Case guide

NEC Records: Feeding, Care and Claim Proof

Gathering records after a baby’s NEC diagnosis? Keep the care reports, exact feeds and dates.

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Updated Oct 4, 202617 sources

This may apply to you if

  • Gather the exact formula and feeding history if you have it.
  • Prepare the NEC diagnosis and later care records for legal review.
  • Ask who has authority to act for the child and which law applies.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

Kenneth F. Ripple · United States Court of Appeals for the Seventh Circuit · Circuit Judge, author of the July 2026 opinion

Finding: The five-case opinion reverses federal jurisdiction reasoning and sends the cases back for further proceedings. It does not decide formula causation or personal damages.

Seventh Circuit: Abdullah and related NEC jurisdiction appeals (opens in a new tab) · Jul 28, 2026 · Checked Oct 3, 2026

The evidence and its limits

National Advisory Council of Child Health and Human Development working group, NICHD · 2024

NICHD working-group review of NEC science and feeding

Design:
Agency review
Participants:
Not applicable: scientific review and research recommendations, not one patient cohort
Finding:
NEC has many risk factors. Human milk is protective but does not remove all risk; feeding mechanisms remain uncertain.
Main limitation
Evidence often shows association. Small or observational studies and uncertain definitions limit conclusions; this report supplies no clinical-management guidance.

Read the source: NICHD working-group review of NEC science and feeding (opens in a new tab) · Checked Oct 3, 2026

The short answer

Which clinical records should I keep first?
Keep the NICU course, tests and diagnosis reports. Include surgery and follow-up records if they exist. Ask the provider what is missing from the timeline. [5]
How should I identify the actual feeds?
Keep the full product names and recorded feeding dates. Distinguish base feeds from added fortifiers. Mark uncertain details rather than guessing the formula from a broad brand. [6]
Who may ask for the child’s records?
Ask who has the right to get the child’s files. A parent often has that right, but there are exceptions. After a child’s death, ask which legal role is needed. [7]
Can there be charges or access limits?
There are rules and exceptions for access to health files. Ask about allowed costs and missing notes. This guide does not promise free copies for all requests. [8]

What rules a case out

Not covered by this case

  • No missing feed or diagnosis detail should be invented.
  • Not every relative may receive all health files.
  • Record gathering does not file a lawsuit or prove a brand’s fault.

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

Gathering records after a baby’s NEC diagnosis? Keep the care reports, exact feeds and dates. Ask who may obtain missing files. A record checklist does not decide cause, acceptance or payment.

Which clinical records should I keep first?

Keep the NICU course, tests and diagnosis reports. Include surgery and follow-up records if they exist. Ask the provider what is missing from the timeline.

NEC assessment can involve belly imaging and blood or stool testing. The documented findings establish what was observed, rather than a cause inferred from a legal page. Label later recollections as recollections instead of rewriting the clinical report.

How should I identify the actual feeds?

Keep the full product names and recorded feeding dates. Distinguish base feeds from added fortifiers. Mark uncertain details rather than guessing the formula from a broad brand.

FDA distinguishes routine infant formulas from special products for clinical needs. NICHD treats feeding and fortification as separate research questions. A receipt, package and hospital administration chart have different roles; ask the team which one identifies the feed actually given.

Who may ask for the child’s records?

Ask who has the right to get the child’s files. A parent often has that right, but there are exceptions. After a child’s death, ask which legal role is needed.

HHS explains that law, custody and circumstances can affect authority. Not every relative or helper is automatically entitled to all records. Ask what documents or permissions the covered provider needs for the particular request.

Can there be charges or access limits?

There are rules and exceptions for access to health files. Ask about allowed costs and missing notes. This guide does not promise free copies for all requests.

HHS generally permits reasonable copying and mailing costs for patient access, but not search or retrieval charges. Its guidance includes limits affecting third-party delivery. Confirm the actual request path and recipient rather than assuming every transfer has the same terms.

What should I ask while records are sought?

Ask which legal time limit needs checking and what action is next. Confirm the receiving firm and written costs. A pending request does not protect a filing date.

