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On this page, we’ll provide an overview of the NEC lawsuits, studies linking cow-based formula to NEC in premature infants, potential settlement amounts in the NEC lawsuits, and much more.
A premature infant is generally considered a birth that occurs before the 37th week of pregnancy, while a normal pregnancy generally lasts up to 40 weeks.
The four (4) stages of preterm include:
More than 200,000 premature births occur in the U.S. each year.
If your premature child developed NEC or other severe health complications after being fed cow’s milk-based formula, you may qualify to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC baby formula multidistrict litigation (MDL) saw a slight increase in July, with the total number of cases rising from 740 to 744.
The lawsuits allege that cow’s milk-based infant formulas—such as Enfamil and Similac—contributed to the development of necrotizing enterocolitis (NEC), a life-threatening intestinal condition, in premature babies.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The next bellwether trial in the NEC infant formula multidistrict litigation (MDL No. 3026) is scheduled to begin on August 8, 2025, in the U.S. District Court for the Northern District of Illinois.
The trial will focus on the claims of plaintiff Keosha Diggs, who alleges that her child developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula products—Similac and Enfamil—manufactured by Abbott Laboratories and Mead Johnson.
Jury selection is set to begin on August 4, with oral arguments on summary judgment motions taking place on July 28.
Chief Judge Rebecca Pallmeyer is presiding over the proceedings.
This federal MDL includes more than 700 consolidated lawsuits, all alleging that the manufacturers failed to adequately warn that their infant formula products significantly increase the risk of NEC in premature babies.
The Diggs trial marks the second bellwether in the MDL.
The first, involving plaintiff RaiLee Mar, was dismissed in May 2025 after the court determined there was insufficient evidence to support the claims.
Additional bellwether trials are tentatively scheduled for November 2025 and February 2026.
Another bellwether case, brought by plaintiff Alexis Inman, is currently in the pretrial phase, with key dispositive motion deadlines set between August and October 2025.
Verdicts in related state court cases have already set a precedent for substantial damages.
In 2024, an Illinois jury awarded $60 million in an Enfamil case, while a Missouri jury returned a $495 million verdict in a Similac case—where TorHoerman Law served as lead counsel.
The upcoming federal bellwether trials are expected to play a pivotal role in shaping global settlement discussions for the remaining claims in the MDL.
On June 9, 2025, a Florida mother filed a lawsuit against Mead Johnson, alleging that her premature daughter developed severe bowel injuries after being fed Enfamil formula.
The suit was filed in the U.S. District Court for the Northern District of Illinois, where all federal NEC infant formula claims are consolidated under MDL No. 3026.
According to the complaint, the child was born in 2015 and fed Enfamil Premature 20 cal formula while in the NICU.
Within three days, she developed necrotizing enterocolitis (NEC), a life-threatening gastrointestinal condition requiring emergency surgery and resulting in permanent health complications.
The plaintiff alleges that Mead Johnson failed to warn about the heightened NEC risks associated with cow’s milk-based formulas for preterm infants.
The case adds to over 700 pending lawsuits against Mead Johnson and Abbott Laboratories, makers of Enfamil and Similac.
The first bellwether trial in the MDL is set for February 2, 2026.
Plaintiffs seek damages for injuries and deaths allegedly caused by NEC following formula use in hospital NICUs.
Attorneys involved in the NEC infant formula multidistrict litigation (MDL) are scheduled to meet with Judge Rebecca Pallmeyer on June 11 for a status conference, following the recent dismissal of the first bellwether trial.
The case, brought by Erica Mar over the death of her daughter, was dismissed just days before trial due to insufficient evidence specific to the claim.
While the dismissal marks a setback for that individual case, the broader litigation remains active and ongoing.
The next bellwether trial is set for August 11, 2025, with two additional trials planned for later in the year and into early 2026.
Meanwhile, NEC-related lawsuits are moving forward in state courts across the country, including a trial currently underway in St. Louis, led by the NEC team at TorHoerman Law.
With more than 700 cases pending in the federal MDL against Abbott and Mead Johnson—and many more in state courts—these upcoming trials are expected to play a key role in shaping future settlement negotiations.
A recent study published in Frontiers in Pediatrics reveals that hospitals can significantly lower the incidence of necrotizing enterocolitis (NEC) in premature infants by implementing improved care practices.
Analyzing data from over 18,000 infants, researchers found that 16 out of 19 hospital-based interventions—including increased use of breast milk, administration of probiotics, and delayed umbilical cord clamping—were associated with a reduced risk of NEC.
The study also highlighted the importance of standardized protocols, such as minimizing antibiotic use and adjusting feeding practices during blood transfusions, in protecting vulnerable infants from intestinal damage and severe complications.
These findings carry added significance as NEC baby formula lawsuits continue to grow.
