NEC Baby Formula Lawsuit

Our lawyers are handling Similac and Enfamil infant formula lawsuits for families whose premature babies suffered or died from necrotizing enterocolitis (NEC) after taking one of these formulas.  Our law firm is reviewing NEC lawsuits in all 50 states.

Medical research links cow milk-based infant formulas such as Similac and Enfamil to a dangerous neonatal medical condition known as necrotizing enterocolitis.  These newborn NEC formula lawsuits make a lot of allegations.  But at their core, they allege that the makers of these formulas knew of the risk of NEC and did nothing to warn families and give them a choice.

If your premature baby was diagnosed with NEC after being given Similac or Enfamil formula, you may be able to participate in a class action lawsuit against the formula companies and receive financial compensation for the harm that was done to your child.

Our law firm is currently seeking new preemie baby formula lawsuits to represent families who have suffered as a result of this infant formula.  Our NEC formula lawyers are bringing lawsuits against baby formula manufacturers. Three cases have already gone to trial in state court as we discuss below.

On this page, you will find:

1. The latest news and updates on the ongoing NEC infant formula litigation in federal and state courts,
2. How our toxic NEC formula lawyers believe these claims will unfold, and
3. Predicted settlement payouts if this litigation is as successful as expected.

Call our baby formula lawyers today in all 50 states at 800-553-8082.  Time may be limited to bring an NEC lawsuit.  Call our attorneys right now.

NEC Class Action Lawsuit Status Updates

I know many of you are closely following the NEC baby formula lawsuit.  So before we get into the substance of these lawsuits, let me give you a quick update on the latest in the litigation.  

May 5, 2025 – 27 New Cases Added to MDL

27 new lawsuits were added to the NEC pre-term infant formula MDL during the month of April. That is a slight increase over the 20 new cases we saw in March and it brings the total number of pending cases in the MDL up to 710.

May 2, 2025 – Bellwether Trial Dismissed

The MDL judge yesterday entered judgment in favor of Abbott Laboratories,  finding the company not liable for the death of an infant who had consumed its Similac product. The ruling comes just over a week before the case was set to proceed to trial.

This was by all accounts a very factually weak case for the plaintiffs.  So this does not come as a huge shock.

April 28, 2025 – Where Settlement Stands as We Head Towards First MDL Trial

Right now, there are about 360 active cases pending in the federal court system, specifically in the NEC Baby Formula MDL (Multi-District Litigation) centralized in the Northern District of Illinois. In addition to that, there are roughly 600 to 700 cases pending in various state courts, with the most significant concentrations in Illinois, Missouri, and Pennsylvania. That brings the total to just about 1,000 cases nationwide, give or take, depending on the most recent filings and dismissals.

Compared to other mass torts like the 3M earplug litigation, which peaked at more than 300,000 claims, this is a very manageable number. That smaller case load makes it easier for the parties to organize bellwether trials, assess settlement values, and negotiate a resolution without overwhelming the system. There are simply fewer moving parts here. Plaintiffs’ lawyers and the companies involved both know that it is far easier to settle a thousand cases than it is to settle hundreds of thousands even though the settlement payouts in these cases will be much higher than in most mass torts.  Fewer cases mean fewer unpredictable outcomes, less administrative burden, and a clearer path to figuring out fair settlement ranges.

April 1, 2025 – NEC MDL Case Count Rises to 683, Momentum Builds Before Bellwether

After a surge of 63 new filings in February—the highest monthly total since the MDL began—case volume dipped in March, with only 20 new lawsuits added. This brings the total number of pending cases in the NEC baby formula MDL to 683. The slowdown is the calm before the storm as the May 2025 bellwether trial in Mar v. Abbott Laboratories approaches. Recent verdicts—including a $495 million Missouri win and a $60 million Illinois judgment—are fueling new claims. And with the only defense verdict now vacated due to trial misconduct, plaintiffs hold a perfect win record. Expect filings to surge again after the first federal trial, especially if the jury follows the lead of state court jurors.

March 25, 2025 – New Lawsuit

New lawsuits keep coming in as families continue to hold Mead accountable for the harm caused by its cow’s milk-based infant formula and fortifier. In the latest case, a family from Lexington, Oklahoma, is suing after their prematurely born son, B.H., developed NEC after being fed Enfamil in the NICU.

