Jury selection in Cook County is set to kick off this week in a closely watched courtroom battle over Abbott Laboratories’ specialized cow milk products for premature infants. Four lawsuits, filed by Illinois parents, claim the products caused necrotizing enterocolitis in preterm babies and that Abbott failed to warn hospitals and families about the risk. Abbott denies the allegations. The combined trial is expected to last roughly six to eight weeks and could set the tone for hundreds of similar cases around the country.
According to the Chicago Tribune, jury selection is scheduled to begin on Wednesday in the Cook County Circuit Court. The four cases, all filed in 2022, involve infants born at Chicago area hospitals between 2012 and 2019. Plaintiffs’ lawyers say the local trial could help spur settlements that narrow the broader multidistrict litigation, while Abbott’s legal team points to scientific uncertainty over what actually causes NEC. Judges in Cook County will be weighing competing medical experts and dense clinical records as jurors are asked to sort through complicated scientific evidence.
Case Background
Abbott disclosed in its annual filing with the SEC that, as of Jan. 31, 2026, about 1,760 lawsuits were pending in federal and state courts alleging that its preterm infant products caused NEC. The filing notes that the federal cases have been consolidated for pretrial proceedings in the U.S. District Court for the Northern District of Illinois and that several early bellwether cases ended with summary judgment rulings. Abbott told investors it will continue to vigorously defend the products and has appealed state court verdicts that went against the company.
Previous Verdicts and What’s at Stake
Earlier trials have swung between eye-popping awards and reversals. A Missouri jury in July 2024 ordered Abbott to pay about $495 million, and an Illinois jury in a separate case awarded around $60 million, as reported by Reuters. Those outcomes have been appealed or, in some instances, retried, underscoring how unpredictable individual jury trials can be compared with the more managed pace of federal multidistrict litigation. Hospitals, neonatologists, and policy groups have warned that ongoing litigation could influence clinical supply and treatment decisions if manufacturers change how they market or distribute specialty formulas.
Science and the Debate
Medical authorities emphasize that science is anything but simple. A 2024 joint statement highlighted by the American Academy of Pediatrics says there is “no conclusive evidence” that preterm infant formula causes NEC, while a lack of human milk is strongly associated with higher NEC risk. Researchers describe NEC as a multifactorial condition tied to prematurity, immature gut defenses, and other clinical stresses. Reviews on PubMed Central underline the clinical complexity that judges and juries will be asked to navigate.
Legal Implications for Cook County and Beyond
Plaintiffs’ attorneys argue that the Cook County trial could nudge Abbott toward broader settlements and provide a blueprint for dozens of other state and federal cases. Elizabeth Kaveny told the Chicago Tribune that the cases “can hopefully lead to meaningful settlement discussions between the parties.” Abbott, for its part, maintains that its products are safe when used as directed and has appealed adverse rulings elsewhere, setting up the possibility of lengthy appellate battles. Judges will be weighing scientific studies, hospital charts, and internal corporate documents that plaintiffs say show the company had notice of potential risk.
Next up, the jury selection process will offer the first real look at how both sides plan to translate dense expert testimony into something laypeople can work with. Early rulings on what evidence the jury can hear could affect how long the trial lasts. Expect sharp fights over which experts qualify, which medical studies get in front of jurors, and whether any serious settlement talks emerge as the Cook County case moves forward.