Plaintiffs allege that cow’s milk-based infant formulas raise the risk of NEC and that manufacturers failed to provide adequate warnings.
Although some courts have sided with formula makers, this new research could bolster future cases by suggesting that preventable care measures—like the use of human milk or probiotics—may have changed outcomes.
However, the study cautioned that the effectiveness of these interventions depends on hospital resources and staff training, which means results can vary from one facility to another.
Abbott Laboratories scored a key legal victory in the first bellwether trial of the NEC baby formula multidistrict litigation, as U.S. District Judge Rebecca Pallmeyer granted summary judgment in the company’s favor on May 2.
The case, brought by Ericka Mar, alleged that Abbott’s Similac formula contributed to her daughter’s 2021 death and that the company failed to provide adequate warnings.
However, the court found that Mar did not present sufficient evidence to show a feasible, safer alternative was available at the time or that a stronger warning would have altered the outcome.
Judge Pallmeyer ruled that human milk-based alternatives, such as Prolacta, were either unavailable or unproven as scalable options.
While she acknowledged Abbott could have provided more robust warnings, she concluded the company could not be held liable for not offering an alternative that wasn’t reasonably accessible.
Despite the setback, the judge allowed plaintiffs’ expert witnesses to remain in the broader MDL, ensuring that additional bellwether cases will proceed.
Mar’s legal team expressed disappointment but emphasized that the ruling is specific to the facts of her case.
The decision underscores the importance of stronger evidence in future NEC lawsuits—particularly regarding the availability of safer alternatives and establishing clear causation.
While Abbott’s win marks a significant early challenge for plaintiffs, the overall litigation continues.
On May 13, 2025, the FDA announced a comprehensive review of nutrient regulations for infant formula under its Operation Stork Speed initiative—the first full reassessment since 1998.
The agency’s action follows mounting concerns over the safety and nutritional adequacy of infant formula, particularly amid the growing number of NEC baby formula lawsuits.
Plaintiffs in the litigation allege that cow milk-based formulas, such as Similac and Enfamil, increased the risk of necrotizing enterocolitis (NEC)—a dangerous and often fatal gastrointestinal condition affecting premature infants.
The FDA’s review includes a public request for information (RFI) seeking input on whether current nutrient minimums and maximums should be revised to reflect updated scientific research and international standards.
The agency is also evaluating whether new nutrients should be added, whether existing levels need adjustment, and how these changes may affect infant health.
The comment period will remain open for 120 days.
Operation Stork Speed also addresses broader concerns by enhancing testing for heavy metals and other contaminants in infant formula, while pushing for clearer labeling and improved transparency.
These regulatory efforts could play a significant role in shaping future litigation outcomes and policy reforms in infant nutrition.
The NEC Baby Formula Lawsuit has reached a pivotal moment as U.S. District Judge Rebecca Pallmeyer ruled that plaintiffs’ expert witnesses may testify in upcoming bellwether trials.
This ruling allows scientific testimony that links cow’s milk-based formulas—such as Similac and Enfamil—to an increased risk of necrotizing enterocolitis (NEC) in premature infants.
This is a significant victory for more than 700 families pursuing claims in the federal multidistrict litigation (MDL) centralized in the Northern District of Illinois.
The court’s decision ensures that causation arguments can proceed based on expert analysis and medical evidence.
However, Judge Pallmeyer also granted summary judgment in the first bellwether case, dismissing the claim due to insufficient proof that the infant’s brief formula use caused NEC, or that an adequate warning or alternative design would have changed the outcome.
Despite this early setback, the litigation is moving forward.
Additional bellwether trials are scheduled for August, November, and early 2026.
These cases are expected to influence potential settlement talks and set the tone for how juries may respond to evidence.
If no settlement is reached, the court may begin remanding NEC lawsuits for individual trials in courts across the country.
U.S. District Judge Rebecca Pallmeyer has ruled that expert witnesses may testify in the upcoming NEC baby formula trials, allowing them to present evidence that cow’s milk-based formulas from Abbott Laboratories and Mead Johnson can cause necrotizing enterocolitis (NEC).
This decision marks a critical step forward in more than 700 lawsuits consolidated in federal multidistrict litigation (MDL), where families are seeking accountability for the harm caused to premature infants.
While this ruling strengthens plaintiffs’ ability to present scientific evidence, Judge Pallmeyer also granted summary judgment in favor of Abbott in the first scheduled case.
The judge determined that the family of RaiLee Mar had not presented enough evidence to prove that a failure to warn or alternative formula design was the direct cause of their child’s NEC-related death.
This mixed outcome underscores both the progress and legal challenges ahead as these cases move closer to trial.
The NEC Baby Formula Lawsuit continues to grow as families seek justice for premature infants harmed by cow’s milk-based formulas.