The lawsuit, filed directly into the NEC formula MDL in Illinois, lays out the now-familiar claims—Mead knew for decades that its formula dramatically increases the risk of NEC in preemies but still marketed it as safe and necessary for growth. The complaint points to overwhelming scientific evidence linking cow’s milk-based formula to NEC and accuses Mead of failing to warn parents and doctors while pushing aggressive marketing strategies to get its products into hospitals.

B.H. suffered severe complications from NEC, requiring extensive medical interventions, and his family is seeking damages for the lasting harm. This case adds to the growing wave of litigation as more families take action against Mead and Abbott for their role in this crisis.

March 15, 2025 –  Plaintiffs Just Erased the One Loss They Had in NEC Baby Formula Litigation

A Missouri judge has vacated the only jury verdict that had cleared Abbott and Mead Johnson, ruling that the defense intentionally violated court orders to mislead jurors. This decision wipes out the formula makers’ lone courtroom win and reinforces what prior verdicts have shown—NEC cases are a serious liability for these companies.

This ruling confirms what we previously reported on October 31, 2024—that Abbott’s lead attorney was sanctioned and barred from closing arguments for repeated bad faith violations of court orders. At the time, the trial judge accused Abbott of trying to provoke a mistrial rather than face the evidence. Now, with the verdict overturned, it’s clear why—the defense was never playing fair to begin with.

Judge Noble found that Abbott and Mead:

• Repeatedly introduced inadmissible evidence to mislead jurors.
• Falsely claimed the plaintiff wanted all formula banned, creating fear-based bias.
• Used improper expert testimony and FDA arguments, despite prior court rulings.
• Exploited the mother’s marijuana use without any proof it caused NEC.

This ruling is a huge win for plaintiffs and signals that courts won’t tolerate defense misconduct. Abbott and Mead will appeal, but they’ve now lost their only win, and momentum is fully on the plaintiffs’ side. With prior NEC verdicts totaling nearly $500 million, the pressure is mounting for them to stop dodging accountability and start warning parents about NEC risks.

March 3, 2025 – MDL Adds 63 New Cases

We got 63 new cases added to the NEC preterm infant formula MDL during the month of February. That is the highest monthly volume in awhile for this litigation and it brings the number of pending cases in the MDL up to 663.

February 11, 2025 – Motion for Summary Judgment in the MDL

The defendants in the NEC baby formula multidistrict litigation have moved for summary judgment, arguing that the plaintiffs have failed to provide admissible expert testimony establishing that cow’s milk-based infant formula causes necrotizing enterocolitis (NEC) in preterm infants. Their argument largely hinges on their effort to exclude the plaintiffs’ expert witnesses, Dr. Logan Spector and Dr. Jennifer Sucre, under Rule 702 of the Federal Rules of Evidence. If successful, this would leave plaintiffs without the necessary expert testimony on general causation, which defendants argue is a fatal flaw requiring dismissal of all cases. But this is not likely.

This motion reads much like a “Why did you even file this lawsuit?”, which ignores that judges and juries have already rejected similar defenses and ordered the formula makers to pay substantial verdicts. In March 2024, a St. Clair County, Illinois jury awarded $60 million in damages to the family of a preterm infant who developed NEC after being fed a cow’s milk-based formula. Just a few months later, in July 2024, a Missouri jury returned a $495 million verdict against Abbott Laboratories, finding that their Similac formula contributed to a baby’s NEC diagnosis. The defendants’ motion seems to forget this.

The defense argument relies heavily on a report from the National Institutes of Health (NIH) Working Group, which stated that it is “the absence of human milk—rather than exposure to formula”—that is associated with NEC. They also cite a joint statement from the FDA, CDC, and NIH, which concluded that there is “no conclusive evidence that preterm infant formula causes NEC.”

But finding some things that might support your claim does not mean you get summary judgment. Plaintiffs’ response will cite a growing body of research and internal corporate documents suggesting that formula companies have long been aware of the risks but have failed to warn doctors or parents. The summary judgment motion, if granted, would shut down every case in the MDL, but the litigation history—including prior massive jury verdicts—suggests otherwise.

January 26, 2025 – Motion to Exclude Expert

January 9, 2025: Status Conference

There status conference in the MDL set today was postponed. It has not yet been reschedule.

January 8, 2025: Bellwether Trial Schedule

The dates for the first four bellwether trials:

1. May 5, 2025:  Mar v. Abbott Laboratories, Case No. 1:22-cv-00232
2. August 11, 2025:  K.B. v. Abbott Laboratories, Case No. 1:22-cv-05356
3. November 3, 2025: Brown v. Abbott Laboratories, Case No. 1:22-cv-02001
4. February 2, 2026: Inman v. Mead Johnson & Company, LLC, et al., Case No. 1:22-cv-0373

The hope is a global settlement before any of these trials begin.  But we will see.

