Cook County Jury Abbott Similac NEC Baby Formula Product Liability Verdict, Four Illinois Families Were Awarded $70 Million Is Your Baby’s Case Next?

Abbott Laboratories is facing a class action lawsuit filed in the Circuit Court of Cook County, Illinois, alleging its cow’s milk-based Similac Special Care 24 formula caused necrotizing enterocolitis (NEC) — a severe intestinal disease — in premature infants, and the jury has now spoken. A Cook County jury returned a verdict of $70 million, including $17 million in punitive damages, against Abbott Laboratories after finding its product caused four premature infants to develop NEC. No settlement exists yet. Thousands of similar lawsuits are still working through state and federal courts across the country.

Abbott NEC Baby Formula Lawsuit — Quick Facts

Field	Detail
Verdict Amount	$70,000,000 ($53M compensatory + $17M punitive)
Verdict Date	April 9–10, 2026
Defendant	Abbott Laboratories
Alleged Violation	Negligence, Failure to Warn, Product Defect (Illinois product liability law)
Who Is Affected	Parents of premature infants fed Similac Special Care 24 in Chicago-area NICUs
Current Court Stage	Verdict reached; Abbott has announced intent to appeal
Court & Jurisdiction	Circuit Court of Cook County, Illinois
Lead Law Firms	Olson Grimsley Kawanabe Hinchcliff & Murray LLC; Keller Postman LLC
Federal MDL	MDL No. 3026, U.S. District Court, Northern District of Illinois (Judge Rebecca Pallmeyer)
Next Federal Trial	TBD — August 2026 bellwether trial (Inman v. Mead Johnson) scheduled
Official Case Numbers	Mendez v. Abbott: 2022-L-005377 · Williams: 2022-L-005401 · Thompson: 2022-L-005393 · Sharpe: 2022-L-005381
Last Updated	May 23, 2026

What the Abbott Similac NEC Lawsuit Is Actually About — Mendez et al. v. Abbott Laboratories, Nos. 2022-L-005377 et al.

If your premature baby was fed Similac formula in a neonatal intensive care unit and later developed NEC, this case is directly about what happened to your child.

The four Cook County cases went to trial together after a monthlong proceeding in Cook County Circuit Court in Chicago. The cases were filed by the mothers of four children against north suburban-based Abbott, and they were the first lawsuits against Abbott over NEC to go to trial in state court in Illinois.

Plaintiffs alleged that Abbott had concealed evidence from regulators and the public that its formula could cause NEC, resulting in long-term damage to the babies, including surgery in the initial weeks after they were born. The legal theory rests on three claims under Illinois product liability law: negligence, failure to warn, and defective product design. If a hospital gave your premature infant Similac Special Care 24 and your baby later developed NEC, your family may fall squarely inside what these plaintiffs were fighting to prove.

For a deeper look at Abbott’s broader legal exposure — including its shareholder and wage disputes — see the Abbott Lawsuit, Baby Formula NEC Litigation, Shareholder Derivative Claims, And Wage Disputes coverage on AllAboutLawyer.com.

Are You Part of the Abbott Similac NEC Class Action Lawsuit?

Here is how to know if this litigation may include your family.

You may be part of this class if:

• Your child was born prematurely (before 37 weeks gestation)
• Your baby was fed Abbott’s Similac Special Care 24 or another cow’s milk-based Similac formula in a hospital NICU
• Your baby was born at a Chicago-area hospital between 2012 and 2019 (for the Cook County cases specifically — federal MDL cases cover a broader range)
• Your child was diagnosed with necrotizing enterocolitis (NEC) after receiving formula
• Your child suffered injuries including bowel surgery, long-term complications, or death

You are likely NOT included in the Cook County state court cases if:

• Your child was full-term and not admitted to a NICU
• Your baby was fed only breast milk or human donor milk during their NICU stay
• Your child was not diagnosed with NEC

The broader NEC formula litigation includes thousands of coordinated claims in both state courts and federal multidistrict litigation. Even if you are not in the Cook County cases specifically, your family may have a separate claim in federal court or another state. A consumer rights lawyer can review your facts and tell you exactly where you stand. A free legal consultation costs you nothing and takes minutes to request.

Related article: PacifiCorp Wins Appeal in Oregon Wildfire Class Action Over 100 Damages Trials  $1B Case Now Paused

What the Jury Awarded Each Family — and Why Abbott Was Hit With Punitive Damages

The jury awarded $15 million to Antonia Mendez, $15 million to Eboni Williams, $7 million to Casie Thompson, and $16 million to Kara Sharpe. Each child survived but suffered long-term complications, and three required bowel surgery.

The damages cover pain and suffering, loss of a normal life, emotional distress, disfigurement, and risk of future harm.

The punitive damage piece is significant. Jurors found Abbott knew about the NEC risk but kept marketing the formula to hospital intensive care units. That finding — that Abbott knew and said nothing — is exactly what pushed the jury to add an extra $17 million on top of the $53 million in compensation. Punitive damages are only available when a jury believes a company’s conduct crossed the line from negligence into deliberate concealment.

In response, Abbott indicated it “respectfully but strongly” disagreed with the verdict and would appeal. The company maintains that its formula is safe and necessary for premature infants who cannot receive human milk.