Plaintiffs claim that manufacturers failed to properly warn about the increased risk of necrotizing enterocolitis (NEC), a severe intestinal condition that can lead to long-term health complications or death.
In the past month, 27 new cases have been added to the federal multidistrict litigation (MDL).
Although the plaintiffs have faced some recent legal challenges, the litigation remains active and continues to move forward in both federal court and various state courts across the country.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The first trial in the Necrotizing Enterocolitis (NEC) multidistrict litigation (MDL) is set to begin in just over three weeks.
This trial follows two major Plaintiff victories and one case that was rescheduled due to allegations of misconduct by the Defendants’ legal team.
These developments have raised concerns for the NEC Defendants, who are now under increasing pressure.
Despite these challenges, a global settlement remains unlikely at this point.
With the trial nearing, the potential for another significant Plaintiff victory is high, which could bring justice to another affected family.
The outcome of this trial could have a significant impact on the future direction of the litigation.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Baby Formula multidistrict litigation (MDL) continues to grow, with filings rising modestly between March and April 2025.
As of March, the Judicial Panel on Multidistrict Litigation (JPML) reported 663 active NEC lawsuits.
By April 1, that number climbed to 683, reflecting 20 new cases added in a single month.
This steady increase shows that more families are stepping forward to hold formula manufacturers accountable for alleged links between cow’s milk-based formulas and necrotizing enterocolitis (NEC) in premature infants.
NEC is a dangerous gastrointestinal disease that can cause severe complications, lifelong disability, or even death.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit is ongoing.
Missouri Court Overturns Defense Verdict, Opening Path for Future Plaintiff Victories
In a major development for the ongoing NEC Baby Formula lawsuits, a Missouri state court has overturned a November 2024 defense verdict that favored Abbott and Reckitt.
The original ruling came after a five-week trial where the jury sided with the formula manufacturers, who argued that their cow’s milk-based formulas were crucial for premature infants and did not cause NEC.
In contrast, plaintiffs argued that the manufacturers were aware of the risk their formulas posed to premature infants but failed to warn the public or medical community.
The initial defense victory marked a key moment, as it was the first win for Abbott and Reckitt in this litigation.
Despite expert testimony supporting the defense, the judge found that the evidence presented did not justify the verdict, ordering a new trial.
This ruling is a significant step forward for plaintiffs, especially following two previous victories in NEC trials.
Those wins have bolstered the case that cow’s milk-based formulas contribute to an increased risk of NEC, putting pressure on manufacturers to acknowledge the risks their products may pose.
This overturned verdict and the earlier plaintiff wins create momentum in the litigation, potentially leading to more successful outcomes for plaintiffs.
The overturned decision signals a shift in the ongoing lawsuits and may pave the way for additional legal challenges against formula manufacturers.
With thousands of NEC lawsuits continuing across the country, this latest ruling suggests that the fight over infant formula liability is far from over.
Future trials are likely to reflect this evolving trend and could impact how these cases are handled moving forward.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
Kyle Diamantas, who previously represented Abbott Laboratories in lawsuits alleging that its infant formula products caused necrotizing enterocolitis (NEC) in premature infants, has been appointed as the Acting Deputy Commissioner for Human Foods at the U.S. Food and Drug Administration (FDA).
In his new role, Diamantas oversees the FDA’s Human Foods Program, which is responsible for food safety and nutrition regulations.
This appointment is notable given Abbott Laboratories’ ongoing legal battles, with nearly 1,000 lawsuits claiming that its cow’s milk-based formulas, such as Similac, are linked to NEC in premature infants.
The selection of a former defense attorney for Abbott to a prominent FDA role has raised concerns, particularly among Baby Formula NEC attorneys advocating for more stringent regulation of infant formula safety.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
Reckitt Benckiser has yet to establish a timeline for divesting its Mead Johnson nutrition division, maker of Enfamil infant formula, amid ongoing lawsuits involving necrotizing enterocolitis (NEC).
CEO Kris Licht emphasized that although the company plans to focus on its core health and hygiene brands, no immediate sale or separation of the nutrition business is set.
Reckitt is facing increasing legal pressure related to claims that its Enfamil Premature 24 formula contributed to NEC in premature infants, with one case already resulting in a $60 million award for the victim’s family.
Hundreds of additional lawsuits are pending, and liabilities could total billions.
Despite this, Reckitt projects moderate growth for its nutrition segment in 2025, following a 7.3% sales drop in 2024 due to supply chain disruptions.
As litigation continues, the future of Mead Johnson remains unclear.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Baby Formula Lawsuit involves claims that cow’s milk-based infant formulas have caused necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs argue that manufacturers failed to warn parents and healthcare providers about the heightened risk of NEC in vulnerable newborns.
In February, 648 NEC Lawsuits were pending in the MDL.