January 5, 2025: 6 Cases Added to MDL

Only 6 new preterm infant formula NEC cases were added to the MDL during December. That is a notable decrease over the monthly volume we saw the prior 2 months. There are now 632 pending cases in the MDL.

December 13, 2024: State Versus Federal Court

The Judicial Panel on Multidistrict Litigation has refused to remand a lawsuit to California state court, keeping the case within the NEC MDL consolidated in Illinois federal court. The suit alleges that Similac and Enfamil formulas for premature babies caused necrotizing enterocolitis after a child was fed the formula in a hospital shortly after birth in May 2014.

According to the complaint, the child required surgery and continues to suffer long-term health consequences. The panel rejected the plaintiff’s argument that federal subject jurisdiction was lacking, noting that such objections do not typically impede transfer.

While this MDL progresses, state court cases involving NEC claims against Abbott and Mead Johnson have moved more quickly, resulting in three verdicts, including a $495 million total damages award in Missouri earlier this year and a $60 million verdict against Mead Johnson. So many plaintiffs, like this one, are looking hard at state court options.

December 2, 2024: Case Update

The NEC infant formula MDL maintained its pace from October, adding 26 new cases again in November—a 4.3% increase—bringing the total to 626 cases. Because you are seeing verdicts in state court, more lawsuits are being filed in state court in recent months.

November 26, 2024: Next Hearing

Judge Pallmeyer has scheduled an in-court status hearing for December 19, 2024, at 2:00 p.m.  The status hearing will likely address key issues, including the bellwether selection trial preparation updates, the progress of discovery, and, with any luck, settlement efforts. Both sides will present their view on trial readiness and any unresolved disputes that could impact the timeline.

November 21, 2024: Reflections on First Loss

The recent defense win in Missouri highlights the unpredictable nature of jury trials. While the plaintiffs in that case faced a setback, the verdict is unlikely to halt the momentum of the broader NEC litigation. Plaintiffs’ attorneys remain optimistic, pointing to the substantial compensatory and punitive damages awarded in prior state court trials as evidence of the litigation’s overall strength.

November 16, 2024: Donor Milk

We are seeing more NICUs prioritizing donor milk for preterm infants to reduce NEC risk. These decisions are influenced by the growing body of research linking NEC to cow milk. Does the NEC litigation also push them in the direction?  Of course.

November 1, 2024: First Loss in Missouri Trial Today

The defense verdict in Missouri yesterday will not slow the momentum of this litigation. In October, 26 new cases were added, bringing the total to over 600 pending cases. Many more are being filed in state court. Right now, the state court litigation is blowing past the MDL in terms of settling the tone of this litigation and that is causing more plaintiffs to file in state court.

Yesterday I was talking about the tea leaves pointing to a plaintiff’s victory.  You can never predict how a trial will turn out.  Defendants go their first defense verdict in Whitfield.  Plaintiffs’ lawyer were certainly confident.  They asked for $6 billion in punitive damages in closing statements.

October 31, 2024: Trial Update

October 26 2024: Trial Continues

We are into the defense case in the Whitfield trial. Defense expert  Dr. David Stevenson testified that he believes Kaine Whitfield, the child at the center of the case, has a genetic condition—possibly Kabuki syndrome—that could explain his intellectual impairments.

The family, of course, alleges his issues stem from necrotizing enterocolitis which they say was caused by Abbott’s and Mead’s cow-milk formulas given after the child’s premature birth. The child also had significant bowel removal, resulting in short bowel syndrome, impacting his nutrient absorption.

Fun fact: Dr. Stevenson never bothered to evaluate the child to form his opinions.

October 9, 2024: Status Conference Tomorrow

As we keep a hopeful eye on the Whitfield trial, there is a status conference tomorrow in the MDL. The key issues include:

1. Motions Pending: There are several motions pending, including a motion by plaintiffs to dismiss non-cancer related cases without prejudice, a motion to enforce discovery orders against L’Oréal that we have talked about, and motions to dismiss filed by multiple defendants (that are going nowhere).
2. Bellwether Process: The parties are working on establishing a bellwether process to select representative cases for early trials we told you about yesterday.
3. Defendant-Specific Discovery Issues: Several defendants, such as Strength of Nature and Namaste Laboratories, have pending motions related to document production and protective orders. Revlon has produced a significant number of documents in response to discovery requests, but plaintiffs are still reviewing these for completeness.
4. “Second-Wave” Defendants: Motions to dismiss have been filed by defendants like Advanced Beauty, John Paul Mitchell, and Wella Operations, with responses and replies being reviewed.
5. Amendment to Case Management Order 10: The parties are working on an amendment to streamline the process of identifying and tracking plaintiffs, particularly those dismissed without prejudice, to ensure compliance and ease of re-filing if necessary.

