Baby Formula NEC Lawsuit

August 29, 2024

A Missouri jury recently awarded $495 million to a young girl from Illinois who developed necrotizing enterocolitis (NEC) after consuming specialized infant formula manufactured by Abbott Laboratories.

This verdict sets an important precedent for future NEC lawsuits, particularly those involving claims against makers of formula for premature infants.

Several key deadlines are approaching in the NEC litigation:

• October 28, 2024: Defendants must file reports from general and case-specific experts for all selected trials.
• November 2, 2024 – January 10, 2025: Expert depositions will take place during this time.
• November 15, 2024: Parties must submit rebuttal expert reports.
• February 28, 2025: Summary judgment and Daubert motions for all trial selections are due.
• March 14, 2025: Replies in support of summary judgment and/or Daubert motions must be filed.
• March 24, 2025: Hearings on summary judgment and Daubert motions are scheduled.

These deadlines will significantly impact the direction of the NEC litigation, as each step plays a critical role in determining the outcomes of the ongoing cases.

If your loved one has consumed cow’s milk-based infant formulas and subsequently developed NEC, contact us today for a free consultation. 

You can also utilize the chatbot on this page for immediate case evaluation and to connect with our NEC Lawyers.

August 1, 2024

The Baby Formula NEC lawsuit is ongoing.

On July 1st, there were 534 cases pending in the Toxic Baby Formula MDL in the Northern District of Illinois.

By August 1st, this number had slightly increased to 538 filings.

This rise in cases reflects ongoing concerns and increased awareness about the risks associated with toxic baby formulas, as well as the impact of significant trial verdicts in recent months.

Necrotizing enterocolitis (NEC) is a serious condition affecting the intestines of premature infants, often leading to severe health complications or death.

Toxic baby formulas have been linked to an increased risk of NEC, prompting many affected families to file lawsuits against manufacturers for failing to warn about these dangers.

If you or a loved one has been affected, contact TruLaw for a free consultation. 

You can also use the chatbot on this page to see if you qualify instantly.

July 29, 2024

The Baby Formula NEC lawsuit is ongoing.

A jury in St. Louis has ordered Abbott Laboratories to pay $495 million in damages after finding the company’s specialized formula for premature infants caused a dangerous bowel disease known as necrotizing enterocolitis (NEC) in an Illinois girl.

The Jury awarded $95 million in compensatory damages and $400 million in punitive damages.

The lawsuit was brought by Margo Gill on behalf of her daughter, Robynn, who developed NEC after being given Abbott’s Similac formula while in a neonatal intensive care unit.

NEC primarily affects premature infants and has a high fatality rate, causing the death of bowel tissue.

Robynn survived but suffered irreversible neurological damage due to the illness and will require long-term care.

The verdict was supported by 9 of 12 jurors, meeting the requirement for a civil case decision in Missouri.

Abbott Laboratories strongly disagrees with the verdict and intends to appeal the decision, arguing that their product did not cause Robynn’s condition.

Abbot maintains that there is no scientific evidence linking their preterm infant products to NEC.

The company stated that specialized formulas and fortifiers are essential options for feeding premature infants and are part of the standard care in the medical community.

This trial is the first of many similar claims against Abbott Laboratories and other formula makers like Reckitt Benckiser, with nearly 1,000 lawsuits filed in federal and state courts.

Previous litigation against Reckitt resulted in a $60 million jury verdict, which is currently being appealed.

If you or a loved one has been affected, contact TruLaw for a free consultation. 

You can also use the chatbot on this page to see if you qualify instantly.

July 1, 2024

The NEC Baby Formula Lawsuit is ongoing.

The Toxic Baby Formula NEC lawsuit involves claims that certain baby formulas are linked to necrotizing enterocolitis (NEC), a severe intestinal condition in premature infants.

This lawsuit seeks to hold manufacturers accountable for the harm caused by these formulas.

In June, there were 514 Toxic Baby Formula NEC lawsuit filings.

By July, this number increased to 534, reflecting growing awareness of the risks associated with toxic baby formula.

Toxic baby formula can cause NEC by inflaming and damaging the intestinal tissue, leading to severe complications such as infections, intestinal perforation, and even death in premature infants.

These serious health risks have prompted more families to join the Toxic Baby Formula NEC lawsuit.

