No parent should ever have to bury their child. When a premature infant dies from necrotizing enterocolitis (NEC) in the NICU, the grief is compounded by the knowledge that the death may have been preventable. NEC wrongful death lawsuits give families a path to hold responsible parties accountable — whether that means the formula manufacturer, the hospital, or both.
Juries in specific NEC cases — including some that involved the death of an infant — have awarded substantial verdicts, with the largest on the public record being the $495 million Missouri jury verdict against Abbott in July 2024. Those are facts about specific cases and do not predict what any other family’s case may or may not recover. This page explains your family’s legal rights, the categories of claims available in wrongful-death cases, and how to take the first step.
NEC Death Cases: What Juries Have Awarded
Multiple juries have returned substantial verdicts in NEC cases involving the death of a premature infant:
A Missouri jury found Abbott Laboratories liable for the death of a premature infant who developed NEC after being fed Similac. The verdict included $95 million in compensatory damages and $400 million in punitive damages.
An Illinois jury held Mead Johnson responsible for the death of a premature infant who developed NEC after being fed Enfamil. This was the first major plaintiff verdict in the NEC litigation.
A Connecticut judge awarded $32 million to the parents of a premature baby who died after being rapidly fed cow’s milk–based formula in the NICU. This case also involved hospital negligence claims.
These verdicts demonstrate that juries understand the devastating impact of NEC on families and are willing to impose significant consequences on manufacturers and hospitals that failed in their duty of care.
Two Types of Legal Claims: Wrongful Death & Survival Actions
When a baby dies from NEC, families may have two separate but related legal claims. Understanding the difference is important because they compensate for different types of harm.
Wrongful Death Claim
Compensates the parents and family for their losses caused by the baby’s death.
- Loss of companionship and parental bond
- Emotional distress and mental anguish
- Funeral and burial expenses
- Loss of child’s future earnings
Survival Action
Compensates the baby’s estate for the suffering endured before death.
- Baby’s pain and suffering before death
- Medical expenses incurred before death
- Punitive damages (in many states)
- Other damages the baby could have claimed
Important: In many NEC death cases, both a wrongful death claim and a survival action can be filed simultaneously. This maximizes the total compensation available to the family. The $495 million Missouri verdict, for example, included both compensatory and punitive damages.
Who Can Be Held Liable?
NEC wrongful death claims can be brought against multiple parties depending on the circumstances:
Formula Manufacturers
Abbott Laboratories (Similac) and Mead Johnson/Reckitt (Enfamil) are the primary defendants in NEC litigation. Claims allege they knew cow’s milk–based formula increased NEC risk in premature infants and failed to warn hospitals, doctors, and parents.
Hospitals & NICU Staff
If the hospital failed to follow proper feeding protocols, delayed switching to breast milk when available, missed early NEC symptoms, or provided substandard neonatal care, the hospital may also be liable through a medical malpractice claim.
Both Manufacturer & Hospital
Many NEC wrongful death cases involve claims against both the formula manufacturer and the hospital. This “dual claim” approach ensures that every responsible party is held accountable and maximizes available compensation.
Statute of Limitations: Time Is Critical
Every state imposes a deadline to file a wrongful death lawsuit. These deadlines — called statutes of limitations — typically range from one to three years from the date of death, depending on the state.
Some states apply a “discovery rule,” which starts the clock when the parents knew or should have known that the death was caused by the defendant’s conduct. This can extend the filing deadline in cases where the connection between formula and NEC was not immediately apparent.
Medical malpractice claims against hospitals often have separate (and sometimes shorter) statutes of limitations, and may require additional steps such as a certificate of merit from a medical expert before filing.
Do not wait. If your baby died from NEC, contact an attorney as soon as possible. Missing the statute of limitations means losing your right to file a claim permanently — regardless of how strong your case is.
What to Expect in an NEC Wrongful Death Case
Free Case Evaluation
We review your baby’s medical records, NICU stay details, and the circumstances of the NEC diagnosis and death. There is no cost and no obligation.
Investigation & Medical Review
Our team works with medical experts to establish what happened, which products were used, and whether the standard of care was met. We identify every responsible party.
Filing the Lawsuit
We file wrongful death and/or survival action claims against the manufacturer, hospital, or both. Your case may be filed in state court or joined to the federal MDL depending on the strongest strategic position.
Negotiation or Trial
Many cases resolve through settlement negotiations. If the defendants refuse to offer fair compensation, we are prepared to take your case to trial. No Fees Unless We Recover Money for You.
Frequently Asked Questions
Can I file a wrongful death lawsuit if my baby died from NEC?
Yes. If your premature baby died from NEC in the NICU, you may have a wrongful death claim against formula manufacturers, the hospital, or both. Every state allows parents to bring wrongful death claims for the death of a child.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the parents for their losses — loss of companionship, emotional distress, funeral expenses. A survival action compensates the baby’s estate for the suffering the baby endured before death. In many NEC cases, both claims can be filed.
What damages are available in an NEC wrongful death lawsuit?
Damages can include medical expenses before death, funeral and burial costs, loss of companionship, emotional distress, loss of the child’s future earnings, and in many states, punitive damages to punish the manufacturer or hospital.
How long do I have to file an NEC wrongful death lawsuit?
The statute of limitations varies by state, typically one to three years from the date of death. Some states have discovery rules that may extend the deadline. Contact an NEC attorney as soon as possible to protect your rights.
Does it cost anything to talk to a lawyer about my baby’s NEC death?
No. The Alvarez Law Firm offers free, confidential case reviews. We handle NEC wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family.
We Are Here for Your Family
If your baby died from NEC, you don’t have to face this alone. As fathers ourselves, we understand the weight of losing a child. Let us fight for your family.