In 2025, major infant formula brands like Similac and Enfamil are facing mounting legal pressure over claims that their products cause necrotizing enterocolitis (NEC) in premature infants. Parents across the United States are filing lawsuits alleging that these formulas increase the risk of this deadly digestive disease—and that manufacturers failed to adequately warn healthcare providers and caregivers.
If your child was diagnosed with NEC after receiving Similac or Enfamil in a NICU or hospital setting, you may be eligible for significant compensation. This guide breaks down what NEC is, why the lawsuits are happening, and who qualifies to join.
What Is NEC (Necrotizing Enterocolitis)?
Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that primarily affects premature and low birth weight infants. It causes inflammation and tissue death in the baby’s intestines, potentially leading to:
- Intestinal perforation (holes)
- Sepsis (blood infection)
- Organ failure
- Emergency surgery
- Long-term disability or death
NEC typically occurs within the first few weeks of life, especially among babies fed with formula instead of human breast milk.
Why Are Similac and Enfamil Being Sued?
Several scientific studies have linked bovine-based infant formula (cow’s milk-derived) to an increased risk of NEC in preemies. Lawsuits allege that:
- Similac (Abbott Laboratories) and Enfamil (Mead Johnson) products are dangerous for premature infantswhen compared to breast milk or human milk-based alternatives.
- The companies knew or should have known about the risk of NEC based on medical literature.
- They failed to warn hospitals, doctors, and parents about the heightened risk.
- Their marketing strategies targeted NICUs and healthcare professionals, promoting formula use even in vulnerable preterm babies.
As a result, families are pursuing legal action after devastating injuries—or even the death—of their children.
Which Products Are Involved?
Lawsuits focus on bovine-based Similac and Enfamil products commonly used in hospitals and neonatal intensive care units. These may include:
Similac Products:
- Similac Special Care
- Similac Neosure
- Similac Human Milk Fortifier
- Similac Advance
Enfamil Products:
- Enfamil Premature
- Enfamil Human Milk Fortifier
- Enfamil NeuroPro
- Enfacare
These formulas are often used in place of or alongside breast milk in premature babies—especially when a mother’s milk is unavailable.
What Evidence Links Cow’s Milk Formula to NEC?
Dozens of peer-reviewed studies and clinical reviews have shown that:
- Preterm infants fed bovine formula are significantly more likely to develop NEC than those fed breast milk.
- NEC risk is two to ten times higher in infants given cow’s milk products.
- Human donor milk or breast milk provides protective effects due to anti-inflammatory and immune-boosting properties.
Despite this, Similac and Enfamil manufacturers did not update product warnings or labels until lawsuits and public pressure mounted.
Who Qualifies for a Similac or Enfamil NEC Lawsuit?
You may qualify for compensation if:
- Your baby was born prematurely (typically before 37 weeks)
- Your baby received Similac or Enfamil formula or fortifier in the NICU or hospital
- Your child was diagnosed with NEC
- NEC resulted in surgery, long-term disability, or death
- The incident occurred within the last few years (statute of limitations may apply)
Even if your baby survived NEC but suffered complications, you may still be eligible to file a claim.
What Compensation Can Families Receive?
If you qualify and your claim is successful, you may receive compensation for:
| Type of Damage | What It Covers |
|---|---|
| Medical Expenses | NICU care, surgeries, medications, long-term treatment |
| Pain and Suffering | Infant distress, parental trauma, emotional anguish |
| Funeral Costs | In wrongful death cases |
| Disability or Developmental Delays | Ongoing care for children with brain or digestive damage |
| Punitive Damages | In cases where corporate negligence is proven |
The total amount will vary depending on the injury, medical evidence, and your attorney’s negotiations.
What Documentation Do You Need?
To support your NEC formula lawsuit, gather the following:
- Birth and medical records
- Formula feeding logs or NICU feeding charts
- NEC diagnosis details from pediatric surgeons or specialists
- Surgical or autopsy reports (if applicable)
- Receipts or billing statements from medical care
- Hospital discharge summaries outlining feeding and complications
Lawyers can help obtain this documentation from hospitals and providers if needed.
How to File a Similac or Enfamil Lawsuit in 2025
Here’s how to begin the claims process:
Step 1: Contact a Mass Tort Lawyer Specializing in NEC Cases
Choose a firm that has experience in infant injury and medical product litigation. Most will offer free consultations and work on a contingency basis (no payment unless you win).
Step 2: Share Your Story and Medical History
Be ready to explain when your baby was born, what formula was used, how NEC was diagnosed, and what treatments followed.
Step 3: File a Claim or Join Ongoing Litigation
Your case may become part of a larger mass tort or proceed as an individual claim depending on your circumstances.
Step 4: Prepare for Investigation and Negotiations
The legal team will collect evidence, consult medical experts, and prepare your case for settlement or trial.
Is There a Deadline to File?
Yes. Each state has a statute of limitations—usually 2 to 3 years from the date of injury or diagnosis. However, exceptions may apply for minors, meaning you may still qualify even if the incident occurred several years ago.
To protect your rights, consult a lawyer as soon as possible. Delay could result in losing your right to compensation.
Current Status of NEC Formula Lawsuits in 2025
As of 2025:
- Hundreds of NEC lawsuits are pending across the U.S., especially in Illinois, California, New York, and Texas
- No global settlement has been reached yet, but pre-trial motions and bellwether cases are underway
- Legal experts expect significant payouts or settlement negotiations in the coming months
The lawsuits are drawing national attention, especially among neonatal advocacy groups and public health researchers.
Final Thoughts
The Similac and Enfamil lawsuits represent more than just product liability—they’re about accountability for companies that profited while putting premature babies at unnecessary risk.
If your child suffered from NEC after receiving infant formula in a hospital setting, you may be eligible to file a claim and pursue justice. The first step is reaching out to an attorney who can assess your case and protect your family’s legal rights.