70 Million Abbott Laboratories Similac Baby Formula NEC Lawsuit Verdict By Cook County Jury, What Parents Need to Know

A Cook County jury returned a $70 million verdict against Abbott Laboratories, the maker of the cow’s milk-based infant formula Similac, after finding the company knew its product could cause necrotizing enterocolitis (NEC) in premature infants yet continued marketing it to hospital intensive care units. Abbott has stated it disagrees with the verdict and plans to appeal. No class-wide settlement exists yet. Parents of premature babies who developed NEC after receiving Similac in a NICU should contact a qualified attorney to evaluate their eligibility.

Quick Facts

Field	Detail
Verdict Amount	$70,000,000 ($53M compensatory + $17M punitive)
Claim Deadline	TBD — No settlement reached yet; consult an attorney
Who Qualifies	Parents of premature infants fed Similac in a NICU who later developed NEC
Payout Per Person	TBD — Determined individually based on injuries
Proof Required	Yes — Medical records and NICU feeding documentation
Case Status	Active litigation — Verdict reached April 10, 2026; appeal expected
Court	Cook County Circuit Court, Chicago (Mendez v. Abbott)
Federal MDL	MDL 3026, U.S. District Court, Northern District of Illinois

Current Status & What Happens Next

• Abbott has announced it will appeal the $70 million verdict and noted that four similar lawsuits have already been dismissed in federal and state courts.
• A second series of bellwether trials in the federal MDL is scheduled to begin in August 2026.
• Abbott currently faces more than 1,700 similar lawsuits — 784 in federal court in Illinois and the rest in state court, mostly also in Illinois.

What Is the Abbott Similac Baby Formula NEC Lawsuit About?

Attorneys representing four families argued that Abbott knew its Similac products greatly increase the risk of NEC for premature infants, yet falsely promoted the products as safe to hospitals. The jury found that Abbott’s conduct caused four premature infants to develop necrotizing enterocolitis, a condition described as a crippling and often fatal intestinal disease.

NEC involves a bacterial invasion of a newborn’s intestinal lining that triggers severe inflammation, tissue death, and potential intestinal perforation. The disease often requires surgery and carries a high mortality rate. Families allege that Abbott prioritized hospital sales over the safety of some of the most vulnerable patients in any medical facility — premature newborns in the NICU.

This verdict marks Abbott’s second trial defeat in this litigation. In 2024, a St. Louis jury found that Abbott should pay nearly $500 million to the family of an infant allegedly injured by its formula. Abbott counters that its formula is a critical nutritional option for premature infants when human milk is unavailable, and points to the FDA’s position that no conclusive evidence links cow’s milk-based formula to NEC.

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Who Is Eligible to File a Claim?

Based on court filings and the criteria established in the Mendez v. Abbott case and the broader MDL litigation, you may qualify if your child meets the following conditions:

• You may qualify if your baby was born prematurely (typically at or before 32 weeks) or had a low birth weight at birth.
• You may qualify if your premature baby received cow’s milk-based Similac formula — such as Similac Special Care, Similac NeoSure, or Similac Human Milk Fortifier — in a hospital NICU setting.
• You may qualify if your baby was diagnosed with necrotizing enterocolitis (NEC) after receiving the formula, whether they survived or did not survive.
• You may qualify if your premature baby was diagnosed with related complications beyond NEC, including sepsis, meningitis, bowel amputation, or bacterial infection following formula use in a hospital setting.
• You may qualify if your child’s NICU stay and formula feeding occurred at any point within the applicable statute of limitations in your state — consult an attorney immediately to confirm your deadline.
• You may qualify if you have medical records, hospital discharge summaries, or NICU feeding logs documenting the formula use and subsequent diagnosis.

How Much Can Families Receive?

There is no settlement fund or fixed payout table yet. These are individual injury lawsuits, not a consumer class action with a per-person claim form. Compensation depends entirely on the facts of each family’s case.

The April 2026 Chicago verdict included $53 million in actual damages awarded to four mothers, with an additional $17 million in punitive damages added — increasing each family’s total payout by approximately $4.25 million if divided equally.

