If you’re a parent who’s been dealing with the pain and confusion of a Necrotizing Enterocolitis (NEC) diagnosis after feeding your baby a cow milk-based formula like Similac or Enfamil, you’ve probably heard about the ongoing lawsuits.
And more importantly, you might be wondering how much these lawsuits could actually result in, how NEC lawsuit settlement amounts are determined, and what factors make one case worth more than another.
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Severity of the Child’s Condition
This is probably the most important factor. The more severe the child’s NEC case, the more likely it is that the settlement will be higher. If the baby had surgery, spent weeks in the NICU, ended up with long-term problems like short bowel syndrome, or passed away, these are cases where the family could receive a much larger amount.
Some families have already received massive verdicts. One trial resulted in a $495 million verdict for a baby girl who developed NEC after being fed Similac.
Another case saw $60 million awarded to a mother whose baby died after using Enfamil. These aren’t average, but they show how seriously the courts are taking these cases.
Current and Future Medical Costs
Medical bills for NEC aren’t just a one-time thing. There are emergency surgeries, long hospital stays, follow-up visits, ongoing medications, and maybe even therapy or future surgeries as the child grows.
All of that adds up. So when lawyers calculate a fair settlement, they include not just what’s already been spent, but what’s going to be spent in the future too.
And it doesn’t stop with medical bills. If the parents had to move closer to a hospital, travel constantly for appointments, or stop working to take care of their child, those financial hits are also factored in.
Emotional Damages
Losing sleep, living in fear, dealing with the emotional pain of watching your baby suffer or even pass away are all life-changing events. The law recognizes that, and so pain and suffering are a big piece of these settlements.
If a baby doesn’t survive, the emotional trauma on the parents can be devastating, and the settlement amounts reflect that.
On the other hand, even if the baby survives, families may still face long-term emotional stress that affects their daily lives. That’s taken into account too.
Weight of Evidence
If there’s clear proof that the baby developed NEC after being fed Similac or Enfamil, and that there were no warnings about the risks, that strengthens the case a lot.
Some families have strong medical records, expert witnesses, and scientific research backing them up. In those situations, the chances of a higher payout go up. On the flip side, if there’s not enough proof or if the connection between the formula and the illness is weak, it’s harder to win a large settlement.
In fact, one case didn’t go well for the family because they couldn’t show that a safer formula was available, or that Abbott (the Similac manufacturer) had failed to warn properly. So, absolutely, the strength of the evidence really matters.
Your Lawyer’s Competence
More than you might think. A skilled attorney who knows how these cases work can collect the right documents, bring in experts, and present your case in a way that gets attention. They can also guide you through the process, explain what to expect, and fight for the compensation your family deserves.
Some law firms, like the ones handling the current NEC lawsuits, have already secured massive verdicts and are deeply involved in the litigation. That experience can make a big difference in the final amount a family receives.
Is There an Average NEC Baby Formula Settlement Amount?
Yes, but it comes with a huge asterisk. Lawyers estimate that average payouts could range from $50,000 to over $500,000, depending on the case details. And some projections say that if global settlements are reached, they could even go higher, possibly into the millions for the most severe cases. But again, these are just general ranges. Nothing is promised, and every case is unique.
Already, more than 700 lawsuits have been bundled into what’s called multidistrict litigation (MDL). This helps streamline everything and allows test cases, called bellwether trials, to play out first. These early cases help both sides understand how juries are reacting and what realistic settlements could look like.
The next bellwether trials are scheduled for August 2025, November 2025, and February 2026. These could be game changers in terms of how future NEC lawsuit settlement amounts are decided.
Have Any NEC Settlements Been Finalized Yet?
Only a few. The lawsuits are still ongoing, and no massive group settlement has been reached yet. But the verdicts we have seen so far, like the $495 million and $60 million cases, suggest that the courts are taking these claims seriously.
As more bellwether trials happen, they’ll set the tone for future payouts and possibly even lead to a large-scale settlement that affects hundreds of families.