By March, the number of cases in the MDL increased to 663, with 15 new claims added.
This steady rise reflects ongoing legal action from affected families seeking justice for NEC-related complications.
NEC is a life-threatening condition that causes severe intestinal damage, often requiring intensive medical care and, in some cases, surgery.
Numerous NEC Lawsuits have also been filed in state courts across the country.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit is ongoing.
A new study published in Advances in Neonatal Care adds to the growing evidence linking cow’s milk-based baby formula to necrotizing enterocolitis (NEC) in premature infants.
The research reinforces concerns about popular formulas like Similac and Enfamil, finding that preemies fed an exclusively human milk diet had a significantly lower risk of NEC compared to those given bovine-based formula.
According to the study’s findings:
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Baby Formula MDL centers on allegations that cow’s milk-based infant formulas caused necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs claim that formula manufacturers failed to warn parents and healthcare providers about the heightened risk of NEC in vulnerable newborns.
In January, 632 cases were filed, increasing to 648 in February, with 16 new claims added.
This steady increase indicates ongoing legal actions from affected families seeking justice for NEC-related complications.
Parents of children diagnosed with NEC are pursuing claims in both federal and state courts across the country.
NEC is a serious, life-threatening condition that can lead to severe intestinal damage and require intensive medical care.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit is ongoing.
The NEC Baby Formula Lawsuit is moving forward, with preparations underway for the first bellwether trials in May 2025.
U.S. District Judge Rebecca R. Pallmeyer oversees the federal multidistrict litigation (MDL) and has reappointed 32 plaintiffs’ attorneys to leadership roles.
These attorneys will coordinate pretrial efforts for more than 600 lawsuits against Abbott Laboratories and Mead Johnson.
The lawsuits claim that Similac and Enfamil formulas caused necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs allege that the manufacturers failed to warn about the risks associated with cow’s milk-based formulas, leading to severe health complications.
The first bellwether trial focuses on the death of baby RaiLee Mar. It is set to begin on May 5, 2025, with additional trials planned later in the year.
These trials will help assess how juries respond to the evidence and may influence settlement negotiations.
If no resolution is reached, individual lawsuits could proceed to trial in courts nationwide.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
Abbott Laboratories, a prominent defendant in NEC (necrotizing enterocolitis) lawsuits, now confronts additional legal challenges regarding its marketing of toddler formula products.
The Public Health Advocacy Institute (PHAI) recently filed a lawsuit accusing Abbott of misleading parents about the nutritional benefits of its Similac toddler drinks, which are not regulated by the FDA and allegedly pose health risks to children.
The lawsuit targets Abbott’s “Go & Grow Toddler Drink by Similac” and “Pure Bliss Toddler Drink by Similac,” claiming the company uses deceptive marketing to promote these products as essential for children’s nutrition after infant formula.
Experts highlight that these drinks, often containing added sugars, may contribute to long-term health risks, including obesity and a preference for sweetened foods.
These allegations echo claims in the ongoing NEC lawsuits, where plaintiffs assert that Abbott’s cow’s milk-based infant formulas significantly increase the risk of NEC in premature infants and lack sufficient consumer warnings.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit is gaining momentum as 2025 approaches, with pivotal bellwether trials set to shape the litigation’s trajectory.
The lawsuits allege that manufacturers failed to warn about the heightened risk of necrotizing enterocolitis (NEC) in premature infants fed cow’s milk-based formulas.
Plaintiffs secured significant victories in 2024:
Defendants Secure a Victory
In October 2024, a Missouri jury sided with Abbott and Mead Johnson, marking the first defense victory in the NEC litigation.
This outcome demonstrates the complexities plaintiffs face in proving their claims.
Bellwether Trials Begin in 2025
The first federal bellwether trial in the Illinois-based NEC multidistrict litigation (MDL) is scheduled for May 5, 2025.
Additional trials will follow in August and November, offering valuable insights into jury responses and shaping future settlement discussions.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit remains ongoing, involving claims that cow’s milk-based infant formulas significantly increase the risk of necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs argue that manufacturers failed to provide adequate warnings about these risks.
In December 2024, 626 cases were pending in the NEC multidistrict litigation (MDL). By January 2025, this number rose to 632, with 6 new claims filed.
In addition to the MDL, numerous NEC lawsuits are being pursued in state courts across the United States.
TorHoerman Law’s NEC Lawyers have played a pivotal role in these cases, securing a landmark $495 million verdict against Abbott Laboratories in July 2024.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
A lawsuit has been filed against the makers of Mielle Hair Oil, alleging that the product fails to deliver on its advertised benefits and, in some cases, may cause hair loss.
The focus of the lawsuit is Mielle Organics Rosemary Mint Scalp & Strengthening Hair Oil, which is promoted as a product that encourages hair growth, strengthens hair, and nourishes the scalp.
