Necrotizing enterocolitis (NEC) is a life-threatening intestinal disease that primarily affects premature infants. In recent years, growing concern has surrounded the use of cow's milk-based baby formula and its possible connection to NEC. As awareness increases, many parents are asking: How does a Necrotizing Enterocolitis lawsuit work? This article breaks it down step-by-step to help families understand the legal process and their options.
What Is Necrotizing Enterocolitis (NEC)?
NEC is a serious gastrointestinal condition that causes inflammation and death of intestinal tissue. It most commonly affects premature or low-birth-weight babies in neonatal intensive care units (NICUs). Symptoms may include:
Swollen belly
Greenish or bloody vomit
Refusal to feed
Lethargy
Blood in stool
If untreated, NEC can lead to intestinal perforation, infection, long-term health complications, or even death.
Why Are NEC Lawsuits Being Filed?
Lawsuits related to NEC typically allege that manufacturers of cow’s milk-based baby formula, like Similac (Abbott) and Enfamil (Mead Johnson), failed to warn parents and healthcare providers of the potential risks to premature babies.
Multiple studies have shown that preemies fed cow’s milk-based formula are at a significantly higher risk of developing NEC compared to those fed breast milk or human milk-based alternatives.
Families are suing because they believe:
The formula companies knew (or should have known) about these risks.
They failed to provide adequate warnings on their packaging or marketing materials.
Their negligence directly led to harm, medical complications, or death of infants.
Who Can File a Necrotizing Enterocolitis Lawsuit?
You may be eligible to file an NEC lawsuit if:
Your child was born prematurely.
They were fed Similac, Enfamil, or another cow’s milk-based formula in a hospital or NICU.
They developed NEC and suffered serious injuries or passed away.
In some cases, even extended family members or legal guardians may have legal standing. Speaking with an experienced NEC lawsuit attorney is the best way to determine eligibility.
How Does the NEC Lawsuit Process Work?
1. Initial ConsultationThe first step is reaching out to a qualified attorney or law firm experienced in product liability or birth injury lawsuits. Most offer free consultations to review your case.
During this step, you'll need to provide:
Medical records of your child
Feeding history (types of formula used)
Diagnosis and treatment documentation for NEC
Any communications with healthcare providers
If the lawyer believes your case is strong, they will help you file a claim against the appropriate manufacturer(s). These are typically civil lawsuits filed in state or federal court.
Depending on the number of similar cases, your lawsuit may be grouped with others in a mass tort or multi-district litigation (MDL). This helps streamline the process for cases with common facts but allows each to be evaluated individually for damages.
3. Discovery PhaseThis is where both sides exchange information. Your legal team will gather expert testimony, internal company documents (if available), and scientific research to prove:
The formula increased NEC risk
The manufacturer failed to warn consumers
The formula caused your child’s injuries or death
Most product liability lawsuits are settled out of court. If the evidence is strong, the formula manufacturer may offer a financial settlement to avoid going to trial.
Settlement amounts vary, but damages may include:
Medical bills
Long-term care costs
Pain and suffering
Funeral expenses (in wrongful death cases)
Emotional distress
If no fair settlement is reached, your case may go to trial. Your attorney will present your evidence before a judge or jury. If successful, the court may award compensatory or punitive damages.
NEC Lawsuit Timeline: How Long Does It Take?
The full process may take several months to a few years, depending on:
The complexity of your case
Whether it’s part of an MDL
If the case goes to trial or settles early
Because these are sensitive cases involving infants, many law firms work quickly to help families get justice and closure.
Why Filing Early Matters
Each state has a statute of limitations—a legal deadline for filing a lawsuit. In many states, the clock starts ticking when the injury occurs or when the parent discovers the connection to NEC.
To avoid losing your right to sue, it’s best to speak with an NEC attorney as soon as possible. Early action also ensures better access to medical records and evidence.
What to Look for in an NEC Lawsuit Lawyer
Choosing the right attorney can make a big difference in your outcome. Look for firms that:
Specialize in birth injury or product liability cases
Have handled NEC or baby formula lawsuits
Work on a contingency fee basis (you pay nothing unless they win)
Offer free, no-obligation case reviews
The Growing Legal Momentum Behind NEC Claims
As of 2025, hundreds of NEC-related lawsuits are being filed or are already active. Many have been consolidated into MDLs, making it easier for affected families to pursue justice together.
The goal is not just financial compensation—but also accountability. Lawsuits help raise awareness and push companies to prioritize infant safety in product development and labeling.
Final Thoughts: Is an NEC Lawsuit Right for You?
If your premature baby developed NEC after being fed Similac, Enfamil, or another cow’s milk-based formula, you may have grounds for legal action. The process starts with a simple conversation with an attorney who understands the science, the law, and the emotional toll these cases bring.
Don’t wait. Protect your child’s legacy and hold companies accountable. A Necrotizing Enterocolitis lawsuit could provide the justice—and support—your family deserves.