NEC Formula Verdicts & Appeals Tracker
Updated August 3, 2026. The NEC litigation has produced large state-court verdicts and a run of federal defense wins, and the appellate picture is genuinely complicated. Gross plaintiff verdicts total about $625 million; the amount still standing after appeals is about $565 million. None is final, and there is no settlement. This page is updated on every appellate move.
Key Takeaways
- Gross plaintiff verdicts total about $625 million; about $565 million still stands after appeals, and none is final
- The $495M Gill verdict was affirmed but unpublished; Abbott is applying to the Missouri Supreme Court
- The $60M Watson verdict was reversed June 12, 2026 on learned intermediary grounds
- Federally, the first three bellwethers were dismissed on causation, and the Seventh Circuit affirmed one on July 24, 2026
- There is no settlement; verdicts are not a guide to individual case value
The full record
| Case | Venue | Verdict | Status |
|---|---|---|---|
| Gill v. Abbott | St. Louis, MO (state) | $495M plaintiff ($95M compensatory + $400M punitive) | Affirmed May 5, 2026 (unpublished); transfer denied June 22, 2026; Abbott applying to the Missouri Supreme Court. Not final. |
| Cook County consolidated (4 plaintiffs) | Cook County, IL (state) | $70M plaintiff ($53M compensatory + $17M punitive) | April 9-10, 2026. Post-trial status not verified. |
| Watson v. Mead Johnson | St. Clair County, IL (state) | $60M plaintiff | Reversed June 12, 2026 in a published opinion applying the learned intermediary doctrine; new trial. |
| Whitfield | St. Louis, MO (state) | Defense | Vacated March 13, 2025; new trial ordered; on appeal. |
| K.H. | St. Louis, MO (state) | Defense | July 2, 2026; stands. Jury found against the plaintiff on specific causation. |
| Mar v. Abbott | MDL-3026 (federal) | Defense summary judgment | Affirmed by the Seventh Circuit July 24, 2026 on warning causation. |
| Diggs v. Abbott | MDL-3026 (federal) | Defense summary judgment | July 2025. |
| Third federal bellwether | MDL-3026 (federal) | Defense summary judgment | October 2025. |
| Inman v. Mead Johnson | MDL-3026 (federal) | Survived summary judgment May 8, 2026 | First federal NEC case where a plaintiff causation expert cleared a pretrial challenge. Trial date not publicly verified. |
These are jury verdicts and court rulings. The underlying claim, that cow's-milk-based preterm formula increases the alleged risk of NEC, remains contested. Dollar figures are jury verdicts, not settlement values or projections. There is no settlement in this litigation.
Federal and state courts are diverging
The single most important thing to understand is that federal and state courts have gone different ways. In the MDL, the early bellwethers were dismissed on summary judgment for the defense, with the court applying the Daubert reliability standard strictly to the fit between plaintiffs' general-causation experts and each infant's gestational age and weight. No federal NEC bellwether has reached a jury, and the Seventh Circuit affirmed one of those dismissals in Mar v. Abbott on July 24, 2026. The lone federal bright spot for plaintiffs is Inman v. Mead Johnson, which survived summary judgment in May 2026; its trial date is not publicly verified.
State juries have been more receptive, producing the $495 million Gill, $70 million Cook County, and $60 million Watson verdicts. But state appellate courts have started to pull those back. The Watson verdict was reversed on learned intermediary grounds, the Gill affirmance was unpublished and is now before the Missouri Supreme Court on Abbott's application, and a St. Louis defense verdict in the K.H. case stands, with the jury finding against the plaintiff on specific causation.
The honest read is that the verdict totals look large, but the trend line is running against plaintiffs on causation, and nothing is final. That is exactly why a running, sourced tracker is more useful here than a headline number.
Frequently Asked Questions
How much have NEC juries awarded?
Is the $495 million Gill verdict final?
What did the Seventh Circuit decide?
Is there a NEC settlement?
Sources & References
5 sources cited• Seventh Circuit opinion in Mar v. Abbott (July 24, 2026)
• Missouri appellate affirmance of Gill v. Abbott (May 5, 2026, unpublished); transfer denied June 22, 2026
• Illinois Fifth District reversal of Watson v. Mead Johnson (June 12, 2026, published)
• State-court verdict reporting for the Cook County consolidated trial, Whitfield, and K.H.
• U.S. District Court, Northern District of Illinois: MDL-3026 bellwether rulings
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Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.