NEC Baby Formula Lawsuits: Second-Wave Bellwether Trials Set for August 2026

Judge Rebecca R. Pallmeyer has scheduled three new Similac NEC bellwether trials for August 2026, November 2026, and February 2027 in the Northern District of Illinois. The second wave comes after a first round that never reached a jury—the court granted summary judgment to Abbott Laboratories in three consecutive cases on expert evidence issues. Meanwhile, state court juries have told a different story: a $495 million verdict in Missouri in July 2024 and a $60 million verdict in Illinois in March 2024.

More than 750 cases remain pending in the federal MDL. The split between federal dismissals and nine-figure state verdicts has created one of the sharpest jurisdictional divides in active mass tort litigation. With the first second-wave trial five months out, the preparation window is closing.

The Federal-State Divide

The NEC formula litigation presents a stark contradiction. In federal court, Abbott has won every bellwether. In state court, plaintiffs have secured some of the largest verdicts in recent mass tort history.

The federal losses trace back to expert evidence. Judge Pallmeyer excluded key plaintiff expert testimony under the federal Daubert standard, which requires scientific testimony to meet reliability and relevance thresholds before reaching a jury. Without that testimony, the court granted summary judgment to Abbott in all three first-wave cases. The rulings did not address the underlying science—they turned on whether plaintiffs' experts presented their opinions in a way that satisfied Daubert requirements.

State courts operate under different rules. Missouri and Illinois both apply more permissive expert evidence standards, and juries in both states found the causation evidence compelling. The Missouri jury awarded $495 million after hearing testimony linking cow's-milk-based formula to NEC in premature infants. Illinois produced a $60 million verdict four months earlier. A defense verdict in Missouri state court in October 2024 showed that state juries can go either way—but when they hear the full evidence, the plaintiffs' case has produced substantial awards.

What's Coming in the Second Wave

The second-wave bellwether schedule targets Similac products specifically, with all three cases naming Abbott Laboratories:

• August 2026 — First second-wave trial
• November 2026 — Second trial
• February 2027 — Third trial

The selection of Similac-only cases narrows the product focus. The broader MDL includes claims against both Abbott (Similac) and Mead Johnson/Reckitt (Enfamil), but these test cases will center on Abbott's product line.

The core allegation remains the same: manufacturers failed to warn that cow's-milk-based formula increases the risk of necrotizing enterocolitis in premature infants. NEC is a life-threatening intestinal condition that primarily affects preterm babies, and published research has linked formula feeding to higher NEC rates compared to breast milk.

The Medical Records That Make or Break These Cases

NEC formula cases hinge on medical documentation more than most mass torts. The central factual question—what was the infant fed, and when—lives in hospital records that are often fragmented across multiple providers and systems.

NICU records are the foundation. These documents capture feeding type (formula vs. breast milk vs. a combination), volumes administered, and the timing of each feeding. For premature infants who spent weeks or months in neonatal intensive care, feeding logs can span hundreds of pages across multiple facilities.

Gestational age documentation establishes that the infant was premature—a threshold requirement, since NEC primarily affects preterm babies. Birth records, prenatal care files, and neonatology admission notes all contribute to this picture.

Product identification is the most critical and most difficult element. Feeding logs must show the exact product used—Similac, Enfamil, or another brand. In cases against Abbott, proving the infant received Similac specifically is essential. Hospital formulary records and nursing notes are often the only source for this information.

NEC diagnosis and treatment records complete the chain: pathology reports, surgical records for bowel resection or other interventions, and follow-up care documentation. In fatal cases, autopsy reports may also be necessary.

The challenge is that these records are scattered. A premature infant may be born at one hospital, transferred to a Level III or IV NICU at another, and receive follow-up care at a third facility. Retrieving the complete record set from every provider in the chain is the difference between a case that survives summary judgment and one that doesn't.

What Firms Should Prepare Now

The August 2026 trial date creates a five-month window. For firms with cases in the MDL or evaluating new NEC claims, the preparation checklist is straightforward.

The Bottom Line

The NEC formula litigation is entering its second act. Three new federal bellwether trials between August 2026 and February 2027 will determine whether plaintiff firms can overcome the expert evidence hurdles that ended the first wave. The stakes are clear: state juries have valued these cases in the hundreds of millions, but federal cases have yet to reach a jury at all.

For firms handling NEC claims, the next five months are about closing record gaps and strengthening expert presentations. The court has identified the deficiencies. The question is whether the second wave addresses them.

Sources: AboutLawsuits (second wave), AboutLawsuits (Similac trials), Drugwatch (failed bellwether), Drugwatch (summary judgment), AboutLawsuits (defense verdict), Jurimatic ($495M verdict). Case data current as of March 2026.