Abbott Hit with $70M Verdict in Baby Formula NEC Lawsuit

CHICAGO, IL – April 10, 2026 – A unanimous jury in Chicago has ordered Abbott Laboratories to pay $70 million to four families whose premature infants developed a life-threatening intestinal disease after being fed the company's cow's milk-based formula, Similac Special Care. The verdict, delivered in Cook County Circuit Court, found the nutrition giant liable for the defective design of its product, for failing to adequately warn of the risks, and for negligence that led to the infants' injuries.

This landmark decision marks the first time Abbott has faced a verdict in its home state of Illinois over claims linking its formula to necrotizing enterocolitis (NEC), a devastating condition where intestinal tissue becomes inflamed and dies. The four cases are part of a tidal wave of litigation involving more than 1,700 lawsuits filed against Abbott nationwide.

"The jury's verdicts on behalf of these four infants confirm once again what Abbott has known for years and chosen to ignore: that Abbott's cow's milk-based formula causes NEC in premature infants, often with devastating and irreversible consequences," said Ben Whiting, Senior Partner at Keller Postman, the law firm representing the plaintiffs. "Four families walked into that courtroom asking for justice, and four families received it. We are so proud to have stood beside them, and we are not done."

A Mounting Legal Reckoning

The Chicago verdict is the latest and one of the most significant blows to infant formula manufacturers facing scrutiny over NEC. It builds on a growing list of plaintiff victories that are placing immense pressure on the industry. In March 2024, a St. Clair County, Illinois jury delivered a landmark $60 million verdict against rival manufacturer Mead Johnson over its Enfamil formula in the first-ever trial to hold a formula maker accountable for causing NEC. The legal challenges for Abbott escalated dramatically in July 2024 when a Missouri jury awarded a staggering $495 million to a family whose infant suffered from NEC after using Similac.

Abbott has stated its intention to appeal the $70 million verdict, arguing that the science was disregarded in the courtroom. The company has consistently maintained that its products are safe and that NEC is primarily caused by prematurity itself, not its formula. In a prior statement, Abbott has emphasized that its formulas are a vital option for the most vulnerable infants when a mother's own milk is unavailable.

However, plaintiffs' attorneys argue that the companies have known for decades about the heightened risks their cow's milk-based products pose to premature babies compared to human milk. "For decades, Abbott Laboratories has shown a flagrant disregard for the health of the most fragile infants," said Amelia Frenkel, a Partner at Keller Postman. "We hope that this verdict is a wakeup call to the company: Business as usual cannot continue."

The Science at the Center of the Storm

Necrotizing enterocolitis is one of the most serious and common gastrointestinal emergencies for premature infants. The condition can lead to perforations in the intestine, severe infection, and death in up to 50% of the most severe cases. Survivors often face lifelong complications, including short bowel syndrome and neurodevelopmental delays, requiring multiple surgeries and extensive medical care.

A significant body of medical research, some dating back decades, has shown that premature infants fed cow's milk-based formula are between six and ten times more likely to develop NEC than those fed human breast milk. The American Academy of Pediatrics recommends human milk for all preterm infants, whether from the mother or a donor, as the preferred source of nutrition to reduce this risk.

Despite this, the regulatory landscape remains complex. A joint statement from the FDA, NIH, and CDC issued in September 2025 noted there is "no conclusive evidence" directly linking preterm formula to NEC, while simultaneously acknowledging the protective association of human milk. The agencies affirmed that preterm formulas remain a critical component of neonatal care when human milk is not an option. This nuanced position is at the heart of the legal battle, with plaintiffs arguing that manufacturers failed to provide specific warnings about NEC on their packaging, robbing doctors and parents of the ability to make a truly informed choice.

An Industry Under Pressure

The financial and legal pressure on Abbott and Mead Johnson is immense. The majority of federal lawsuits have been consolidated into a multi-district litigation (MDL) in the U.S. District Court for the Northern District of Illinois, overseen by Chief Judge Rebecca R. Pallmeyer. With nearly 800 cases currently pending in the MDL, the outcomes of state-level trials like the one in Chicago are being watched closely as potential bellwethers for how juries will react to the evidence.

The verdicts are having a tangible financial impact. Following the $495 million Missouri verdict in 2024, Abbott's market value reportedly dropped by approximately $8 billion in after-hours trading. The company has since acknowledged in financial disclosures that mounting litigation has contributed to a profit decline in its nutrition division.

The high stakes have led to reports that Abbott may consider ceasing production of certain specialty formulas unless Congress provides legislative protection from liability. This highlights the tension between corporate risk management and the availability of critical nutritional products for a vulnerable population. As the litigation proceeds, with more bellwether trials scheduled, the infant formula industry faces a period of profound uncertainty and a potential reshaping of its responsibilities to its smallest consumers.