October 7, 2024: New NEC Trial

Opening statements kicked off the latest NEC baby formula trial in Whitfield v. St. Louis Children’s Hospital. Testimony will continue today.  See our October 1 update.

What sets this case apart from the other two verdicts is that the doctors are being sued.  Why would the doctors be responsible in these lawsuits?  If the doctor is going to say on the witness stand, “Sure, we knew the risks, but we went ahead and fed the infant cow-milk formula anyway and did not bother to tell the parents of the risks,” they are also responsible.  This is particularly true if, like this case, the hospital had donor milk available as an option.  What parent would not take donor milk if properly advised of the risks?

NEC baby formula cases in the MDL have pinned blame squarely on the formula makers for not slapping a big, glaring warning label of the obvious risks of the product. But when the healthcare providers say it would not have mattered anyway, they will become defendants in these cases.

October 3, 2024: “They Already Knew” Defense

One of the defense arguments in this litigation that perplexes me is the idea that you did not have to warn because of the risk of NEC with baby formula because the hospitals already knew of the risk.

September 23, 2024: NIH Funded Study on Donor Milk and NEC

A National Institutes of Health-funded study published in the Journal of the American Medical Association found that extremely preterm infants fed donated human milk had half the incidence of necrotizing enterocolitis (NEC) compared to those fed formula (4.2% vs. 9%).

The study involved 483 infants born before 29 weeks of gestation or weighing less than 1,000 grams. While the donor milk-fed infants grew slightly slower than formula-fed infants, there were no significant differences in neurological development between the two groups as measured by the Bayley Scales of Infant Development at 22 to 26 months corrected age.

The study provides strong scientific evidence that donor human milk reduces the risk of NEC in extremely preterm infants compared to formula feeding. In the context of NEC baby formula litigation, it bolsters plaintiffs’ claims by highlighting the increased risk associated with formula feeding in this vulnerable population.

September 9, 2024: Junk Science

August 26, 2024: Mar v. Abbott Laboratories Case Facts

Yesterday, we told you the Mar case was up first.  Let’s talk about the facts of this wrongful death claim.

In January 2014, a premature baby was born at Summersville Regional Medical Center in West Virginia. Weighing just 3 pounds and measuring a little over 15 inches, she was immediately transferred to the Neonatal Intensive Care Unit (NICU) at CAMC Women and Children’s Hospital in Charleston, West Virginia, where she received specialized care.

Initially, the baby was fed exclusively on breast milk provided by her mother, who worked hard to pump and supply her milk. However, on January 14th and 15th, the hospital introduced Similac Special Care 24, a cow’s milk-based product, into her feeding regimen. Shortly after, the baby developed severe symptoms, including a distended abdomen and bloody stool. She was diagnosed with NEC.

The situation rapidly worsened, and on January 15th, the baby had to undergo emergency surgery, where doctors found significant damage to her intestines, including necrosis (tissue death) and a perforation. Despite the medical interventions, the baby tragically passed away on January 16, 2014.

At the time of her death, the baby’s parents had no idea that the cow’s milk-based formula she had been fed may have caused or significantly contributed to the development of NEC.  The baby’s mother filed a wrongful death lawsuit against Abbott seeking justice for her daughter.

August 25, 2024: Parties Agree On Order Of First Four Bellwether Trials

The parties have agreed on the order of the first four bellwether trials, pending the resolution of dispositive motions and reserving the right to seek summary judgment in any of these cases. This stipulation is submitted for the Court’s consideration instead of the previously planned competing position papers. The proposed trial order is as follows:

1. Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
2. Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
3. Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
4. Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)

The parties request that the August 29, 2024, Status Conference be held remotely instead of in-person, as initially planned. The parties will be available to address any questions the Court may have.

August 17, 2024: Philadelphia Expected As Next Focal Point Of NEC Lawsuits 

NEC litigation has predominantly taken place in state courts and through federal claims within the Illinois MDL. The big verdict in  St. Louis last month has now put a spotlight on Missouri as well.

