If your baby developed necrotizing enterocolitis (NEC) after being fed cow’s milk–based baby formula, contact a necrotizing enterocolitis attorney at Daly & Black, P.C. today. Our firm helps families pursue justice and accountability against negligent manufacturers who failed to warn about the risks. We understand the emotional toll of these cases and handle every step with care and urgency — offering free consultations and no fees unless we win.
All In. All The Time. We don’t just take cases. We take up causes. No fees unless we win.
What Is Necrotizing Enterocolitis (NEC)?
Necrotizing enterocolitis (NEC) is a severe gastrointestinal disease that primarily affects premature or low-birth-weight infants. It occurs when intestinal tissue becomes inflamed, leading to infection, perforation, or in severe cases, death of the intestinal wall. NEC can lead to life-threatening complications, long-term digestive issues, and developmental challenges.
Symptoms & Diagnosis
Common symptoms of NEC include:
- Abdominal swelling or tenderness
- Blood in the stool
- Vomiting or feeding intolerance
- Lethargy or low activity
- Temperature instability
Diagnosis typically involves X-rays, blood tests, and observation in the neonatal intensive care unit (NICU).
Complications & Long-Term Effects
Infants who survive NEC may face long-term effects such as:
- Short bowel syndrome (requiring long-term nutritional support)
- Growth and developmental delays
- Lifelong digestive challenges
How NEC Is Linked to Cow’s Milk–Based Baby Formula
Medical research has shown that premature infants fed cow’s milk–based formulas or fortifiers are significantly more likely to develop NEC than those fed human breast milk. Popular products implicated in litigation include Similac® and Enfamil®, made by Abbott Laboratories and Mead Johnson Nutrition, respectively.
Multiple studies and recent federal rulings have confirmed that manufacturers knew or should have known about this risk but failed to provide adequate warnings to healthcare providers or parents. These failures form the basis of ongoing NEC baby formula lawsuits.
Who Qualifies for an NEC Baby Formula Lawsuit?
Families may be eligible to file an NEC lawsuit if:
- The infant was born prematurely (before 37 weeks).
- The baby was fed cow’s milk–based baby formula or fortifier (e.g., Similac, Enfamil).
- The baby was diagnosed with necrotizing enterocolitis or suffered complications related to it.
- The claim is within the applicable statute of limitations (see below).
If these factors apply to your family, you may qualify to join the NEC class action or MDL. Speak with an attorney as soon as possible to protect your rights.
What Damages Can Families Pursue?
Families affected by NEC may seek compensation for:
Medical Expenses
NICU treatment, surgeries, and follow-up care costs can be overwhelming. Compensation may include both past and anticipated hospital expenses.
Future Medical Needs
Families may recover for long-term rehabilitation, feeding tubes, or nutritional support required due to NEC-related complications.
Pain and Suffering
This covers both the infant’s physical pain and the family’s emotional hardship throughout treatment and recovery.
Emotional Distress
Parents often experience immense trauma and loss of companionship. Legal recovery can help provide acknowledgment of that suffering.
Wrongful Death Damages
When NEC leads to a fatal outcome, families may seek compensation for funeral costs, loss of companionship, and other related damages.
Daly & Black works with medical and financial experts to ensure every category of loss is fully documented and pursued.
Why You Need a Necrotizing Enterocolitis Attorney
An experienced NEC attorney helps families by:
Investigating the Medical History and Formula Exposure
Your attorney will collect all relevant medical records, NICU feeding logs, and hospital documentation to determine how and when your baby was exposed to cow’s milk–based formula.
Working with Neonatology and Gastroenterology Experts
We collaborate with leading medical professionals to establish the scientific link between the formula and NEC development, providing strong causation testimony.
Filing Claims Within the National MDL or Local Jurisdiction
Depending on your situation, Daly & Black will file your claim as part of the NEC multidistrict litigation (MDL) or pursue it independently in state court to ensure the best outcome.
Negotiating with Large Corporations and Insurers
Our attorneys handle all communication and negotiation with corporate defendants and their insurance teams, fighting for maximum compensation while you focus on your family.
Preparing for Trial When Settlement Isn’t Sufficient
If fair settlement offers aren’t made, our trial-tested litigators prepare your case for court—leveraging evidence, expert testimony, and our proven advocacy to secure justice.
At Daly & Black, P.C., we combine legal strength with compassion—fighting for the justice your family deserves.
Status of the NEC Litigation / Class Action / MDL
Hundreds of NEC baby formula lawsuits have been consolidated into a federal multidistrict litigation (MDL) to streamline discovery and trial preparation. Key updates include:
MDL Coordination
The NEC baby formula cases against Abbott and Mead Johnson are centralized in federal court for efficiency and consistency in rulings.
