Similac Lawsuit

As of March 2025, 663 necrotizing enterocolitis (NEC) cases were pending in multidistrict litigation (MDL 3026). Plaintiffs in Similac baby formula lawsuits allege that Abbott Laboratories was aware its Similac products could potentially cause NEC, particularly in babies born prematurely or at a low weight.

Plaintiffs filed additional lawsuits after Cronobactor sakazakii infections, which can cause profound internal damage or death, were linked to the Abbott facility in Sturgis, Michigan.

The bellwether trials, which set the stage for the outcomes of the group of lawsuits, in the MDL are scheduled to start in 2025.

Meanwhile, other Similac lawsuits are proceeding through state courts.

In October 2024, a jury in Missouri ruled in favor of Abbott Laboratories and Reckitt, dismissing claims that their cow’s milk-based baby formulas caused NEC in premature infants.

The verdict was reached after a five-week trial and represented the companies’ first victory in a baby formula lawsuit.

Elizabeth Whitfield, who sought more than $6.2 billion in damages, claimed her son Kaine developed NEC after using these formulas. Abbott and Reckitt countered by stating their products provide essential nutrition for at-risk infants and emphasized that no scientific evidence links their formulas to NEC.

There are currently many Similac lawsuits underway, originating from two primary sources. Most cases stem from NEC-related illness and death, but the number of cases based on serious infections from products linked to the Abbott-owned Sturgis production facility is growing.

People are filing Similac lawsuits because infants have become ill from baby formula. Both NEC and Cronobacter sakazakii infections have been linked to Similac products.

Cronobacter sakazakii and other serious infections are linked to contamination at Abbott’s manufacturing facility. NEC, associated with formula made with dairy, has caused severe illness and death in premature infants.

Similac and NEC

Similac lawsuits contend that because Abbott knew of the risk of NEC and failed to protect consumers adequately, severe illness and death of newborns occurred. Thus far, there have been no recalls of Similac products because of NEC’s risks.

NEC is a gastrointestinal disease that inflames the intestinal lining and can lead to tissue death. According to the National Library of Medicine, there is a significant link between this medical and surgical emergency in newborns and baby formula.

Studies indicate that cow’s milk-based formulas, such as Similac, increase NEC risk in premature infants.

Similac lawsuits cite many of those studies in their claims. Plaintiffs contend that Abbott Laboratories either didn’t do enough to protect the public from the potential dangers or deliberately misled them into thinking their products were safe.

NIH-Backed Study on Donor Milk and NEC

A study funded by the National Institutes of Health and published in the Journal of the American Medical Association in January 2024 found a vital benefit to donated human milk for premature babies.

Infants fed donated human milk were much less likely to develop necrotizing enterocolitis than those given formula. Specifically, only 4.2% of the babies fed human milk developed this condition, while the rate was 9% for those on formula.

The study looked at 483 babies born very early, before 29 weeks of pregnancy or weighing less than 2.2 pounds. This research highlights the substantial advantages of using donor human milk to help protect these vulnerable infants from NEC.

Current Clinical Trials and Research Priorities

In September 2024, a U.S. Department of Health and Human Services working group focused on NEC in premature infants published a report outlining important areas for future research and offering several recommendations.

According to the working group, research on feeding practices is important to explore the potential influence on the risk of necrotizing enterocolitis (NEC) in premature infants.

The report recommended a primary focus on identifying the optimal nutritional needs of vulnerable babies, ensuring they receive the best possible support for growth and development. It also emphasized the need for increased research efforts to assist parents in enhancing their breastfeeding techniques and boosting breast milk production.

Additionally, it recommended studying how the collection, storage and administration of donor or parental milk can affect its nutritional value, ultimately impacting infants’ overall health. The report emphasized the importance of large-scale studies that examine the relationship between various feeding practices and the risk of NEC.

Similac and Cronobacter Sakazakii Infections

There are more active lawsuits about products manufactured at Abbott’s Sturgis, Michigan facility. Many of the claims involved personal injury and/or wrongful death. Abbott Laboratories is also facing a Department of Justice-led criminal investigation.

Cronobacter bacteria can infect the bloodstream and central nervous system, resulting in developmental and motor impairments, brain abscesses and death. Between December 2021 and March 2022, the FDA and the CDC investigated reports of infant illness and death related to Abbott baby formula products.

Following the voluntary recall and plant shutdown, the U.S. faced a baby formula shortage, disproportionately affecting lower-income families. Although the shortage was initially caused by the ongoing disruptions in the global supply chain, the Sturgis plant closure exacerbated the shortage.

Similac products named in Cronobacter lawsuits may include all recalled Similac, Alimentum and EleCare products from the Sturgis manufacturing plant. The FDA reports that these products can be identified by their multi-digit number on the bottom of the container.

NEC Similac lawsuits involve formulas containing cow’s milk. Some of the company’s fortified human milk products contain cow’s milk.

The best way to determine if a formula you purchased and used is included in Similac lawsuits is to consult an experienced lawyer currently handling baby formula lawsuits. They can review your receipts and other documents to confirm if cases are being accepted for a specific formula.

Families or caregivers of premature infants who developed NEC or a Cronobacter sakazakii infection after consuming a Similac product may be eligible to file a lawsuit. Infants who received the baby formula in a hospital or consumed it at home may qualify.

An experienced attorney can determine if you’re eligible to file a suit. Keep all medical records, purchase receipts and any leftover product as evidence.

Mead Johnson’s baby formula brand Enfamil is also subject to NEC-related lawsuits. Parents and caregivers of babies who developed NEC after consuming an Enfamil product may be eligible for Enfamil NEC lawsuits. Similac and Enfamil lawsuits are both included in MDL 3026.

The discovery process in a Similac lawsuit may be lengthy. Most experienced legal firms will typically offer free consultations before helping you file a lawsuit.

The courts will distribute any payments deriving from settlements and verdicts to your legal counsel. Your lawyer will then dispense the funds to you.