If you or a loved one has been affected, contact TruLaw for a free consultation. 

You can also use the chatbot on this page to see if you qualify instantly.

June 14, 2024

The Toxic Baby Formula Lawsuit is ongoing. 

A report from the Department of Health and Human Services’ Office of Inspector General criticizes the U.S. Food and Drug Administration (FDA) for its slow response to alerts of manufacturing problems at a Similac infant formula facility in Michigan.

Despite receiving whistleblower complaints as early as February 2021, the FDA’s action was delayed, leading to severe consequences.

The criticized facility, operated by Abbott Laboratories, was linked to a substantial recall in February 2022.

This recall involved multiple formulas, including Alimentum, Elecare, and Similac, which were found contaminated with Salmonella Newport and Cronobacter sakazakii.

The contamination resulted in infant fatalities and numerous other illnesses.

The oversight report identified a critical lapse in the FDA’s process: whistleblower complaints were inadvertently archived instead of being escalated.

This error contributed to a 15-month delay in addressing the critical issues at the facility.

Additionally, the report pointed out the FDA’s limited authority to compel manufacturers to report potential contaminations promptly, which hindered timely intervention in manufacturing problems.

In response to these findings, the Office of Inspector General has recommended several improvements for the FDA.

These include enhanced training on whistleblower policies, better inspection procedures, and strengthened recall authority to prevent future outbreaks.

Legally, the fallout from these oversight failures has been significant.

Over 80 Similac food poisoning lawsuits have been filed by affected families.

These cases are now consolidated under U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois for coordinated pretrial proceedings.

It is important to note that these lawsuits are distinct from the NEC Baby Formula Lawsuits, although Similac products are implicated in both litigations.

For families affected by NEC after consuming cow’s milk-based baby formulas, our firm offers free consultations to discuss potential legal actions.

For immediate assistance or case evaluation, please use the chatbot on this page to contact our NEC Lawyers directly.

If your loved one has consumed cow’s milk-based infant formulas and subsequently developed NEC, contact us today for a free consultation. 

You can also utilize the chatbot on this page for immediate case evaluation and to connect with our NEC Lawyers.

June 10, 2024

The Toxic Baby Formula Lawsuit is ongoing. 

A new lawsuit has been filed against Mead Johnson & Company, LLC, claiming that its Enfamil infant formula caused the plaintiff’s child to develop necrotizing enterocolitis (NEC) after consuming the cow’s milk-based product.

The lawsuit criticizes Mead Johnson for not adequately addressing the known higher risks of NEC associated with cow’s milk formulas like Enfamil and Similac, despite ongoing research.

The company is accused of continuing to market these products for premature infants.

This case is part of a larger set of national lawsuits against Mead Johnson and Abbott Laboratories, the maker of Similac, alleging that both companies put profits ahead of consumer safety by failing to adequately warn families and healthcare providers about the risks.

The filing states that the child, born prematurely in September 2007, was fed Enfamil premature infant formula and Enfamil Human Milk Fortifier, leading to severe health issues and surgery after developing NEC.

The lawsuit notes that neither the child’s mother nor her healthcare providers were informed of the increased risk of NEC from these formulas, especially in premature infants.

This claim is among over 500 similar cases consolidated under U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois.

If your loved one has consumed cow’s milk-based infant formulas and subsequently developed NEC, contact us today for a free consultation. 

You can also utilize the chatbot on this page for immediate case evaluation and to connect with our NEC Lawyers.

June 3, 2024

The Toxic Baby Formula Lawsuit is ongoing. 

The NEC lawsuits pertain to allegations that cow’s milk-based infant formulas substantially contribute to the development of Necrotizing Enterocolitis (NEC) in premature infants, a severe gastrointestinal condition that can cause significant health issues or even death.

The Toxic Baby Formula Lawsuit is actively ongoing.

The legal actions pertain to allegations that cow’s milk-based infant formulas substantially contribute to the development of Necrotizing Enterocolitis (NEC) in premature infants, a severe gastrointestinal condition that can cause significant health issues or even death.

From May to June, the number of filed cases in the NEC Lawsuit increased from 406 to 514.

NEC mainly affects premature infants by causing inflammation and necrosis (death of tissue) in the intestines, potentially leading to intestinal perforations, severe infections, and fatalities.