Philadelphia is poised to become the next focal point, known for being a supportive venue for victims seeking justice. NEC baby formula lawsuits in Philadelphia are not consolidated, thus no class action exists—each lawsuit is addressed on its own merits.

In Philadelphia, a distinct tactic NEC lawyers are using involves plaintiffs suing the hospitals, a move that complicates the defense for manufacturers like Mead Johnson and Abbott. Typically, defendants aim to align their defense strategies. Yet, the significant verdicts might tempt hospitals to distance themselves from manufacturers, blaming them for inadequate warnings about product risks.

The first trial in Philadelphia addressing NEC-related injuries from baby formula is anticipated to commence this spring.

August 9, 2024: Mead Johnson Files Notice To Remove NEC Lawsuit To MDL In Illinois 

Mead Johnson filed a notice to remove an NEC lawsuit to the MDL in Illinois.

The plaintiff, a Virginia resident, alleges that his premature infant daughter developed NEC and subsequently died after consuming Mead Johnson’s preterm infant formula in 2007. The defendants argue that the case meets the criteria for federal jurisdiction under 28 U.S.C. §§ 1332(a), 1441, and 1446, as the plaintiff and the Mead Johnson defendants are citizens of different states, and the amount in controversy exceeds $75,000.

Mead asserts that Abbott Laboratories and Abbott were fraudulently joined to prevent removal under the forum defendant rule since there is no claim that the child consumed any products manufactured by Abbott. The notice contends that Abbott’s involvement is a sham to obstruct the removal process. The defendants emphasize that the plaintiff’s claims against Abbott have no reasonable possibility of success under Virginia law, which governs this case, because the injury and related events occurred in Virginia

Whether this case is heard in Virginia or Illinois, Mead is going to have to offer a fair settlement or face a jury.

July 31, 2024: Plaintiffs’ Lawyers Granted Permission To Depose Five Individuals 

Things are still plodding along in the federal MDL. Plaintiffs’ lawyers were granted permission to depose five individuals by August 20, 2024:

• Dan Achimov – Worked in portfolio management and product innovation, potentially holding information on the company’s infant formula products, including those implicated in the NEC litigation.
• Brian Berg – A scientist associated with pre-clinical research on NEC and involved in product innovation at Mead Johnson, potentially providing insight into scientific studies and product development.
• Craig Hadley – Former Head of Regulatory for Infant Formula and Child Nutrition Innovation, with knowledge about Mead Johnson’s regulatory compliance and interactions with regulatory agencies.
• Daniel Secada – Senior Vice President of Nutrition, sitting on Mead Johnson’s Nutrition Leadership Team, possibly overseeing decisions related to infant formula products, including preterm infant formula development.
• Justin Wells – A marketing executive involved in project management and potential partnerships related to the key issue of cow’s milk formula alternatives, relevant to the litigation focusing on product content and marketing practices.

The court will maintain the existing deadline for the close of fact discovery on August 9, 2024, allowing for a potential limited extension if necessary for outstanding written discovery requests.

The order follows a dispute over delays in scheduling depositions and obtaining written discovery, which was partly due to Mead Johnson’s involvement in a related state-court case. The plaintiffs’ lawyers had served new discovery requests after the initial cutoff date, which Mead Johnson opposed, leading to ongoing discussions to resolve these outstanding issues.

Certainly, the MDL court feels new pressure to move these cases along with these state court cases going to verdict.

July 26, 2024: Missouri Jury Awards $495 Million In Damages 

July 19, 2024: Abbott CEO Contemplated Withdrawing Premature Infant Formula From Market

July 11, 2024: First Trial Against Abbott For Infant Formula Begins In Missouri 

The first trial against Abbott for infant formula designed for premature babies began in Missouri, with the plaintiff’s attorney arguing that Abbott’s cow’s milk-based formula, sold under the Similac brand, caused a plaintiff’s daughter to develop necrotizing enterocolitis.

This is a huge trial that will have a bellwether effect the NEC settlement amounts throughout the litigation.  This trial follows a similar case where a jury awarded $60 million to a mother whose premature baby died after receiving Enfamil infant formula made by Mead Johnson, marking the first NEC-related verdict.  See the March 15 update below.

June 30, 2024: New Lawsuit Filed In NEC MDL

A new NEC lawsuit was filed on Friday alleging that a prematurely born infant at Rose Medical Center in Denver, Colorado, developed severe health complications after being fed cow’s milk-based products. The infant, born on June 19, 2002, was given products including Enfamil Premature Infant Formula and Enfamil Human Milk Fortifier shortly after birth.

