As stated in a press release issued by Abbott on August 20, 2026, Abbott has reached agreements with three law firms to resolve the Gill case and claims involving approximately 2,000 other individuals relating to the company’s specialty formulas for preterm infants.

In July 2024, a St. Louis jury awarded the plaintiff in the Gill case $495 million in damages. Abbott appealed the verdict to the Missouri Court of Appeals in December 2024, but the appeal was denied. Rather than continuing to appeal or paying approximately $600 million, representing the Gill judgment plus accrued interest to date, Abbott entered into agreements to resolve the Gill case as well as necrotizing enterocolitis (NEC) claims asserted on behalf of approximately 2,000 additional infants for an aggregate amount of approximately $670 million.

The agreements follow a series of favorable rulings for preterm formula manufacturers in federal and state courts, including victories in all three federal Multidistrict Litigation (MDL) bellwether cases. In July 2026, the U.S. Court of Appeals for the Seventh Circuit affirmed a pretrial judgment for Abbott in the first federal MDL bellwether case involving the company’s preterm infant formulas. In June 2026, the Illinois Appellate Court reversed a $60 million verdict against Mead Johnson, finding that the trial court failed to properly apply the learned intermediary doctrine governing a manufacturer’s duty to warn, a defense relevant in a substantial number of cases. In March 2026, a Florida state court, applying the learned intermediary doctrine, also dismissed claims involving preterm infant formula.

While Abbott remains confident in the safety of these products and the science supporting them, the company believes these agreements are in its best long-term interest and represent a constructive step toward substantially resolving the overall litigation.

Following these agreements, there are roughly 1,700 lawsuits pending in federal and state courts involving claims on behalf of approximately 12,700 individual infants. That population includes claims on behalf of individuals who named both Abbott and Mead Johnson without identifying which manufacturer’s formula was administered, individuals diagnosed with NEC before receiving any formula, individuals who were never diagnosed with NEC, and individuals who appear in multiple lawsuits in different jurisdictions. Abbott continues to work to identify and eliminate such claims and others like them.

What is NEC?

Necrotizing enterocolitis, or NEC, is an inflammatory intestinal disease, which typically affects premature infants. Challenges associated with prematurity – such as an underdeveloped intestinal tract and immature immune system – can combine to lead to NEC, which explains why infants born the most prematurely are at the highest risk of NEC. 

What is preterm infant formula?

Preterm infant formulas are specialty formulas that are designed to meet the unique nutritional needs of preterm and low-birth-weight infants, who need more calories and nutrients than full-term infants to survive and thrive. Thus, these products differ from infant formulas for full-term infants that are sold in stores directly to parents and caregivers. For decades, Abbott has researched, developed and produced these specialized nutrition products, and today Abbott is one of only two companies in the U.S. providing these products. FDA regulates preterm infant formula and has not asked for changes or additions to the ingredients or label. Abbott complies with all applicable FDA regulations.

Source (Abbott Press Release)

If your premature baby suffered Necrotizing Enterocolitis (NEC) after being fed formula, you should promptly find a NEC lawyer who may investigate your birth injury medical malpractice claim for you and represent you and your loved one in a NEC malpractice case, if appropriate.

Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find birth injury malpractice attorneys in your state who may assist you.

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