

    Long-Term Digestive Problems

    Infants who survive NEC may experience continuing gastrointestinal or nutritional problems requiring additional treatment and medical monitoring.

    Multiple Organ and Neurological Compromise

    NEC can cause other systemic complications such as liver damage, Cerebral Palsy, cognitive and learning deficits, blindness, and hearing loss.

    Death

    The most severe cases of NEC can be fatal, leaving families to cope with the loss of a child after what may already have been a difficult neonatal hospitalization.
    FAQ
    Reviewed by Jennifer Tabuas, Trial Attorney at Morgan & Morgan, on August 12, 2026.
    • What is necrotizing enterocolitis?

      Necrotizing enterocolitis, commonly called NEC, is a serious gastrointestinal disease that primarily affects premature newborn infants. It causes inflammation and damage to the intestinal lining and, in severe cases, can damage the intestinal wall and allow bacteria to enter the bloodstream.

      NEC can require intensive medical treatment and surgery and may result in long-term complications or death.

    • What baby formulas are involved in NEC lawsuits?

      Claims have involved cow’s milk-based premature infant formulas and fortifiers manufactured by Abbott Laboratories under the Similac brand and Mead Johnson under the Enfamil brand.

      Potentially relevant products include Similac Special Care formulas, Similac NeoSure, Enfamil premature formulas, Enfamil NeuroPro EnfaCare, and certain Similac and Enfamil nutritional fortifiers.

    • Do baby formula NEC lawsuits claim Similac and Enfamil caused NEC?

      The lawsuits allege that certain cow’s milk-based formulas and fortifiers increased the risk of NEC in vulnerable infants and that manufacturers failed to adequately warn healthcare providers and parents about that alleged risk.

      Each case depends on the infant’s medical history, feeding history, diagnosis, and other evidence.

    • What if I don't know which formula my baby received?

      Parents often do not choose or administer the formula used during a NICU or hospital stay and may not remember the exact brand or product.

      Hospital records, feeding records, physician notes, and other medical documentation may help determine whether your child received Similac, Enfamil, or another relevant product.

    • Has the FDA recalled Similac or Enfamil because of NEC?

      The products involved in these lawsuits have not been recalled by the FDA specifically because of the alleged NEC risk. Certain Similac products have been involved in recalls for other reasons in the past, but those recalls are separate from the allegations at issue in NEC litigation.

    • What complications can NEC cause?

      NEC may cause severe intestinal inflammation and tissue damage. Serious cases may result in sepsis, surgery, prolonged hospitalization, continuing digestive problems, and other long-term medical complications. In some cases, NEC can be fatal.

    • Can I file a lawsuit if my child survived NEC?

      Families may be able to seek compensation for medical treatment, surgical procedures, future healthcare needs, pain and suffering, and other losses associated with the child’s injuries.

    • Can families file a lawsuit if a baby died from NEC?

      Families whose child died after developing NEC following exposure to a potentially qualifying infant formula or fortifier may be able to pursue a wrongful death claim.

      The damages available depend on the circumstances of the case and applicable state law.

    • What types of evidence may be needed for a baby formula NEC lawsuit?

      Important evidence may include hospital and NICU records, feeding records, medical records documenting the NEC diagnosis, surgical records, treatment history, and information identifying which formula or fortifier the child received.

      Parents should not assume they are unable to pursue a claim simply because they no longer have formula packaging, receipts, or other product documentation.

    • How much does it cost to hire Morgan & Morgan for a baby formula lawsuit?

      Morgan & Morgan offers free case evaluations. If we take your case on a contingency-fee basis, you do not pay upfront attorney’s fees, and we are paid only if we successfully recover compensation for you. The Fee Is Free®.

    • Help for Families Affected by NEC

      When a newborn develops a serious illness, parents should be able to focus on their child's health, not wonder whether a product they trusted contributed to the harm.

      If your child developed necrotizing enterocolitis after receiving Similac, Enfamil, or another cow’s milk-based infant formula or fortifier, you may have legal options.

      Morgan & Morgan is investigating baby formula and NEC claims nationwide. Take our free case evaluation today to learn more about your rights. The Fee Is Free®.

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    Reviewed by Jennifer Tabuas, Trial Attorney at Morgan & Morgan, on August 12, 2026.

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