The compensatory damages covered categories including pain and suffering, emotional distress, loss of a normal life, disfigurement, and risk of future harm. Individual case values vary widely based on the severity of the child’s injuries, whether surgery was required, long-term complications, and other factors. Analysts who have followed the litigation have estimated that Abbott and Mead Johnson — which also makes premature infant formula — may collectively pay as much as $3 billion to resolve their total liability.

How to Take Legal Action If Your Baby Developed NEC

These steps apply to families pursuing individual lawsuits — not a traditional online claim form:

Step 1 — Gather medical records Collect your child’s NICU records, discharge summaries, formula feeding logs, and NEC diagnosis documentation from the treating hospital.

Step 2 — Document the formula brand and product Note the exact Similac product name given in the NICU. Records may list it as Similac Special Care 24, Similac NeoSure, or Similac Human Milk Fortifier.

Step 3 — Contact a qualified mass tort attorney Consult an attorney who handles NEC baby formula litigation. Most work on a contingency fee basis, meaning you pay nothing unless they recover compensation for your family.

Step 4 — Submit to a case evaluation Your attorney will review your child’s diagnosis, the timeline of formula exposure, and your state’s statute of limitations to confirm eligibility.

Step 5 — File your case Your attorney will file either in state court or join the existing federal MDL (MDL 3026) in the Northern District of Illinois, depending on your circumstances.

Step 6 — Monitor case developments The next round of bellwether trials in the federal MDL is set for August 2026, and results from those trials will continue to shape settlement discussions and individual case values.

Estimated time to complete an initial attorney consultation: 20–30 minutes.

Important Deadlines & Dates

Milestone	Date
Four Chicago-area complaints filed	2022
St. Louis verdict ($495M against Abbott)	July 2024
Chicago trial — compensatory damages verdict	April 9, 2026
Chicago trial — punitive damages verdict ($17M)	April 10, 2026
Abbott appeal filing	TBD
Federal MDL 2nd bellwether trials begin	August 2026
Settlement / Final resolution	TBD
Statute of limitations (varies by state)	Consult an attorney immediately

Frequently Asked Questions

Do I need a lawyer to file a claim in the Abbott NEC lawsuit?

 Yes. These are individual personal injury cases, not a standard online claim form. A mass tort attorney will evaluate your eligibility, gather evidence, and file on your behalf — typically at no upfront cost on a contingency fee basis.

Is this lawsuit legitimate? 

Yes. Jurors in Cook County Circuit Court awarded $53 million in actual damages and $17 million in punitive damages against Abbott after finding that its Similac product caused premature infants to develop NEC. The case is fully documented in public court records.

When will families receive payment?

 No settlement exists yet. Abbott has stated it will appeal the verdict, which means payment timelines are uncertain. Families who win individual verdicts may face delays of one to several years depending on the appeals process.

What if I missed a filing deadline? 

Statutes of limitations for personal injury lawsuits vary by state and typically run from the date of injury or the date you discovered the harm. Contact an attorney right away — waiting longer could bar your claim entirely.

Will a lawsuit payout affect my taxes? 

Compensation for physical injuries and medical expenses is generally not taxable under federal law. However, punitive damages and emotional distress awards may be taxable. Consult a tax professional once any award is received.

What is NEC, and how is it linked to Similac? 

NEC is a condition where bacteria invade a newborn’s intestinal lining, causing severe inflammation, tissue death, and potential intestinal perforation. Plaintiffs argue that cow’s milk proteins in formulas like Similac trigger this response in premature digestive systems that are not yet developed enough to process them safely.

My baby survived NEC — can I still file? 

Yes. In the Chicago trial, all four infants survived NEC, though they experienced severe complications and three required surgery shortly after birth. Survival does not disqualify a family from pursuing compensation for injuries, pain, and long-term harm.

What Similac products are named in these lawsuits? 

The primary products named include Similac Special Care, Similac Special Care 24, Similac NeoSure, and Similac Human Milk Fortifier — all cow’s milk-based formulas administered in hospital NICUs to premature or low-birth-weight infants.

Last Updated: April 15, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.