According to the lawsuit, shortly after consuming these cow’s milk-based products, the infant developed NEC. The condition, as it usually does, led to severe complications, necessitated surgery, and resulted in ongoing negative long-term health effects for the child.

The plaintiffs assert that the NEC and subsequent health issues have caused significant financial and economic losses, as well as emotional distress. They also claim that they were not informed of the risks associated with feeding cow’s milk-based products to preterm infants. The lawsuit alleges that if the mother had been aware of the potential health risks, she would not have allowed these products to be used.

It is noteworthy that NEC lawyers continue to file lawsuits for victims whose injuries occurred over twenty years ago. These are viable claims, but the challenge in many of these cases is finding the medical records from that time to support them.

May 30, 2024: New NEC Lawsuit Filed This Week Highlights The Fact That Many NEC Cases Occurred Long Ago

A NEC lawsuit filed this week underscores that many of these cases occurred long ago.  This case involves a premature infant born at 32 weeks and 6 days gestation on May 29, 2004, at Children’s Memorial Hermann Hospital in Houston, Texas. Weighing less than six pounds at birth, the infant was admitted to the NICU (Level II) and initially placed on low-volume D10W. The infant was fed Enfamil Premature 20, a cow’s milk-based formula, via continuous feedings.

Around June 1, 2004, the infant developed symptoms indicative of NEC, including emesis with abdominal distention, bloody stools, and x-ray imaging revealing dilated loops of bowel pneumatosis and portal air. Diagnosed with NEC, the infant was immediately taken off formula feedings, received blood transfusions, and was prescribed double antibiotics.

Due to worsening respiratory failure, sepsis, and increasing abdominal distension, the infant required intubation from June 3 to June 7, 2004. Subsequently, the infant was transferred to Texas Children’s Hospital NICU for continued management and remained there until being discharged home on July 23, 2004.

The lawsuit claims that the infant’s mother was unaware that the cow’s milk-based formula could cause NEC, holding the formula manufacturers accountable for the severe health complications that ensued.

May 15, 2024: MDL Judge Kept Nevada NEC Lawsuit In Illinois State Court 

In a new opinion, the MDL judge kept a Nevada NEC lawsuit in Illinois state court, where it was originally filed.  The claim at issue is a classic NEC lawsuit.  A child was born prematurely and given Mead’s formula at a Nevada hospital, leading to a diagnosis of NEC and significant medical interventions, including extensive bowel removal. The child has spastic cerebral palsy.

The backstory is an NEC lawsuit was originally filed in Illinois state court, believing that Mead maintained its principal place of business there. However, after Mead transferred the case to federal court in Nevada, it was eventually sent back to Illinois for consolidated pretrial proceedings as part of MDL No. 3026.

Two years into the case, the plaintiffs’ NEC lawyers found new evidence suggesting potential negligence by Nevada medical staff in treating the plaintiff’s child. This led to a motion to amend the complaint to include these staff as defendants and remand the case to state court due to a lack of complete diversity.

As the case evolved, an expert’s testimony pointing to the radiologist for a delay in the diagnosis of NEC led to the inclusion of that doctor as a defendant.  The destroyed complete diversity of citizenship and potentially remand the case to state court.

There are different views about whether MDL or Illinois state court is the better venue for an NEC lawsuit.  Certainly, the recent $60 million verdict helped push many attorneys into the state court camp.

April 5, 2024: New Lawyers Enter Their Appearances For Mead Johnson In MDL

A lot of new lawyers entered their appearances for Mead Johnson this week in the MDL. Could it be a coincidence? Sure. But I like to think they are rattled by that $60 million verdict.

March 15, 2024: Illinois State Court Jury Awards $60 Million To Plaintiffs In NEC Lawsuit 

An Illinois state court jury awarded $60 million to plaintiffs in a state court NEC lawsuit against Mead Johnson. The jury found that the company did not adequately warn of the risks of NEC associated with its cow’s milk-based formula for premature infants and that failure to warn led to a child’s death.

This is the first NEC failure-to-warn lawsuit to go to trial. This landmark decision is bound to bring new attention to this litigation. The jury sent a real message. Plaintiffs’ lawyers asked for $25 million, and the jury awarded $60 million. It is hard to imagine a stronger statement.

