A Cook County jury awarded $70 million to four Illinois families on April 10, 2026, finding that Abbott Laboratories defectively designed its Similac Special Care formula and failed to warn of the risk of necrotizing enterocolitis in premature infants. The verdict, reached in Cook County Circuit Court in Chicago, includes $53 million in compensatory damages and $17 million in punitive damages. It is Abbott's second trial loss in the NEC infant formula litigation and the first verdict against the company in Illinois state court.
Case at a Glance
- Total Verdict: $70,000,000
- Compensatory Damages: $53,000,000
- Punitive Damages: $17,000,000
- Case Type: Product Liability - Defective Design / Failure to Warn
- Court: Cook County Circuit Court, Chicago, Illinois
- Verdict Date: April 10, 2026
- Plaintiffs: Four Illinois mothers (names not publicly released)
- Defendant: Abbott Laboratories
- Plaintiff Attorney(s): Ben Whiting, Senior Partner, Keller Postman
- Defense Attorney: Hariklia Karis, Partner, Kirkland & Ellis
What Did the Jury Find Abbott Liable For?
The jury found Abbott liable on three separate grounds: defective product design, failure to warn consumers of the risk of necrotizing enterocolitis, and negligence leading to the infants' injuries. All four verdicts were unanimous.
The four lawsuits were filed in 2022 and consolidated for trial. Each case involved a premature infant fed Similac Special Care while hospitalized at a Chicago-area medical center between 2012 and 2019. The children all survived NEC but continue to experience lasting health complications. Three of the four underwent surgery.
Attorneys for the mothers argued that Abbott's cow's milk-based formula is unreasonably dangerous for premature infants and that the company failed to place adequate warnings on its labeling. Plaintiff attorney Grimsley told jurors directly: "Formula is harmful. It increases the risk of NEC. It caused and contributed to all four plaintiffs' NEC."
What Is NEC and Why Does It Matter for Premature Infants?
Necrotizing enterocolitis is a severe intestinal disease in which the lining of the intestine becomes inflamed and begins to die. It predominantly strikes premature infants and carries a mortality rate exceeding 20 percent. For families in the NICU, an NEC diagnosis is one of the most feared outcomes.
Research has established an association between cow's milk-based formula in premature infants and higher rates of NEC. The plaintiffs' legal theory was that Abbott knew about this association for years and continued marketing Similac Special Care to hospital intensive care units without adequate warnings.
Abbott has consistently denied that its formula causes NEC. Defense attorneys argued that the infants had multiple other risk factors, including their prematurity itself and antibiotic use, and pointed to a 2024 joint statement from the FDA, CDC, and a National Institutes of Health working group concluding that the absence of breast milk rather than formula exposure is associated with increased NEC risk.
Who Represented the Plaintiff Families?
The four families were represented by Ben Whiting, Senior Partner at Keller Postman, a national litigation firm that has been at the center of the NEC baby formula litigation.
Whiting released a statement following the verdict: "The jury's verdicts on behalf of these four infants confirm once again what Abbott has known for years and chosen to ignore: that Abbott's cow's milk-based formula causes NEC in premature infants, often with devastating and irreversible consequences. Four families walked into that courtroom asking for justice, and four families received it. We are so proud to have stood beside them, and we are not done."
Keller Postman previously secured the first-ever trial verdict holding a cow's milk-based formula manufacturer liable for NEC, a $60 million verdict against Mead Johnson in St. Clair County, Illinois, in 2024.
What This Verdict Means for 1,700+ Pending Lawsuits
Abbott currently faces more than 1,700 lawsuits in state and federal courts across the country over its preterm infant formula products. The Cook County verdict is the latest in a series of state court wins for plaintiffs and stands in contrast to the federal multidistrict litigation, where cases have moved slowly.
By April 2026, there were 782 cases pending in the federal MDL overseen by Chief Judge Rebecca R. Pallmeyer in the U.S. District Court for the Northern District of Illinois. Judge Pallmeyer stopped three bellwether cases from going to trial in 2025, frequently ruling in Abbott's favor on summary judgment. The federal and state court trajectories have diverged sharply.
For the broader litigation, the Cook County result matters. It is Abbott's second state court loss. A St. Louis jury previously awarded $495 million against Abbott in a separate NEC case. Both that verdict and Thursday's verdict have been appealed by Abbott.
Abbott's CEO has previously suggested the company could discontinue its preterm infant formula if litigation continued, a prospect that has alarmed neonatologists who view the product as medically necessary for some premature infants.
Conclusion
The $70 million Cook County verdict against Abbott Laboratories is one of the largest product liability verdicts of 2026 and adds significant momentum to what is shaping up to be one of the most consequential mass tort litigations in the country. For plaintiff families, it is a confirmation that juries will hold manufacturers accountable when the evidence shows they knew of risks and failed to act.
If your premature infant developed NEC after being fed Similac or another cow's milk-based formula in the NICU, verdicts like this one show what juries are willing to award when the evidence is strong and the attorney is prepared. Find a plaintiff lawyer on Major Verdict who has the trial record to back it up.
FAQ
Q: What is necrotizing enterocolitis (NEC)? A: Necrotizing enterocolitis is a life-threatening intestinal disease that primarily affects premature infants. The condition causes the lining of the intestine to become inflamed and die and carries a mortality rate above 20 percent. Infants who survive NEC often face long-term health complications and, in serious cases, require surgery.
Q: What is the difference between compensatory and punitive damages in this verdict? A: Compensatory damages are awarded to cover the actual losses suffered by the plaintiffs, including medical expenses, pain and suffering, and future care costs. Punitive damages are awarded separately and are intended to punish a defendant for conduct the jury finds especially reckless or willful. In this case, the jury awarded $53 million in compensatory damages and then returned an additional $17 million in punitive damages against Abbott.
Q: What does this verdict mean for other NEC lawsuits against Abbott? A: Abbott faces more than 1,700 NEC-related lawsuits in state and federal courts. State court plaintiffs have won the cases that have gone to trial, while federal court cases have largely stalled. Each verdict that holds Abbott liable increases pressure on the company to consider settlement and establishes that juries are willing to hold formula manufacturers accountable when they find the evidence supports it.
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