Survivors often endure long-term complications, such as intestinal strictures and short-gut syndrome, which significantly impact their quality of life.

The scientific evidence presented in the NEC Lawsuit supports a strong link between the use of cow’s milk-based infant formulas and a higher incidence of NEC in premature infants.

Research indicates that preterm infants who are exclusively fed human milk-based diets have considerably lower rates of NEC than those given cow’s milk-based formulas.

If your loved one has consumed cow’s milk-based infant formulas and subsequently developed NEC, contact us today for a free consultation. 

You can also utilize the chatbot on this page for immediate case evaluation and to connect with our NEC Lawyers.

May 29, 2024

The Baby Formula NEC Lawsuit continues.

A recent court ruling in the NEC litigation has implemented new verification protocols for lawsuits concerning infant formulas, notably for brands such as Similac and Enfamil.

This directive impacts actions against formula manufacturers, including Mead Johnson, which produces Enfamil.

Under this new rule, plaintiffs must demonstrate that the specific brand of formula—Similac or Enfamil—was indeed linked to their allegations.

For cases involving Mead Johnson (Enfamil), verification through hospital records or subpoenas is necessary to confirm that Enfamil was actually used.

The court order outlines essential steps for plaintiffs:

1. Plaintiffs should review medical and feeding records to verify the use of the product before proceeding with legal action.
2. If these records are inconclusive or fail to identify the specific products used, plaintiffs’ lawyers may issue subpoenas to healthcare providers to obtain needed information.
3. Plaintiffs are required to provide medical records and other relevant documents within set deadlines.
4. Where necessary, subpoenas must be served between 21 to 30 days after the lawsuit begins, depending on the case specifics.
5. Plaintiffs can also request sales and contract information from Mead Johnson if the records indicate the use of formula but do not confirm the manufacturer.

This directive is designed to streamline litigation by ensuring that only substantiated claims move forward, reducing speculative lawsuits and concentrating efforts on legitimate cases of injury linked to specific products.

If no evidence surfaces of Mead Johnson’s products being used, plaintiffs must either dismiss Mead Johnson from the lawsuit or revise their complaint accordingly.

Non-compliance could lead to the dismissal of claims against Mead Johnson.

If your child has developed necrotizing enterocolitis and you suspect it’s due to infant formula, you might be eligible to file a lawsuit.

Or use the chatbot on this page for a free and immediate case evaluation.

May 22, 2024

The NEC lawsuit remains active.

On May 13, 2024, a new lawsuit was filed in the US District Court for the Northern District of Illinois concerning cow’s milk-based infant formulas.

The lawsuit specifically targets Mead Johnson & Company, LLC, and Mead Johnson Nutrition Company.

The plaintiff claims that their premature infant, who was fed Enfamil HMF 24, developed Necrotizing Enterocolitis (NEC), necessitating critical surgery.

The lawsuit originates from a diagnosis made in 2006, and Mead Johnson is anticipated to invoke a statute of limitations defense to avoid liability.

For families facing similar issues, understanding the statute of limitations is essential. The timeframe to initiate a NEC lawsuit varies by state, typically ranging from 2-3 years from the injury date.

However, the “discovery rule” in NEC cases may extend this period depending on when the connection between the formula and NEC was discovered or reasonably should have been discovered.

Steps to file an NEC lawsuit include:

1. Consultation: Engage with an NEC Baby Formula lawyer to evaluate your case and verify eligibility. An instant case evaluation can also be conducted using the chatbot on this page.
2. Gather Evidence: Assemble all pertinent evidence, including medical records and product details.
3. Filing a Lawsuit: Your attorney will assist in preparing and submitting the necessary legal documents to commence the lawsuit.

These formulas, commonly used in neonatal intensive care units, have been implicated in numerous lawsuits.

Key evidence in these cases includes:

• Medical Records: Essential documentation of your child’s NEC diagnosis and treatment, including hospital records that detail the formula’s administration and the subsequent medical response.
• Product Information: Proof of the specific formula used, available through purchase receipts, hospital records, or product packaging.
• Expert Testimony: Statements from medical experts that confirm a causal relationship between the consumed formula and the development of NEC can significantly bolster the case.

