Chicago Jury Awards $53 Million in Infant Formula NEC Case Against Abbott Laboratories

Holding Formula Manufacturers Accountable

A Cook County, Illinois jury has awarded $53 million dollars in damages to four families who alleged that Abbott Laboratories’ preterm infant formula contributed to their babies developing necrotizing enterocolitis or NEC, a life-threatening gastrointestinal condition that primarily affects premature infants.

The verdict marks the first NEC baby formula case to go to trial in Illinois and represents a significant development in the ongoing litigation against manufacturers of cow’s milk-based infant formulas. 

Jury Finds for Families of Premature Infants

After approximately 10 hours of deliberation, jurors returned a verdict in favor of the plaintiffs, awarding:

• $15 million to Antonia Mendez
• $15 million to Eboni Williams
• $7 million to Casie Thompson
• $16 million to Kara Sharpe

The damages were awarded for pain and suffering, emotional distress, loss of a normal life, disfigurement, and the risk of future harm.

Each of the plaintiffs’ children had been born prematurely and later diagnosed with NEC after being fed Abbott’s Similac Special Care 24 formula in Chicago area hospitals. While all four infants survived, they experienced severe complications, and three required surgery shortly after birth.

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

On Friday, jurors added $17 million in punitive damages against Abbott, bringing the total verdict to $70 million.

Each of the plaintiffs’ children was born prematurely and later diagnosed with NEC, a serious and often fatal intestinal disease associated in the litigation with cow’s milk-based formula used in neonatal intensive care settings. Although all four infants survived, they suffered severe complications, and three required surgery shortly after birth.

Allegations Against Abbott

The families brought claims including negligence, failure to warn, and product defect. They argued that they were never informed of the increased risk of NEC associated with cow’s milk-based formula and would not have consented to its use had they known.

Abbott maintained that its formula is safe and argued that prematurity and low birth weight, not formula, are the primary risk factors for NEC. The company also contended that breast milk is protective rather than formula being causative.

The jury ultimately rejected those arguments.

Jurors are expected to hear additional arguments regarding punitive damages, which could further increase Abbott’s financial liability.

Part of Broader National Litigation

This case is one of thousands filed nationwide against Abbott Laboratories and Mead Johnson, the maker of Enfamil. Plaintiffs across the country allege that cow’s milk-based formulas significantly increase the risk of NEC in premature infants and that manufacturers failed to adequately warn healthcare providers and parents.

Recent trials have produced mixed outcomes:

• A $60 million verdict against Mead Johnson in 2024
• A $495 million total verdict, including punitive damages, against Abbott in Missouri
• A defense verdict was later vacated due to trial misconduct, resulting in a new trial order

Federal multidistrict litigation is also ongoing, with Abbott securing several defense wins in early bellwether trials.

A Message About Accountability

Attorneys representing families affected by NEC say the verdict sends a clear message about corporate responsibility and patient safety.

“This case was always about protecting the most vulnerable among us, premature infants, and today’s verdict confirms that Abbott failed to do that.”

Sara Papantonio, Attorney, Levin Papantonio

Looking Ahead

As litigation continues across the country, this verdict may influence future trials and settlement discussions involving NEC claims. With punitive damages still pending in this case and thousands of similar lawsuits moving forward, manufacturers of preterm infant formula face increasing legal scrutiny.

Levin Papantonio’s Leadership in NEC Baby Formula Litigation

Levin Papantonio is actively involved in pursuing justice for families affected by necrotizing enterocolitis and the devastating harm linked to cow’s milk-based baby formulas.

Notably, attorneys at the firm are engaged in national litigation against major formula manufacturers, including Abbott Laboratories and Mead Johnson, helping lead efforts to hold these companies accountable for failing to warn about the risks associated with their products. The firm’s involvement places it at the forefront of the ongoing legal fight on behalf of premature infants and their families.