General court guidance makes deadlines depend on law and claim type. An online inquiry is not a complaint. Read fees and case-expense terms before legal work, and confirm permissions before sending a child’s sensitive records.

Find out where you stand.

The review is free and private. Asking for it doesn’t commit you to anything.

Register your interest

Sources

  1. Seventh Circuit: Abdullah and related NEC jurisdiction appealsSeventh Circuit: Abdullah and related NEC jurisdiction appeals · court
  2. Northern District of Illinois: MDL3026 public case pageNorthern District of Illinois: MDL3026 public case page · court
  3. Colaizy et al.: donor milk or preterm formula randomized trialColaizy et al.: donor milk or preterm formula randomized trial · study
  4. NICHD: NEC working group report, September16,2024NICHD: NEC working group report, September16,2024 · regulator
  5. MedlinePlus: necrotizing enterocolitisMedlinePlus: necrotizing enterocolitis · regulator
  6. FDA: infant formula information for parents and caregiversFDA: infant formula information for parents and caregivers · regulator
  7. HHS: personal representatives and children’s recordsHHS: personal representatives and children’s records · regulator
  8. HHS: Your Medical RecordsHHS: Your Medical Records · regulator
  9. ABA Model Rule1.5: feesABA Model Rule1.5: fees
  10. SDNY: how long to file a complaintSDNY: how long to file a complaint · court
  11. U.S. Courts: civil casesU.S. Courts: civil cases · court
  12. Seventh Circuit: judges of the courtSeventh Circuit: judges of the court · court
  13. Collins v. Mead Johnson (Missouri state court, St. Louis): jury returned a full defense verdict for Mead Johnson in an NEC trial brought by Cadence Collins over her daughter's NEC after Enfamil Premature 24 — decided on specific causation, less than three weeks after the Watson reversal. No damages awarded. Verified via CityAM report of the July 2, 2026 verdict quoting the company statement.cityam.com · Jul 2, 2026
  14. Watson $60M verdict REVERSED: Appellate Court of Illinois, Fifth District (2026 IL App (5th) 240936, filed 06/12/26) reversed and remanded for a new trial. Panel held the trial court erred on the learned-intermediary doctrine (duty to warn runs to physicians, not the mother) and admitted excessive evidence of Mead Johnson's finances, tainting the trial. Verified directly from the appellate opinion PDF (court record via CourtListener).storage.courtlistener.com · Jun 12, 2026
  15. Gill $495M verdict UPHELD: Missouri appellate court on May 6, 2026 affirmed the full $495 million award ($95M compensatory / $400M punitive) against Abbott, calling Abbott's conduct 'significantly reprehensible' and finding it failed to warn consumers or change formula ingredients. Abbott said it strongly disagrees and will seek further appellate review (Missouri Supreme Court). Verified via wire story on Yahoo Finance; the appeals court subsequently declined to transfer the case to the Missouri Supreme Court (June 2026, per search results — transfer denial not independently fetch-verified).finance.yahoo.com · May 6, 2026 · court
  16. Gill v. Abbott (St. Louis, MO state court): jury (9 of 12) awarded $495 million — $95M compensatory + $400M punitive — to Margo Gill, whose daughter Robynn developed NEC after being fed Abbott's cow's-milk-based preterm Similac formula at Cardinal Glennon Children's Hospital following premature birth in 2021. Largest NEC formula verdict to date. Verified via First Alert 4 (KMOV St. Louis) local press.firstalert4.com · Jul 26, 2024
  17. Watson v. Mead Johnson (St. Clair County, IL Circuit Court, No. 21-L-1032): unanimous jury awarded Jasmine Watson $60 million on strict-liability failure-to-warn and negligence claims over the NEC death of premature infant Chance Dean fed Enfamil Premature 24 — first NEC formula trial verdict in the nation. Verdict amount and claims independently confirmed by the Illinois appellate opinion (2026 IL App (5th) 240936). Date per plaintiff-firm Keller Postman announcement (law-firm source — flagged; amount court-record-confirmed).kellerpostman.com · Mar 14, 2024

Checked against 13 primary sources by People's Justice editors · Updated

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