The complaint was brought forward by Georgina Gomes, a Massachusetts resident, who claims the manufacturers knew or should have known about the potential for certain ingredients to cause hair loss but failed to adequately disclose this risk.
According to Gomes, after purchasing and using the product, she experienced hair loss instead of the promised benefits.
Filed on November 21 in the U.S. District Court for the Northern District of Illinois, the lawsuit seeks damages from Mielle Organics and its parent company, Procter & Gamble.
It argues that consumers, if made aware of the potential risks, would not have purchased the product.
The lawsuit also alleges that the manufacturers continued to market and sell the product despite knowledge of these risks.
The case seeks class action status, representing Gomes and others who purchased the hair oil, with proposed subclasses for residents of specific states.
If successful, the lawsuit could result in financial compensation for affected individuals and require the manufacturers to take corrective action.
If you or a loved one used chemical hair relaxers or straighteners and subsequently developed cancer or other health complications, you may be eligible to file a Hair Straightener Lawsuit.
Contact TruLaw for a free consultation or use the chatbot on this page for an instant case evaluation.
The Baby Formula NEC lawsuit addresses claims that cow’s milk-based infant formulas have led to necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs assert that manufacturers failed to adequately warn parents and healthcare providers about the increased risks associated with these formulas.
In November, 624 cases were filed, rising to 626 in December with 2 additional claims.
This consistent number reflects ongoing concerns among families affected by NEC.
NEC is a serious condition that causes inflammation and intestinal damage, often necessitating extensive medical treatment for the affected infants.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit is ongoing.
The NEC Baby Formula Lawsuit is ongoing, addressing claims that certain cow’s milk-based infant formulas may cause necrotizing enterocolitis (NEC) in premature infants.
Plaintiffs argue that manufacturers failed to warn parents and healthcare providers about the heightened risk of NEC, a severe gastrointestinal condition, in preterm babies consuming these formulas.
In October, 598 NEC-related cases were filed, with November seeing an increase to 624 cases—a steady rise that reflects growing awareness among families affected by NEC.
NEC is a potentially life-threatening condition leading to intestinal inflammation and tissue death, posing long-term health challenges for vulnerable infants.
Recently, the third NEC trial in St. Louis concluded with a defense verdict, which, although outside the ongoing NEC multidistrict litigation (MDL), remains significant to the broader NEC claims nationwide.
Notably, in a previous trial, A STL based law firm achieved a $495 million verdict against Abbott Laboratories in July 2024.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The NEC Lawsuit is ongoing.
A jury in Missouri is currently hearing a pivotal case against Abbott Laboratories and Mead Johnson, the two leading baby formula manufacturers.
The suit involves allegations that their cow’s milk-based formulas increase the risk of necrotizing enterocolitis (NEC), a life-threatening gastrointestinal condition in premature infants.
Plaintiff attorneys assert that Abbott and Mead Johnson marketed their formulas aggressively to healthcare providers without adequate warnings about NEC risks.
They presented details about the plaintiff’s son, who, born at just 2.2 pounds, required surgery to remove over 80% of his bowel after developing NEC.
Attorneys emphasized internal documents indicating that the companies may have been aware of the NEC risks but failed to disclose them to the public.
Mead Johnson’s defense argues their formulas are critical for the nutrition of premature infants and contends that studies linking their products to NEC are flawed.
This trial, which began on October 1st and is expected to last five weeks, is drawing national attention as thousands of NEC-related lawsuits are pending nationwide, many of which are consolidated in federal multidistrict litigation in Illinois.
If your premature child developed Necrotizing Enterocolitis (NEC) after being fed cow’s milk-based formula, or if your child suffered developmental delays or other irreversible health problems due to NEC, you may be eligible to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The Hair Relaxer Lawsuit is ongoing.
The Hair Relaxer Lawsuit continues to see important developments, with several motions and legal processes that could shape the future of these cases.
Plaintiffs recently filed a motion to dismiss non-cancer cases without prejudice, which would allow these cases to be refiled in the future if needed.
Additionally, they have urged the court to enforce discovery orders against L’Oréal, aiming to compel the company to disclose specific information.
Although numerous defendants have submitted motions to dismiss, these efforts are expected to encounter substantial opposition.
Plans to establish a bellwether trial process are moving forward, allowing for representative cases to be selected for early trials.
Defendant-specific discovery remains active, with motions against companies like Strength of Nature and Namaste Laboratories regarding document production and protective orders.
Revlon has already produced a significant amount of discovery materials, which plaintiffs are currently examining for thoroughness.
A “second wave” of defendants, including Advanced Beauty, John Paul Mitchell, and Wella Operations, has also sought dismissals, creating additional motions to address.
Meanwhile, an amendment to Case Management Order 10 is being developed to streamline the management of plaintiff data, especially for cases dismissed without prejudice, helping to ensure an organized re-filing process if necessary.