We assist families in navigating the complexities of the statute of limitations and other challenges associated with Toxic Baby Formula Lawsuits.

If your loved one has consumed cow’s milk-based infant formulas and subsequently developed NEC, contact us today for a free consultation. 

You can also utilize the chatbot on this page for immediate case evaluation and to connect with our NEC Lawyers.

May 13, 2024:

Researchers from Emory University have published a study examining the effects of racial disparities and limited access to human milk on the rates of necrotizing enterocolitis (NEC) among infants.

The research indicates that Black infants are 2.5 times more likely to develop NEC compared to white infants.

A 2011 US Surgeon General warning emphasized the heightened risk of NEC in premature infants who are not breastfed, a condition that predominantly affects this group.

In Georgia, the absence of a donor breast milk bank presents a significant obstacle in providing critical nutrition that could help prevent NEC.

This issue was underscored in an Illinois NEC failure-to-warn lawsuit, where formula manufacturer Mead Johnson was deemed liable for not sufficiently disclosing the risks of its cow’s milk-based formula, resulting in a $60 million jury award to the plaintiffs.

This case has set a precedent for numerous similar lawsuits.

The study highlights the link between racial disparities and the increased incidence of NEC in Black infants, pointing to larger systemic issues such as access to healthcare.

Despite the lack of a local milk bank, hospitals such as Piedmont Healthcare and Atrium Health Floyd Medical Center have implemented donor milk programs, significantly reducing NEC instances.

These programs, however, depend on out-of-state milk donations.

Advocacy efforts have led to the establishment of MedMilk, which seeks to create Georgia’s first milk bank.

If your child has suffered from NEC, you may be eligible to file a lawsuit. 

Contact us for a free consultation, or use the chatbot on this page for an instant case evaluation.

May 1, 2024:

The NEC Baby Formula Lawsuit is currently active.

According to the latest filings, there are 496 NEC Baby Formula Lawsuits pending in the multidistrict litigation (MDL), with 43 new cases added in the past month.

These lawsuits allege that cow’s milk-based infant formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants, a severe and potentially fatal gastrointestinal condition.

Trials for the NEC Baby Formula cases are scheduled for this summer.

Our law firm is actively representing families whose children were adversely affected by these formulas. 

In a notable case, a trial verdict recently awarded $60 million to a plaintiff after their premature baby developed NEC from a formula produced by Mead Johnson.

If your child has consumed cow’s milk-based infant formulas and developed NEC, please contact us today for a free consultation.

You can also use the chatbot on this page for an instant case evaluation and to connect with our NEC Lawyers.

The NEC Baby Formula litigation is advancing, with significant court dates set for 2024.

The latest updates from the Judicial Panel on Multidistrict Litigation (JPML) reveal 453 pending cases in the NEC Baby Formula MDL, an increase from 405 cases as of March 1st.

Increasing numbers of families are bringing forward allegations that certain infant formulas have led to their children developing Necrotizing Enterocolitis (NEC), a grave gastrointestinal disorder.

In a recent landmark case, a jury awarded a $60 million verdict to the plaintiff against formula manufacturer Mead Johnson in the inaugural NEC Baby Formula Trial.

The forthcoming trial in this series is slated for July 9th, 2024.

These lawsuits allege a connection between cow’s milk-based infant formulas and NEC in preterm infants, accusing manufacturers of not sufficiently warning about the risks these products pose.

Given NEC’s potential for severe outcomes, including death, the legal proceedings underline the critical need for awareness among both parents and healthcare providers regarding the dangers associated with these formulas.

If your infant has suffered from NEC after being fed baby formula, consulting with legal professionals might be essential. 

For further details or to arrange a no-cost consultation, please reach out or utilize the chatbot on this webpage for prompt support.

March 14, 2024:

In a landmark verdict by a St. Clair County Jury, Mead Johnson, a prominent baby formula manufacturer, was found liable and ordered to pay $60 million in damages.

This amount significantly exceeds the plaintiffs’ initial request by $35 million.

The case centered around allegations that Mead Johnson failed to adequately inform parents of the heightened risk of Necrotizing Enterocolitis (NEC) in premature infants fed their cow’s milk-based formula.

The trial, which began on February 20th, is part of a broader multidistrict litigation encompassing over 330 similar lawsuits across the country.