What Affected Families Should Do Right Now

If your premature infant was fed Similac formula in a NICU and developed NEC, here is what you should do immediately — before anything else changes.

Step 1 — Save every document you have. Medical records, NICU discharge summaries, formula packaging, hospital bills, and any communication from the hospital about your baby’s diet are all potentially critical evidence in a product liability lawsuit.

Step 2 — Do not wait. The four Cook County lawsuits were all filed in 2022 by Illinois parents whose babies were born prematurely at Chicago-area hospitals between 2012 and 2019. Statutes of limitations vary by state. If you have not spoken to an attorney, do it now — not after you see another verdict in the news.

Step 3 — Contact a class action lawsuit attorney. Most NEC baby formula attorneys take these cases on contingency, meaning you pay nothing unless they win. A free legal consultation will tell you in plain terms whether your case qualifies.

Step 4 — Monitor the federal MDL. As of May 2026, there were 797 necrotizing enterocolitis baby formula lawsuits pending in MDL 3026 before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois, with additional cases set for later this year. If a global settlement is ever reached, families who have already filed will be in a far stronger position than those who waited.

Step 5 — Do not assume the verdict helps you automatically. A jury verdict in one case does not mean automatic compensation for damages in yours. Each family’s claim is evaluated separately.

Abbott NEC Lawsuit Timeline

Milestone	Date
First NEC lawsuits filed against Abbott in Illinois	2022
Federal MDL No. 3026 consolidated (N.D. Illinois)	April 2022
First Missouri trial — Abbott wins	2024
Missouri jury awards $495M (Gill v. Abbott)	July 2024
Illinois Enfamil NEC verdict — $60M (Mead Johnson)	March 2024
Abbott wins three federal bellwether cases (summary judgment)	2025
Cook County trial begins (four families, one-month proceeding)	March 2026
Jury deliberates — 10 hours	April 9, 2026
$53M compensatory verdict returned	April 9, 2026
$17M punitive damages added — total $70M	April 10, 2026
Abbott announces intent to appeal	April 2026
Missouri $495M verdict upheld on appeal	May 2026
Next federal bellwether trial (Inman v. Mead Johnson)	August 2026 (scheduled)
Global settlement timeline	TBD — no settlement negotiations publicly confirmed

Frequently Asked Questions

Is there a class action lawsuit against Abbott for NEC? 

Yes. More than 1,700 lawsuits are pending against Abbott across the country alleging its cow’s milk-based Similac formula for babies born prematurely causes necrotizing enterocolitis. The Cook County trial in April 2026 was the first Illinois state court verdict against Abbott in this litigation.

Do I need to do anything right now to be included in the Abbott NEC lawsuit? 

Most class members in the federal MDL are automatically tracked, but you are not protected unless you have actually filed a claim. Contact a class action lawsuit attorney now — especially if your child’s NEC diagnosis occurred years ago, since statutes of limitations can close your window permanently.

When will an Abbott NEC settlement be reached? 

No settlement has been announced. With the largest verdict in the case now affirmed on appeal, Abbott’s leverage in any future settlement negotiations has significantly weakened. Legal analysts are watching the August 2026 federal bellwether trial as a key signal for whether Abbott will negotiate.

Can I file my own lawsuit against Abbott instead of joining the class action? 

Yes. Individual product liability lawsuits are common in NEC litigation, and many families have filed separately rather than waiting on the class. A consumer rights lawyer can tell you which path — individual claim or MDL — gives your family the best shot at legal settlement payout.

How will I know if the Abbott NEC lawsuit settles?

 If a settlement is reached, the court will send notice to all identified class members. You can also monitor the federal MDL docket, MDL No. 3026, through PACER at pacer.gov. Signing up for updates through an attorney is the most reliable way to stay informed.

My baby was not in Illinois — can I still have a claim?

 Yes. The litigation remains active nationwide, with lawsuits pending in state courts and federal multidistrict litigation. The federal MDL covers families from across the country. Where your baby was hospitalized does not determine whether you can file — what matters is the formula they were given and the NEC diagnosis.

What is NEC, and how do I know if my baby had it? 

NEC involves the bacterial invasion of a newborn’s intestinal lining, leading to severe inflammation, tissue necrosis, and potential intestinal perforation. The disease often requires surgery and carries a high mortality rate. If your premature infant had unexplained feeding intolerance, abdominal distension, or required bowel surgery in the NICU, ask their treating physician for a formal NEC diagnosis review.

What happens to Abbott’s appeal? 

Abbott indicated it “respectfully but strongly” disagreed with the verdict and would appeal. The Missouri $495 million verdict — a larger award in a similar case — already survived appeal in 2026, which signals that appellate courts are not automatically reversing these verdicts.

Sources & References

• Cook County Circuit Court filings: Mendez v. Abbott Laboratories, No. 2022-L-005377; Williams v. Abbott Laboratories, No. 2022-L-005401; Thompson v. Abbott Laboratories, No. 2022-L-005393; Sharpe v. Abbott Laboratories, No. 2022-L-005381
• Federal MDL No. 3026, U.S. District Court, Northern District of Illinois — PACER: pacer.gov
• Chicago Tribune reporting on Cook County trial proceedings, April 2026

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against Cook County Circuit Court filings and the Business Wire official press release dated April 10, 2026. Last Updated: May 23, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.