If you’ve suffered adverse health effects due to hair relaxer products, contact TruLaw today for a no-obligation consultation.
Our team will connect you with a dedicated Hair Relaxer Attorney within our network of legal partners to provide you with the strongest legal representation for your claim.
We are fully committed to securing the compensation you deserve.
The NEC Lawsuit is ongoing.
The upcoming trial in St. Louis, Missouri, against Abbott and Reckitt marks a pivotal moment in the NEC litigation, which claims that cow’s milk-based formulas caused necrotizing enterocolitis (NEC) in premature infants.
The plaintiff in this case alleges that her son, born prematurely in 2017, developed NEC after being fed the companies’ formula in the hospital, resulting in surgery to remove part of his intestine.
Like many other NEC survivors, her son continues to suffer from severe, lifelong complications.
This trial follows two previous significant verdicts, with juries awarding $60 million against Reckitt and $495 million against Abbott.
These developments come amid concerns from medical professionals who fear that continued litigation could jeopardize access to essential nutritional products for premature infants.
Both companies have indicated that these products might be pulled from the market, sparking alarm in the healthcare community.
Outside of state court trials, the NEC MDL in the Northern District of Illinois continues to grow, with the number of case filings increasing from 571 in September to 598 in October.
If your child developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formula in the maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact the experienced NEC Baby Formula Lawyers at TruLaw today for a free consultation, or use the chatbot on this page for an instant case evaluation to see if you qualify.
The NEC lawsuit is ongoing.
The next NEC Baby Formula trial is set to begin on October 1st, with jury selection scheduled for September 30th.
This trial will take place in St. Louis, outside the broader NEC Infant Formula MDL, similar to the $495 million verdict achieved by TorHoerman Law earlier this year.
While these NEC trials are being held outside the MDL, their outcomes are expected to significantly influence the trajectory and development of the consolidated lawsuits.
Currently, hundreds of NEC lawsuits are consolidated in the U.S. District Court for the Northern District of Illinois, with additional cases filed in state courts nationwide.
Within the MDL, the presiding judge has outlined the order for upcoming bellwether trials.
Although specific trial dates have not been set, the first four bellwether cases will proceed in the following order:
These bellwether trials are crucial for evaluating how juries respond to evidence and legal arguments.
While their outcomes won’t be binding for other cases, they could significantly influence settlement discussions in the NEC lawsuits.
If your child developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formula in a hospital maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact the experienced NEC Baby Formula Lawyers at TruLaw today for a free consultation, or use the chatbot on this page to see if you qualify instantly.
A Connecticut family has initiated a lawsuit against Yale New Haven Hospital and Yale University, alleging medical malpractice after the death of their premature son in 2018 due to necrotizing enterocolitis (NEC).
The lawsuit, filed by the child’s mother, claims the hospital administered cow’s milk-based formula to her son without her consent, which led to his illness and eventual death.
NEC, a severe gastrointestinal condition primarily affecting premature infants, causes intestinal inflammation and bacterial infections that can lead to life-threatening sepsis.
The case centers on the mother’s request that her son be fed only human breast milk.
Despite this request, the hospital allegedly introduced cow’s milk formula into the baby’s diet, after which his health rapidly declined due to NEC symptoms.
Yale New Haven Hospital has filed a motion for summary judgment, seeking to dismiss the case.
The hospital argues that NEC can still develop in infants fed exclusively on human milk, and the plaintiff’s expert, Dr. Jonathan Cohen, admitted this possibility.
However, the plaintiffs’ lawyer argues that feeding the baby formula without consent constitutes battery and justifies a jury trial.
This case parallels a lawsuit from St. Louis, where Abbott Laboratories was ordered to pay $495 million after a jury concluded that its cow’s milk-based formula contributed to a premature infant’s NEC and that the company failed to warn parents and healthcare providers about the risk.
Our NEC Baby Formula Lawyers are actively accepting new clients. If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula in a maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact TruLaw today for a free consultation, or use the chatbot on this page to find out if you qualify for an NEC Baby Formula Lawsuit instantly
The NEC lawsuit is ongoing.
A Missouri jury recently awarded $495 million to an Illinois girl who developed necrotizing enterocolitis (NEC) after consuming specialized infant formula produced by Abbott Laboratories.
This landmark verdict sets a significant precedent for future NEC Lawsuits, especially those involving similar claims against manufacturers of premature infant formula.
Multiple NEC trials are approaching, with the next one set for September 25th.
These state court trials are separate from the NEC Infant Formula MDL, which is centralized in the U.S. District Court for the Northern District of Illinois.
Bellwether trials for the NEC MDL are scheduled to begin in May 2025.