It specifically involved a Fairview Heights mother who tragically lost one of her premature twin babies.

During the trial, neonatologists provided varied opinions on the correlation between cow’s milk-based formula and NEC, all agreeing that the formula increases NEC risk, albeit to different extents.

The jury delivered their verdict in less than two hours after nearly four weeks of testimony, underscoring the quick decision-making process.

Mead Johnson responded to the verdict with surprise and disappointment, defending their product as essential for the nutrition of premature infants and contending that the claims against them lacked scientific backing.

The company is currently considering an appeal.

This case marks a significant moment in the ongoing legal challenges faced by Mead Johnson and Abbott, with numerous parents seeking to reform feeding practices for premature infants in neonatal intensive care units (NICUs).

While the verdict directly impacts Mead Johnson, it also underscores the wider legal and health implications surrounding the use of cow’s milk-based formulas for premature babies, highlighting the need for increased awareness and potential changes in NICU feeding protocols.

If you or someone you know has been affected by NEC linked to bovine-based baby formulas.March 7, 2024:

The NEC (Necrotizing Enterocolitis) Infant Formula Multi-district Litigation (MDL) witnessed an increase of 16 cases, escalating from 389 in February to 405 by March.

This surge in lawsuits highlights mounting concerns over the suspected connection between toxic infant formula and necrotizing enterocolitis (NEC) in preterm babies.

The legal claim posits that certain infant formulas designed for premature babies could heighten the risk of NEC, a severe and potentially lethal intestinal ailment.

The Judicial Panel on Multidistrict Litigation (JPML) is closely monitoring this gradual uptick in filings, reflecting the intensifying legal challenge facing infant formula producers, including industry leaders such as Abbott Laboratories, the producer of Similac, and Mead Johnson, the manufacturer of Enfamil.

Allegations against these companies encompass product liability, negligence, and a failure to adequately inform consumers about the possible hazards linked to their products.

If your infant has suffered from NEC possibly due to these formulas, you might qualify to join the NEC Infant Formula lawsuit. 

The chatbot available on this page can offer immediate support and help assess your eligibility for the lawsuit.March 5, 2024:

The NEC Lawsuit is ongoing, and our law firm is still accepting new clients.

The NEC Lawsuit remains active, with our law firm continuing to welcome new clients. A critical lawsuit has emerged in St. Clair County, Illinois, where a plaintiff has initiated legal action against the formula manufacturer Mead Johnson due to the tragic death of her son at 25 days old.

The plaintiff claims her son succumbed to necrotizing enterocolitis (NEC) after being exclusively fed Enfamil Premature Infant Formula 24 Cal by Mead Johnson, underscoring the potential risks associated with cow’s milk-based formulas for preterm infants.

This lawsuit highlights significant concerns regarding racial disparities within neonatal care. Research, including a 2023 study co-authored by Dr. Ravi Patel, indicates that Black premature infants are disproportionately affected by NEC.

Mead Johnson is accused of not adequately informing parents about the potential NEC risks tied to their formulas. This lawsuit is part of a growing number of cases as ongoing investigations uncover more instances.

Mead Johnson refutes these allegations, maintaining their products’ safety and quality. However, the attorneys representing the plaintiff intend to underscore the advantages of human milk, which, despite potentially slower growth rates for preemies, is not linked to the same NEC risks as cow’s milk-based formula.

This case is only one of hundreds to come to light recently as further discovery is going on.

This trial holds considerable significance, not just for addressing the immediate safety concerns of infant formula but also for scrutinizing neonatal intensive care unit (NICU) nutritional practices, the availability of donor human milk, and the economic incentives driving formula usage in hospitals.

The trial’s results may prompt changes in regulations governing infant formula, NICU feeding protocols, and access to donor milk.

These adjustments aim to mitigate health risks for preterm infants and bridge the gap in racial disparities in neonatal healthcare.

If your child was diagnosed with NEC after being fed cow’s milk-based formula, you might be eligible to pursue an NEC Lawsuit for compensation.

Utilize the chatbot on our website to quickly determine if you qualify for the Toxic Baby Formula Lawsuit.

If your child developed NEC after consuming cow’s milk-based formula, you may be eligible to file an NEC Lawsuit to seek compensation. 

