The New Litigation Landscape

For months, the legal industry treated NEC (Necrotizing Enterocolitis) cases as a secondary focus. That changed this December.

On December 17, 2025, a Connecticut jury awarded $32 million to the family of a premature infant who died after being fed cow’s milk-based formula without parental consent. This victory comes on the heels of a massive $495 million verdict against Abbott in July 2025.

These consecutive wins—one against a manufacturer and one against a hospital for using the product—demonstrate that juries are reacting viscerally to the evidence. The financial reality of this litigation has solidified, creating a new urgency for firms to acquire cases before the next federal trial phase begins in August 2026.

The Core Allegation & Medical Evidence

The litigation centers on a specific failure-to-warn claim against Abbott (Similac) and Mead Johnson (Enfamil).

• The Liability Argument: Plaintiffs allege that manufacturers knew their cow’s milk-based formulas significantly increased the risk of NEC in premature infants but failed to disclose this data to parents and NICU doctors.
• The Science: Research cited in these trials indicates that premature infants fed cow’s milk formula are 6 to 10 times more likely to develop NEC compared to those fed human milk.
• The Defense’s Problem: Internal documents surfaced during recent trials suggest that company executives were aware of the safety disparity but prioritized marketing the product as “safe for preemies” to maintain market dominance.

The 2026 Trial Calendar & Settlement Horizon

While some headlines may focus on isolated defense wins, the macro trend is shifting heavily toward plaintiffs. The federal MDL (No. 3026) is actively moving toward its next major test.

• Next Key Dates: Following the cancellation of earlier 2025 dates, the next wave of federal bellwether trials is now scheduled to begin in August 2026.
• Settlement Pressure: With state court verdicts consistently hitting the tens (and hundreds) of millions, the pressure on Abbott and Mead Johnson to find a global resolution is mounting.
• The Opportunity: The delay to August 2026 is actually a strategic benefit for new entrants. It provides a clear window to build inventory now—before a global settlement matrix is proposed.

Essential Criteria for Case Qualification

Unlike adult mass torts where patient memory is reliable, NEC cases rely 100% on medical records. To ensure docket quality, intake teams should adhere to the following strict qualification standards:

• Prematurity: The infant must have been born prematurely (typically <37 weeks gestation). Full-term babies rarely qualify for this specific tort as the causation link is weaker.
• Confirmed Diagnosis: The medical records must confirm a diagnosis of Necrotizing Enterocolitis (NEC). Generic terms such as “colic,” “stomach issues,” or “milk allergy” are insufficient.
• Product Exposure: The infant must have been fed Similac or Enfamil (cow’s milk-based formula) in the NICU prior to the NEC diagnosis. Infants fed exclusively human breast milk or donor milk do not qualify.
• Severity of Injury: The highest value cases involve surgical intervention (bowel resection) or wrongful death. Cases managed solely with antibiotics are viable but typically command lower settlement values.

Strategic Client Acquisition

Marketing for baby formula NEC leads requires a distinctly different approach than standard defective product campaigns. The target demographic consists of grieving parents or parents of children with lifelong disabilities.

Effective campaigns focus on “NICU parent” support networks and keywords related to premature birth complications. The messaging should avoid aggressive “Cash Settlement” language, opting instead for themes of accountability and safety. As the recent $32M verdict demonstrates, the message of corporate accountability resonates strongly with both parents and juries.

Strategic Outlook for 2026

The $32 million and $495 million verdicts are just the beginning. As the litigation approaches the August 2026 bellwether dates, the window to acquire high-quality cases at a reasonable cost per case is narrowing. Firms that establish a vetted inventory now will be best positioned for the eventual resolution phase.

Ready to add NEC cases to your docket?

MassTortsCo. specializes in empathetic, medically verified intake for sensitive birth injury cases. Contact us today to discuss our verified NEC lead inventory.