Notable State Level Verdicts & Rulings
- $60 million jury verdict in one of the first NEC baby formula trials.
- $495 million verdict against Abbott Laboratories in 2024, signaling strong support for plaintiffs.
- Judges have allowed expert testimony confirming the scientific link between cow’s milk–based formula and NEC.
What These Rulings Mean for Families
These rulings strengthen future claims by affirming that manufacturers can be held accountable for failing to warn about the risks associated with their products.
Why Choose Daly & Black, P.C.
When your family is facing a life‑altering diagnosis like NEC, you need a firm that is trial‑tested, strategic, and relentless.
Proven Track Record
With profound experience handling complex product liability and birth‑related injury cases, Daly & Black, P.C. has secured millions of dollars in verdicts and settlements for clients nationwide.
Our reputation speaks for itself: as multiple‑time Insurance Litigation Firm of the Year nominees and prior winners, we’ve earned recognition across the legal community for exceptional advocacy and results. Every NEC case is another opportunity to uphold that legacy of success.
Trial‑Ready Representation
Our attorneys prepare every case as though it will go before a jury. From investigation to expert witness coordination, this readiness drives stronger settlements and ensures we’re ready to fight in court when necessary.
All In. All The Time.
This isn’t just our motto—it’s how we practice law. Every attorney, paralegal, and investigator at Daly & Black commits fully to our clients, maintaining transparency, communication, and relentless pursuit of justice until your case is resolved.
Free Case Review
If your baby developed NEC after being fed cow’s milk–based formula, contact Daly & Black, P.C. today for a free consultation. We’ll evaluate your case, explain your rights, and fight to secure the compensation your family deserves. Our firm works on a contingency fee basis, meaning you pay nothing unless we win.
Statute of Limitations: Act Quickly
Every state has strict deadlines that determine how long families have to bring a lawsuit after a child is diagnosed with necrotizing enterocolitis. These rules, known as statutes of limitations, exist to ensure claims are filed while evidence is fresh and medical records are still available. In most states, the filing window ranges between one and three years from the date of injury or when the harm was discovered.
Understanding the Importance of Deadlines
Failing to file within the applicable time limit can permanently bar recovery, regardless of the severity of the injury. For that reason, parents should consult an attorney as soon as they suspect NEC may be linked to baby formula.
State Variations and Exceptions
Some states have specific provisions that pause or extend deadlines for minors or for injuries discovered later. For example, Texas generally allows two years from the date of injury or the date the injury should reasonably have been discovered, while Louisiana follows a two-year prescriptive period for similar claims.
These deadlines reflect the typical range across the country, where most NEC-related cases must be filed within one to three years of the injury or discovery. A court may allow a claim to proceed if new medical evidence reveals the cause of NEC long after the initial diagnosis, but such exceptions are rare and must be proven through strong documentation and expert testimony.
Why Acting Quickly Matters
The sooner an attorney begins working on your case, the sooner evidence can be preserved, experts consulted, and filings prepared in the correct jurisdiction. Even small delays can make a major difference in securing justice for your family.
Because deadlines and legal standards vary across the country, it’s essential to speak with a qualified attorney immediately to confirm your filing window and protect your right to compensation.
FAQ:
What is the NEC baby formula lawsuit about?
The NEC baby formula lawsuit claims that Abbott Laboratories and Mead Johnson Nutrition marketed cow’s milk–based formulas as safe for premature infants despite knowing the heightened risk of NEC.
Who qualifies to file an NEC baby formula lawsuit?
Families of premature infants who developed NEC after consuming formulas such as Similac® or Enfamil® may qualify. Contact an attorney promptly to determine eligibility.
What damages can families pursue in an NEC formula lawsuit?
Damages include medical expenses, pain and suffering, emotional distress, and, in wrongful death cases, funeral and burial costs.
How does a necrotizing enterocolitis attorney help families?
An attorney manages investigation, evidence gathering, and litigation strategy, working with medical experts to prove causation and secure fair compensation.
What is the status of the NEC class action lawsuit?
As of 2025, the NEC baby formula lawsuits are part of an ongoing federal MDL with early verdicts already favoring plaintiffs.
Contact Daly & Black, P.C. for a Free Case Review
If your child was diagnosed with necrotizing enterocolitis after consuming a cow’s milk–based baby formula, contact a necrotizing enterocolitis attorney at Daly & Black, P.C. today. Our firm is prepared to take on negligent manufacturers and hold them accountable for the harm caused to your family. We approach every case with the same trial-tested intensity that has made us leaders in complex litigation.
Call now for your free consultation—no fees unless we win.
Daly & Black, P.C. is All In. All The Time.