Use the chatbot on this page to find out if you qualify for the Toxic Baby Formula Lawsuit instantly.

February 23, 2024:

The first legal battle against leading infant formula manufacturers Mead Johnson and Abbott started in Belleville, setting a precedent in the legal evaluation of infant formula companies.

This case is at the forefront of lawsuits alleging that infant formulas made from cow’s milk significantly increase the risk of Necrotizing Enterocolitis (NEC) in infants born prematurely.

NEC, a severe gastrointestinal disorder, is recognized by the Centers for Disease Control and Prevention as a leading cause of death in neonatal intensive care units (NICUs), accounting for around 10% of NICU deaths.

This legal challenge is centered around the distressing account of a mother from Fairview Heights, whose twins were born prematurely, five weeks early in 2020, with each infant weighing just over 3 pounds.

The decision to transition one of the twins from donor human milk to a cow’s milk-based formula at Memorial Hospital Shiloh resulted in the child developing NEC, thereby spotlighting the critical issue of how infant formula companies disclose the risks of NEC to parents.

This case is among numerous others filed across the United States, alleging that Mead Johnson and Abbott did not adequately inform about the increased risk of NEC associated with their infant formulas.

Expected to unfold over four weeks, this trial is a pivotal moment that may impact the resolution of countless similar legal actions.

If your infant has been diagnosed with NEC following the consumption of a cow’s milk-based formula, you may be eligible to file an NEC Lawsuit for compensation.

February 1st, 2024:

In January, the NEC infant formula class action MDL saw a significant increase with the addition of 47 new cases, marking the second-largest monthly surge since the inception of the MDL.

The total number of pending cases has now reached 389, reflecting the ongoing momentum in the litigation.

January 1st, 2023:

The MDL for the preterm infant formula class action related to NEC saw a notable increase with the addition of 50 new cases in the last month.

This uptick represents one of the highest monthly volumes recorded in this MDL, bringing the total number of pending cases to 339.

December 1st, 2023:

The NEC preterm infant formula MDL currently has 290 pending cases, with an additional 15 new cases added in the past month.

The total number of cases awaiting resolution in the MDL continues to grow, reflecting an ongoing trend.

November 1st, 2023:

U.S. District Judge Rebecca R. Pallmeyer has designated four pivotal “bellwether” cases for trial to gauge potential jury responses to the evidence presented.

Among these cases, two involve both Abbott Laboratories, the creators of Similac, and Mead Johnson, the manufacturers of Enfamil, as defendants.

One case solely names Mead Johnson, and another exclusively implicates Abbott Laboratories.

Three of these legal actions revolve around wrongful death claims attributed to NEC resulting from the consumption of these infant formulas.

One case details an infant who survived NEC but suffered severe complications requiring multiple surgeries.

These trials are projected to commence in 2024, and their outcomes are expected to significantly impact settlement payouts in the NEC class action.

October 2nd, 2023:

The Judge in the NEC infant formula MDL has approved a motion by the plaintiffs to extend the deadline for selecting bellwether cases for the initial round of test trials.

This extension suggests that the first bellwether trials may now take place late next year.

September 19th, 2023:

The plaintiffs’ motion to extend the deadline for bellwether case selection and to conclude fact discovery has received a mixed response, with some aspects granted and others denied.

Attorneys from NEC have been directed to prepare a jointly approved order that details the adjusted timeline for discovery.

Additionally, they have been assigned the responsibility of coordinating with the courtroom deputy to set a date for the upcoming status hearing, which may be conducted either in-person or virtually.

The size of the NEC infant formula MDL has grown significantly, tripling in volume since the start of 2023, when it contained fewer than 100 cases.

August 21st, 2023:

A new wrongful death lawsuit, Rowe v. Abbott, has been added to the MDL class action regarding NEC.

The case involves a child born prematurely in 2007 in Maricopa County, Arizona, who developed NEC after being given Abbott’s cow milk-based formula in the NICU and tragically passed away.

The lawsuit alleges that Abbott failed to provide adequate warnings and guidelines for their cow-based milk products intended for preterm infants, putting the responsibility on the company to inform healthcare providers and NICU staff about the associated risks, including NEC, when used with preterm infants.

August 17th, 2023:

The class action lawsuit against NEC Premature Formula has experienced significant growth this year.