Important dates and deadlines for the NEC MDL include:
These critical dates will shape the future of the NEC litigation, with each step playing a key role in the outcome of the lawsuits currently in progress.
Our NEC Baby Formula Lawyers are actively accepting new clients. If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula in a maternity ward or NICU, you may be eligible to file an NEC Baby Formula Lawsuit.
Contact TruLaw today for a free consultation, or use the chatbot on this page to find out if you qualify for an NEC Baby Formula Lawsuit instantly.
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:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
These formulas, commonly used in neonatal intensive care units, have been implicated in numerous lawsuits.
Key evidence in these cases includes:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Necrotizing enterocolitis (NEC) is a severe and potentially fatal gastrointestinal condition that predominantly affects premature infants.
This devastating disease causes inflammation in the intestines, leading to tissue death.
Bacteria can then infiltrate the bloodstream or abdomen through these damaged areas, significantly increasing the risk of life-threatening complications.
NEC typically manifests within the first two to six weeks after birth, with some infants experiencing mild symptoms, while others endure severe, life-threatening conditions.
Premature infants, particularly those in Neonatal Intensive Care Units (NICU), are at the highest risk for developing NEC.
Approximately 90% of NEC cases occur in preterm infants, with the condition most frequently affecting:
The risk of NEC is notably higher in premature infants fed cow’s milk-based formulas, such as Enfamil or Similac, compared to those who receive human breast milk.
Scientific studies have consistently shown that the immature digestive systems of preterm infants are less capable of processing the proteins found in cow’s milk, which can trigger inflammation and increase the likelihood of NEC.
NEC is diagnosed very early through a blood test, fecal test or X-ray.
It is also the most common cause of death in hospitalized premature infants more than 2 weeks old.
Symptoms of NEC caused by cow-based milk formula may include, but are not limited to:
The ongoing litigation has seen substantial verdicts, including a $495 million award against Abbott Laboratories, highlighting the severity of the allegations.
These cases continue to emphasize the need for safer feeding practices in the care of premature infants and accountability from formula manufacturers.
Premature infants are particularly vulnerable due to their underdeveloped digestive and immune systems that are not as strong as those of full-term babies.
When these infants contract an intestinal infection, their weakened systems struggle to combat it effectively.
Extensive studies have demonstrated a significant difference in the risk of necrotizing enterocolitis (NEC) between premature infants who are fed donor human milk (DHM) and those who receive cow’s milk-based formula.
The research shows that preemies fed with DHM have a substantially lower risk of developing NEC, experiencing fewer complications, and requiring less surgical intervention compared to those fed with formula.
Despite the well-established scientific consensus that donor human milk is a safer alternative for premature infants, the manufacturers of Enfamil and Similac continued to promote their cow’s milk-based formulas.
These companies aggressively marketed their products to the parents of premature babies, both during their time in the Neonatal Intensive Care Unit (NICU) and after they were discharged, capitalizing on the exhaustion and vulnerability of these families.
NEC is a condition that almost always occurs after a baby has begun feeding, indicating that it is unlikely for a preemie to be born with this devastating condition.
While the exact cause of NEC remains partially understood, the risk factors are clearly associated with feeding practices, particularly the use of cow’s milk-based formulas in premature infants.
Human donor milk has been shown to significantly reduce the risk of NEC.
Unlike formula, donor milk supports the development of the infant’s immune system and provides critical protection to their digestive tract.
As a result, the use of donor milk is increasingly recognized as a best practice in neonatal care.
Feeding premature babies requires special attention, as these infants can easily become fatigued and require careful handling.
Additionally, mothers of preemies may face challenges in producing breast milk immediately after birth, which adds another layer of difficulty to ensuring that these vulnerable babies receive the nutrition they need to thrive.
Key considerations for feeding premature babies include:
While brand-name formula costs less than $2 per ounce, feeding a preemie may still cost less than $30 per day.
However, donor milk, which ranges from $3 to $5 per ounce, is more expensive due to the costs associated with collection, processing, and distribution.
Despite the higher cost, organizations like HMBANA are working to make donor milk accessible to all preemies, advocating for it to become a universal standard of care regardless of a family’s financial situation.
Challenges in awareness and informed decision-making:
It is imperative that families are provided with accurate information about the feeding options available to them, including the benefits of donor milk.
If your premature child developed NEC or other severe health complications after being fed cow’s milk-based formula, you may qualify to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
Parents of premature infants who developed necrotizing enterocolitis (NEC) after consuming cow’s milk-based formulas like Similac and Enfamil are pursuing legal action against the manufacturers.
These lawsuits claim that the companies failed to warn about the risk of NEC associated with their products, resulting in severe health consequences for vulnerable infants.
Necrotizing enterocolitis (NEC) is a severe and often fatal gastrointestinal disease that primarily affects premature infants.