March 7, 2024: MDL Judge Tells NEC Lawyers She Is Willing To Monitor Depositions To Assure Compliance 

Judge Rebecca Pallmeyer told NEC baby formula lawyers she was willing to monitor depositions to assure compliance.   The problem for plaintiffs in most MDLs is corporate witnesses who will not answer questions.  Certainly, having a federal judge listening to your deposition testimony has a chilling impact on the urge to be noncompliant.  The judge encouraged the parties to communicate any difficulties during depositions and reiterated her availability to assist as needed.

November 1, 2023: Four Bellwether Cases Selected To Go To Trial 

Four critical “bellwether” cases have been selected to go to trial in the NEC class action lawsuit in federal court, providing insights into how juries might react to evidence presented in all related lawsuits. These trials involve cases of infant death and severe complications due to NEC after being fed the formulas. While the first trial date hasn’t been set, they are expected to begin by 2024. The outcomes of these bellwether trials could influence potential settlements or further individual trials.

You would think and hope that a NEC formula settlement will happen before, during, or immediately after this stretch of trials.  I think Mead and Abbott would be foolish to let even one of these lawsuits go forward.  If plaintiffs get a huge verdict, it will be hard to put the genie back into the bottle regarding settlement amount expectations.

But what if they do not settle after these four bellwether trials?  If no settlements are reached after the initial four trial dates, Judge Pallmeyer will likely send many individual cases back to various U.S. District Courts nationwide for their own trial dates.

July 11, 2023: Statute of Limitations Issues Expected To Be A Battle In Some NEC Lawsuits 

The issue of the statute of limitations will be a battle in some NEC lawsuits. While we’re confident plaintiffs” are on the right side of this issue in most, if not all, claims, it will be a complex battle in certain cases.

A San Francisco Superior Court judge has tentatively approved Abbott Laboratories’ motion to dismiss sixteen lawsuits related to NEC baby formula. The judge’s decision offers parents the chance to revise and refile their complaint and the battle with renew. Lawyers for the parents maintain that the two-year timeframe to file their complaints should commence only when they recognize the alleged problems with the formula. This stance tracks with established legal principles of fundamental fairness—who do you sue when the basis for your lawsuit has been kept from you?

June 28, 2023: Hayes v. Mead Johnson & Co Transferred Into NEC MDL

Hayes v. Mead Johnson & Co, LLC, et al. (3:23-cv-62) is one of the most recent cases to be transferred into the NEC infant formula class action MDL. The case was originally filed in the Southern District of Indiana by Sandra Smith, as guardian of Adam Smith.

Adam Smith was born very prematurely (23 weeks) in April 2003. After his birth, Adam was given Enfamil Premature 24 formula, a cow’s milk-based product made by Mead Johnson. Adam was given the formula 28 times in the first month of his life.

During that time, he developed various symptoms of gastrointestinal distress. He was diagnosed with NEC and had to undergo surgery to remove a section of his bowel, and continues to live with various complications. (The case is a matter of public record, but we did change the last names.)

April 1, 2023: Study From Emory University Suggest African-American Infants Are More Likely To Suffer From NEC 

A depressing but not surprising new study from Emory University suggests that African-American infants born prematurely are more likely to suffer from necrotizing enterocolitis (NEC) and die from it than white infants.  Our clients in the NEC litigation are disproportionately minorities, so the study confirms what we see on the ground.

This study underscores healthcare disparities and a lack of access to human donor milk in certain communities, which may increase the incidence of black preemie infants developing the disease from infant formula.

es in total: four chosen by the plaintiffs, four chosen by the defendants, and four randomly selected by the court. These 12 cases will then undergo fact discovery. Afterward, each side will select two cases from this group for bellwether test trials.

September 15, 2022: NEC Judge Issues First Significant CMO

Last week, the Judge in the infant formula NEC class action MDL issued her first significant case management order. Amended CMO No.7 sets the rules and time frame for selecting bellwether test cases for discovery and trials. The first step will involve the selection of a pool of 12 “bellwether discovery” cases to serve as potential candidates for test trials.  Why is this a big deal?  You never get close to a settlement in litigation like this without the pressure of a trial date.

The plaintiffs, defendants, and the court each select 4 cases to comprise this initial pool of 12 and this process will be completed by November 23, 2022.  So it is just months away. Once finalized, the 12 cases will then go through a brief fact discovery process so both sides can learn more about the cases. Once fact discovery wraps up, four cases will be selected from the pool of 12 and these 4 cases will be the initial bellwether trial cases. The bellwether trials will be scheduled 12 weeks apart and will alternate between defense pick and plaintiff pick.