An additional 14 cases were added last month, raising the total number of pending cases to 205.

If this rate of expansion persists, it is anticipated that there could be approximately 300 cases by year-end, with the possibility of reaching 400 by the commencement of the first bellwether trials.

July 1, 2023:

Hayes v. Mead Johnson & Co, LLC, et al. has been recently transferred into the NEC infant formula class action MDL.

The case, initially filed in the Southern District of Indiana, involves the use of Enfamil Premature 24 formula, a cow’s milk-based product manufactured by Mead Johnson.

The Plaintiff’s was born very prematurely at 23 weeks, and experienced gastrointestinal distress after consuming the formula multiple times in his first month of his life.

This led to a diagnosis of necrotizing enterocolitis and subsequent surgical intervention, leaving him with ongoing complications.

July 11th, 2023

The statute of limitations poses a challenging aspect in NEC lawsuits and poses a contentious issue in certain cases.

One such instance is observed in NEC baby formula lawsuits in California state court, where Judge Ethan P. Schulman of the San Francisco Superior Court has granted “preliminary approval” to Abbott’s motion to dismiss sixteen lawsuits.

The judge allows parents the opportunity to amend and refile their complaint, but this process may lead to a second legal battle.

Plaintiffs’ lawyers argue that the two-year period to submit their complaints should commence only from the discovery of the alleged issues with the formula.

July 18th, 2023

the NEC infant formula class action MDL received an additional 11 new cases in the past month, bringing the total number of pending cases to 191.

This marks a significant increase from the 90 pending cases at the beginning of the year.

June 16th, 2023:

Abbott Laboratories, LLC is facing a lawsuit from a New York mother who alleges that the use of Similac “Human Milk Fortifier” resulted in her premature child developing necrotizing enterocolitis (NEC).

Despite the product being marketed as a “Human Milk Fortifier,” it still contains cow’s milk.

The lawsuit alleges Abbott has orchestrated a deliberate, influential, and deceptive marketing campaign designed to mislead parents into believing that its formula and fortifier products were unharmful replacements for breast milk.

This particular lawsuit will join other similar cases from various jurisdictions, as part of a comprehensive multidistrict litigation (MDL) centered on baby formula.

U.S. District Judge Rebecca R. Pallmeyer, based in the Northern District of Illinois, will preside over the consolidated proceedings.

May 1st, 2023:

In the NEC formula class action MDL, e-discovery plays a crucial role as plaintiffs require access to electronically stored emails, business communications, and other relevant data.

Mead and Abbott, being large companies involved in the litigation, have custodians of records responsible for providing the necessary information.

Due to the complexity of mass tort litigation involving scientific and liability issues, courts typically allow more than 100 witnesses.

In this case, plaintiffs’ lawyers requested 65 witnesses.

Throughout the lawsuit, the lawyers have been working diligently to complete discovery in a timely manner, including obtaining electronic discovery from the defendants’ employees.

After negotiations, a deal was reached with Abbott for an additional 45 custodians, while Mead did not agree.

As a result, plaintiffs’ attorneys have filed a motion seeking court intervention to address this issue.

May 15th, 2023:

Over the past month, nine new lawsuits have been transferred into the NEC formula class action MDL, alleging that infant formula caused necrotizing enterocolitis (NEC) in premature babies.

This brings the total number of pending cases in the MDL to 166.

The consolidation of these cases allows for more efficient handling of the litigation related to NEC and infant formula.

Lawsuits are still being filed against companies manufacturing baby formula.

If you or someone that you know has a child that was diagnosed with NEC, then you may be eligible for compensation through an NEC lawsuit.

Contact a lawyer today for a free consultation.

March 8th, 2023:

A new study was released showing that there were no significant differences in the incidence of necrotizing enterocolitis between preterm infants who received an exclusive human milk diet and those who received bovine milk formula and fortifiers.

The American Academy of Pediatrics recommends that preterm infants receive human milk, preferably their mother’s milk, and encourages the use of human milk fortifiers to provide additional nutrients to support growth and development.

March 16th, 2023:

It was reported that 17 new pending cases were transferred into the infant formula NEC class action MDL over the last 30 days, bringing the total number of plaintiffs in the MDL up to 122.

This marks the second-highest volume of new cases since the MDL began.