This condition involves the inflammation and death of intestinal tissue, which can lead to life-threatening complications such as sepsis and intestinal perforation.
The risk of NEC is significantly higher in premature infants who are fed cow’s milk-based formulas, such as Similac and Enfamil, compared to those who receive human breast milk.
Key aspects of NEC’s impact include:
The impact of NEC on affected families is profound, both emotionally and financially, as they contend with the long-term care and potential disabilities of their children.
The ongoing lawsuits seek to hold the manufacturers accountable for not adequately warning about the dangers of their formulas, which could have prevented many of these tragic outcomes.
The NEC baby formula lawsuits are part of a growing legal battle against the manufacturers of Similac and Enfamil, two widely used infant formulas.
Parents of premature infants who developed necrotizing enterocolitis (NEC) after consuming these formulas are filing lawsuits against Abbott Laboratories and Mead Johnson & Company.
The lawsuits are particularly significant because they highlight the manufacturers’ alleged disregard for scientific evidence linking cow’s milk-based formulas to NEC.
Plaintiffs argue that the companies continued to market their products as safe and nutritionally equivalent to breast milk, despite the known risks.
If your premature child developed NEC or other severe health complications after being fed cow’s milk-based formula, you may qualify to pursue compensation.
Contact TruLaw using the chat on this page to receive an instant case evaluation and determine your eligibility to join others in filing an NEC lawsuit today.
The settlement amounts in the Necrotizing Enterocolitis (NEC) multidistrict litigation (MDL) are still uncertain as cases progress.
The MDL consolidates lawsuits where plaintiffs claim that cow’s milk-based formulas, like Similac and Enfamil, caused NEC in premature infants.
While no global settlement has been reached, estimates suggest settlements could vary widely based on factors such as injury severity, bellwether trial outcomes, and evidence of negligence.
Bellwether trials are designed to provide a preview of how juries might respond to the evidence and arguments presented, offering both plaintiffs and defendants insight into the likely outcomes of the broader litigation.
The first bellwether trials in the NEC MDL are expected to commence in 2025.
The selection process for these trials has begun, with twelve cases identified as candidates.
Of these, four cases will be chosen to proceed to trial.
The trials will be conducted alternately between cases selected by the plaintiffs and the defense, spaced approximately twelve weeks apart.
Several factors will influence the potential settlement values within the NEC MDL.
These factors may include, but are not limited to:
As these factors converge, they will significantly shape the negotiation landscape, with the potential for high-value settlements remaining strong, particularly if the bellwether trials favor the plaintiffs.
This could lead to substantial compensation for families affected by NEC.
NEC lawsuits are currently being filed individually across state courts with hundreds of claims consolidating into multidistrict litigation (MDL) in the Northern District of Illinois.
This consolidation allows for more efficient handling of numerous claims brought by families of infants affected by NEC after consuming cow’s milk-based formulas such as Similac and Enfamil.
Although these cases are consolidated, they are not considered class actions.
Instead, they fall under the category of “mass torts.”
Mass torts differ from class actions in that each plaintiff’s case is treated individually in terms of damages and legal outcomes, although certain legal and factual questions are handled collectively.
Necrotizing Enterocolitis (NEC) is a severe gastrointestinal condition that predominantly affects premature infants, causing inflammation and tissue death in the intestines.
Preterm babies, especially those fed cow’s milk-based formulas like Similac or Enfamil, are at the highest risk for developing NEC.
Extensive studies have demonstrated that premature infants fed with donor human milk (DHM) have a substantially lower risk of developing NEC compared to those who receive cow’s milk-based formula.
Despite this scientific consensus, manufacturers like Enfamil and Similac continued to promote their cow’s milk-based formulas to parents of premature babies.
No, the Necrotizing Enterocolitis Lawsuit is not a class action.
NEC lawsuits are currently being filed individually across state courts, with hundreds of claims consolidating into multidistrict litigation (MDL) in the Northern District of Illinois for more efficient handling.
NEC can be fatal in up to 30% of cases, with the highest risk among the most premature and low birth weight infants.
Survivors often face long-term health issues, medical interventions, and the profound emotional and financial impact on their families.
The NEC baby formula lawsuits are part of a growing legal battle against the manufacturers of Similac and Enfamil, two widely used infant formulas.
Parents of premature infants who developed NEC after consuming these formulas are filing lawsuits against Abbott Laboratories and Mead Johnson & Company.
While no global settlement has been reached, estimates suggest NEC lawsuit settlements could vary widely based on factors such as injury severity, bellwether trial outcomes, and evidence of negligence.
The results of the bellwether trials, set to commence in 2025, will be a major determinant in the settlement amounts for subsequent cases.
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With over 25 years of legal experience, Jessica Paluch-Hoerman is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share the most reliable, accurate, and up-to-date legal information with our readers!
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