The biggest development in birth injury litigation this September is a courtroom loss for families: on September 1, 2026, a federal jury in Chicago returned a full defense verdict for Mead Johnson, maker of Enfamil, in the first bellwether trial of the necrotizing enterocolitis (NEC) baby-formula cases. NEC is a serious intestinal disease that can strike premature infants; plaintiffs argue that cow's-milk-based premature formulas raise the risk and that manufacturers failed to warn.
That verdict, reported by the law firm Steptoe, is the headline, but it is not the whole picture. Birth injury litigation covers two distinct tracks: product cases against formula makers, and medical-malpractice cases against hospitals and providers. Both saw major activity this year, and the results cut in opposite directions—a defense win here, a $70 million plaintiff win in April, and a near-billion-dollar malpractice judgment in Utah.
Official resources:
- Read the original report from Sokolovelaw — Use this primary source to review the complete report.
- Read the original report from Consumernotice — Use this primary source to review the complete report.
Table of Contents
- The Enfamil defense verdict, and why it matters
- Why the results look contradictory
- A reported Abbott settlement figure—handle with care
- The malpractice track is separate—and much larger dollar figures appear there
- What a family should practically do now
- Frequently Asked Questions
The Enfamil defense verdict, and why it matters
The September 1 verdict came in the case of plaintiff Alexis Inman, whose son Daniel died in 2020 of NEC-related shock. According to Steptoe, the two-week trial before Senior Judge Rebecca Pallmeyer ended after roughly five hours of jury deliberation, rejecting claims that Enfamil Premature formula was defectively designed and carried inadequate NEC warnings. This was the first NEC MDL bellwether to reach a jury.
A "bellwether" is a test case chosen from a large group; its result signals how similar claims may fare and often shapes settlement talks. A defense verdict here strengthens the manufacturers' hand. It does not end the litigation. As reported by Drugwatch, more than 800 NEC complaints remain pending against Mead Johnson (Enfamil) or Abbott (Similac) in the consolidated MDL 3026 in the Northern District of Illinois.
Why the results look contradictory
Two juries in the same MDL reached opposite conclusions within months. In April 2026, a Chicago jury awarded $70 million to four families whose children developed NEC after using Abbott's premature formula, per reporting compiled by Verus. In September, a different jury cleared Mead Johnson entirely. That split is normal, not a mistake.
Different defendants, different products, different facts, and different juries produce different verdicts. One case turned on Abbott's Similac; the other on Mead Johnson's Enfamil. For a family weighing a claim, the lesson is that outcomes are case-specific. An early win or loss in a bellwether shifts leverage but does not decide an individual's compensation.
A reported Abbott settlement figure—handle with care
September coverage also mentioned a $670 million Abbott settlement, noted by Consumer Notice. Treat this as reported and unconfirmed, not a court-entered global settlement.
Primary court records confirming it were not available. This distinction matters for readers. A "circulating" figure in news coverage is not the same as an approved settlement with a claim process, deadlines, and payout formulas.
- Confirmed: the September 1 Mead Johnson defense verdict and the April $70 million Abbott verdict.
- Reported but unconfirmed: the $670 million Abbott settlement figure.
- If you see a settlement website promising a fixed payout today, verify it against the actual court docket or your own attorney before acting.
The malpractice track is separate—and much larger dollar figures appear there
Medical-malpractice birth injury cases are a different legal path: they target hospitals and clinicians, not product makers. The dollar figures can be enormous. A Utah judge found Steward Health Care liable for the botched 2019 delivery of Azaylee McMicheal—hypoxic-ischemic encephalopathy tied to excessive Pitocin and a delayed C-section—and entered a roughly $951 million judgment, the largest such award in Utah history, as reported by Nurse.org.
A judgment is not the same as money in hand. Collection here is doubtful: Steward filed for bankruptcy in 2024 and withdrew from the defense, so the family may recover far less than the number suggests. Smaller, more typical resolutions give a truer sense of scale. Merson Law's Summer 2026 newsletter reported nearly $12 million in total settlement value in a single birth injury case, alongside an $81.25 million verdict in its wider malpractice practice.
What a family should practically do now
If you believe your child was harmed by formula or by delivery care, the two tracks have different defendants, deadlines, and evidence. Sorting out which applies is the first step.
For perspective on malpractice recoveries, Sokolove Law reports recovering more than $1.1 billion cumulatively for birth-injury families, with recent individual settlements including $10.5 million (Missouri cerebral palsy), $10.4 million (Pennsylvania), and $9.67 million (Massachusetts). Those are firm-reported figures, and your own case may differ widely.
- Identify the injury and cause: NEC after premature formula points toward the product MDL; oxygen deprivation or delivery errors point toward malpractice.
- Gather records early: NICU charts, feeding logs, and delivery notes are the core evidence.
- Watch the clock: malpractice deadlines (statutes of limitations) vary sharply by state and can be short.
- Consult a lawyer before signing anything, and be skeptical of guaranteed-payout claims.
Frequently Asked Questions
Does the September defense verdict end the NEC formula lawsuits?
No. More than 800 complaints remain pending in MDL 3026, per Drugwatch; the verdict is one bellwether result, not a dismissal of the litigation.
Is there an Abbott NEC settlement I can file a claim in right now?
A $670 million figure appeared in September coverage, but Consumer Notice frames it as reported and unconfirmed. Verify against the court docket or an attorney before assuming a claim process exists.
Why did the Utah family win $951 million but may collect little?
Steward Health Care filed for bankruptcy in 2024 and withdrew from the defense, so, as Nurse.org reports, actual collection on the judgment is doubtful.
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