Latest NEC Baby Formula Lawsuit Updates:
As of September 2024, there are 571 NEC baby formula lawsuits pending in the Northern District of Illinois under MDL 3026, overseen by U.S. District Judge Rebecca Pallmeyer. While no settlements or jury verdicts have been reached in the federal MDL, notable state court cases in Illinois and Missouri have resulted in significant awards.
In March 2024, an Illinois jury awarded $60 million to the mother of an infant who died from NEC after consuming Enfamil. In July 2024, a Missouri state court jury awarded $496 million to a family whose baby girl developed NEC after consuming Abbott’s premature infant formula in the NICU.
Judge Pallmeyer has tentatively scheduled the first MDL bellwether trial for May 2025.
Our legal team continues to research court documents and collaborate with experts to provide updates and keep you informed on key developments in the litigation.
Need help filing a NEC Baby Formula Claim?
Check if a top attorney can seek compensation for you.
Baby Formula Litigation Timeline:
July 2024
- A jury in St. Louis, Missouri, awarded $495 million to the family of a baby girl who developed NEC after being fed Abbott’s premature infant formula in the NICU. The child suffered irreversible neurological damage and will require lifelong care. This is the second major trial following a $60 million verdict in Illinois.
June 2024
- Judge Pallmeyer released a scheduling order, confirming that the first bellwether test trial could take place in May 2025. The close of fact discovery is expected by August 2024.
May 2024
- MDL Judge Pallmeyer ruled that plaintiffs must provide specific evidence proving that an infant ingested a Mead Johnson product to name the company as a defendant in NEC baby formula lawsuits.
March 2024
An Illinois jury awarded $60 million to the mother of a premature infant who died from NEC after being fed Enfamil baby formula.
February 2024
Judge Pallmeyer scheduled hearings for several sealed motions filed by plaintiffs for March 2024.
December 2023
- Four bellwether cases were selected, but trial dates were not yet confirmed.
April 2023 - December 2022
- Litigation continued with discovery negotiations, and Science Day was scheduled for May 2023 to present medical and scientific issues to the court. Several bellwether cases were selected, with plaintiffs and defendants each choosing four.
MDL 3037
A separate class action MDL 3037 for Abbott’s recalled formulas is ongoing in Illinois, unrelated to the NEC baby formula lawsuits.
The substantial jury verdicts from 2024 have had a positive impact on plaintiffs’ strategies. Attorney Brandan Smith noted that “considerable jury verdicts can significantly influence litigation, encouraging settlements and setting legal precedents.”
Who Qualifies to File an NEC Baby Formula Lawsuit?
If your premature or low birth weight infant was diagnosed with NEC after being fed cow’s milk-based formulas like Similac or Enfamil, you may be eligible to file an NEC lawsuit. Time limits, called statutes of limitations, apply, so it’s essential to contact an attorney to preserve your right to file a claim.
You may qualify to file if:
- Your child developed NEC
- Your child consumed formula containing cow’s milk protein
- Your child was born prematurely or had a low birth weight
Your NEC lawyer may help you find out if your baby was fed Similac or Enfamil in the hospital, especially if you’re unsure. Make sure to provide the hospital’s name and location. Also, keep any packaging, receipts, or proof of purchase from the formula as evidence for your lawsuit.
See if You Qualify for a Lawsuit
Find out how much your birth injury lawsuit payout could be?
Finding an NEC Baby Formula Lawyer
To connect with an experienced baby formula lawyer, click on our free case evaluation link. Our legal partners specialize in mass torts and complex litigations like NEC baby formula lawsuits and have recovered billions in compensation for clients.
Choosing the right lawyer is crucial. We recommend finding an attorney experienced in large-scale litigation involving corporations like Mead Johnson and Abbott Laboratories. Baby formula lawsuits require extensive legal knowledge and experience in gathering scientific evidence and proving cases in court. Look for a law firm with a track record of obtaining settlements and jury verdicts.
Why Are Parents Filing NEC Baby Formula Lawsuits?
Parents are filing lawsuits against Mead Johnson and Abbott Laboratories for failing to warn about the risk of NEC linked to their cow’s milk-based baby formulas, like Enfamil and Similac. Research shows that preemies fed these formulas are at higher risk for NEC, a serious and sometimes fatal intestinal disorder.
Many parents who have lost infants to NEC are holding baby formula companies accountable and hoping to prevent future tragedies. Marie Smith, who filed a lawsuit after her premature infant died from NEC, says, “This is a feeling I would not wish on anyone… I feel like people have been lied to.”
Did your premature baby develop NEC after being fed Similac or Enfamil?
Understanding NEC and the Dangers to Preterm Infants
NEC is a gastrointestinal disease that primarily affects premature and low birth weight infants. Symptoms often start with feeding intolerance and can progress to severe infections, intestinal perforation, and systemic sepsis. In some cases, surgery is required to remove parts of the intestines, leading to lifelong complications. Tragically, NEC can be fatal in up to 30% of cases.
Studies have shown that preterm infants fed cow’s milk-based formulas like Enfamil and Similac are at a significantly higher risk of developing NEC compared to those fed human milk.
Many parents who have lost infants to NEC are holding baby formula companies accountable and hoping to prevent future tragedies. Marie Smith, who filed a lawsuit after her premature infant died from NEC, says, “This is a feeling I would not wish on anyone… I feel like people have been lied to.”
NEC Claims in Baby Formula Lawsuits
Parents are suing for:
- Failure to warn about NEC risk
- Marketing formulas as safe despite known risks
- Emotional distress and financial losses from NEC-related injuries or death
Studies on NEC:
- 1990: NEC is 6-10 times more common in exclusively formula-fed preemies
- 2009: Human milk-fed preemies are 90% less likely to develop surgical NEC
- 2014: NEC leads to death in up to 30% of preterm infants
Many parents who have lost infants to NEC are holding baby formula companies accountable and hoping to prevent future tragedies. Marie Smith, who filed a lawsuit after her premature infant died from NEC, says, “This is a feeling I would not wish on anyone… I feel like people have been lied to.”
Cow’s Milk Baby Formula Brands in NEC Lawsuits
Enfamil and Similac are the primary brands involved, but other cow’s milk-based formulas like Gerber, Happy Baby, and Parent’s Choice have also been cited. Studies show that preemies fed these formulas are more likely to develop NEC than those fed exclusively on breast milk.
Baby formula brands mentioned in NEC lawsuits include:
- Avacare
- Baby’s Only
- Bobbie
- Earth’s Best
- Enfamil
- Gerber
- Happy Baby
- Holle
- Lebenswert
- Loulouka
- Kendamil
- Parent’s Choice
- PediaSure
- Similac
Have Enfamil and Similac Been Recalled?
Enfamil and Similac have not been recalled specifically for their link to NEC. However, there have been isolated recalls due to product tampering and contamination, such as Abbott’s February 2022 recall for potential bacterial infections in Similac, EleCare, and Alimentum formulas.