August 20, 2022: NEC Attorneys Propose Plan For Bellwether Candidate Pool 

Attorneys in the NEC baby formula MDL submitted a proposed plan for the selection of a pool of bellwether candidate cases.  The plan to choose which cases go to trial first is similar to what mass tort lawyers typically see in other class action lawsuits

Under the draft order, the parties will provide the court with a list of 12 NEC lawsuits for the bellwether discovery pool, with an even number of cases involving both Abbott and Mead Johnson.

Once the pool of 12 lawsuits is selected, they will go through pre-trial fact discovery. Once discovery is completed, both sides will get to select two initial bellwether trial cases for a total of four test trials.

You can guess how this works.  Plaintiffs’ lawyers will pick the NEC lawsuits that have the best facts and are the most likely to win at trial and defense attorneys will pick the weakest cases that are most likely to lead to a defense verdict.

July 27, 2022: New Study Underscores Plaintiffs’ Claim for a Warning

NEC remains one of the leading causes of death among premature infants, according to a new medical study recently published in the journal JAMA Pediatrics. The study concluded that premature babies diagnosed with NEC increased their chances of dying by a factor of 7. Even for those infants who survive NEC, however, the study found that a majority face permanent disabilities and prolonged medical care.

July 19, 2022: New Guidelines From AAP

As concerns and lawsuits continue to grow around the link between NEC and bovine infant formula, the American Academy of Pediatrics (AAP) has issued new guidelines that recommend that parents avoid infant formula entirely for new babies. The new guidance urges hospitals to stop promoting infant formula products and instead focus on emphasizing the benefits of breastfeeding.

May 4, 2022: NEC Lawsuits Move Forward

These lawsuits are moving forward.  Our NEC baby formula lawyers are surprised by the number of parents we hear from every day interested in filing an NEC formula lawsuit.  Our attorneys are finding that the most viable lawsuits are the ones where the child was born after 2011.  The biggest problem our law firm is seeing with older claims is that finding the medical records can be a challenge.  The more recent cases are also better because the warning argument that parents and doctors should have been told of the risks gets stronger every year after 1990.  Still, our lawyers are reviewing necrotizing enterocolitis lawsuits as far back as 2001.  

April 8, 2022: MDL Panel Certifies New MDL NEC Baby Formula Class Action Lawsuit 

The MDL Panel has certified a new MDL NEC baby formula class action lawsuit.  This means any NEC lawsuit filed in federal court will be transferred to Judge Rebecca Pallmeyer, a U.S. District Court Judge in Illinois. This development will help push these lawsuits out of second gear, pushing us towards a trial date that may push Abbott and Mead to offer reasonable settlement amounts for an NEC formula lawsuit.

April 6, 2022: Illinois Supreme Court Grants Request To Consolidate About 20 NEC Formula Cases

The Supreme Court of Illinois previously granted a request to consolidate a group of about 20 NEC formula cases pending in Illinois state courts before a single judge (Dennis Ruth) in the Circuit Court for Madison County. This effectively created a mini-MDL at the state court level. Now, however, Abbott is seeking to have the consolidated cases transferred from Madison County to either Cook County (Chicago) or Lake County, under the doctrine of forum nonconveniens (inconvenient forum).  The reason the Illinois lawsuits matter is that lawsuits filed in Michigan, Ohio, Florida, or any other state might well find their way to Illinois state court.  So if you hire an NEC lawyer far away from Illinois, your baby formula lawsuit may end up in front of Judge Ruth in Madison County, Illinois. 

February 14, 2022: Enfamil Joins Abbott In Support Of Request For NEC Class Action

Last week, the manufacturer of Enfamil (Mead Johnson) joined Abbott in support of the request for an NEC baby formula class action lawsuit for all NEC claims in federal court.  This is a positive development for plaintiffs seeking to avoid active litigation in their infant formula lawsuit. The big point of contention is which court will handle the MDL class action.  The defendants want U.S. District Court in Connecticut. Why?  Their motions did a poor job of explaining that.  Baby formula lawyers for victims prefer the Northern District of Illinois for obvious reasons: both Mead and Abbott are headquartered near Chicago.

February 3, 2022: Possible State Court Class-Action In Illinois 

Our NEC lawyers are still awaiting confirmation on whether a state court class-action lawsuit will also be filed in Illinois. The Illinois Supreme Court has yet to rule. There may be two baby formula class actions pending in Illinois at one time: one in state court and the other in federal court. The formula defendants will likely consent to this class action just like they did the federal MDL. 

January 27, 2022: Medical Literature Supports Plaintiffs’ Contentions <%