NEC Lawsuit: A Comprehensive Overview of 2024 Developments

There are 534 active baby formula necrotizing enterocolitis lawsuits pending in Illinois under U.S. District Judge Rebecca R. Pallmeyer. So far, MDL number 3026 has not seen any jury verdicts or global settlements.

Abbott Laboratories is on trial in Missouri, accused of causing NEC in Margo Gill’s premature daughter with Similac and failing to warn about the baby formula’s risks. A St. Louis jury is hearing the case, which is one of hundreds of similar lawsuits.

In late June, a new baby formula lawsuit was filed in the NEC MDL by the parents of M.N., a premature infant who tragically passed away after developing NEC. The plaintiffs allege that cow’s milk-based products from infant formula manufacturers Mead Johnson, including Enfamil Premature Infant Formula and Enfacare, caused the condition.

According to the lawsuit, M.N. was born prematurely on October 3, 2015, at the University of Mississippi Medical Center in Jackson, Mississippi. Shortly after birth, M.N. was fed the defendants’ cow’s milk-based baby formulas. The infant soon developed NEC, a severe intestinal condition that required surgery. Unfortunately, M.N. succumbed to the injuries and passed away on October 29, 2015.

The wrongful death claim asserts that the parents were not informed about the risks associated with feeding premature infants cow’s milk-based products, including the potential development of NEC and the risk of severe medical complications or death. The plaintiffs argued that if they had known about these risks, they would not have allowed M.N. to be fed the defendants’ baby formula products. 

The lawsuit seeks compensation for the financial and economic losses, as well as the emotional harm and distress suffered by the plaintiffs due to their child’s illness and subsequent death.

After two consecutive months of above-average new case volume, May saw a slight decline in new baby formula cases added to the NEC infant formula MDL. Over the past 30 days, only 18 new baby formula lawsuits were reported, bringing the total number of pending cases to 514.

In April, the NEC preterm infant formula MDL saw the addition of 43 new cases, continuing a trend of elevated new case volume for the second consecutive month. The current count of pending baby formula lawsuits now stands at 496.

To streamline the service of Short Form Complaints (SFC) to counsel of record and ensure more accurate and transparent reporting, the court has enlisted BrownGreer to implement specific protocols outlined in a recent order. BrownGreer, a legal services firm specializing in mass claims administration and settlement administration, will handle the service and maintenance of SFCs for all cases filed in the MDL.

Plaintiffs in mass tort litigation often hire more than one lawyer, leading to duplicate cases filed by different law firms. The MDJ judge has received several motions and stipulations of dismissal due to these duplicate cases. Some requests seek dismissal with prejudice, while others seek dismissal without prejudice.

In a new order issued May 13, 2024, the judge declared that there is no justification for dismissing a plaintiff’s case without prejudice if they are represented by competent counsel in another case. If that counsel becomes unable to represent the plaintiff, substitute counsel can step in, but there will be no grounds to reinstate the previously dismissed case. Henceforth, all such dismissals will be with prejudice, regardless of the request made.

Over the past month, the preterm infant formula NEC class action lawsuit MDL saw an additional 50 new cases filed, marking the highest monthly surge since its inception. This brings the total number of active NEC infant formula cases to 453, a significant rise from 342 cases reported at the beginning of the year.

A significant court ruling in Illinois awarded $60 million in an NEC baby formula lawsuit against Mead Johnson. This is the first NEC failure-to-warn lawsuit to go to trial. It concluded with a jury verdict significantly higher than the $25 million sought by plaintiffs, marking a crucial precedent in NEC infant formula litigation.

The infant formula NEC lawsuits MDL has grown to 405 cases, with 16 new baby formula cases added in the last month.

The NEC baby formula MDL saw an addition of 47 new cases, representing the second largest monthly increase since the beginning of the MDL.The NEC lawsuits continue to grow as more parents join the litigation, with 389 total cases pending.

The NEC preterm baby formula MDL saw a significant increase, with 50 new cases added, one of the highest monthly volumes to date. This surge brings the total number of pending baby formula cases to 339. Earlier in the month, on December 1, the count stood at 290 after an addition of 15 new cases.

U.S. District Judge Rebecca R. Pallmeyer in Illinois has chosen four pivotal “bellwether” cases for trial, aimed at evaluating potential jury responses to the evidence. Two of these cases involve both Abbott Laboratories and Mead Johnson, while the others individually target each company.

Three cases involve wrongful death claims due to necrotizing enterocolitis linked to the formulas, and one involves an infant who survived necrotizing enterocolitis (NEC) but underwent multiple surgeries.

Trials are expected to begin in 2024. The outcomes could significantly influence future NEC settlement strategies in this class action.

A modest increase in baby formula cases occurred with 12 new NEC lawsuits added, reflecting a steady but slower accumulation in the MDL.

Following a recent status conference, the Judge approved a short extension for the plaintiffs to select bellwether cases.

In September, 83 new cases were added to the NEC class action MDL. This raises the total to 263 active cases, significantly up from 97 at the beginning of the year.

Meanwhile, there’s been tension between the plaintiff lawyers and defendants regarding the depositions of treating doctors, crucial for the lawsuits. Defendants, Abbott and Mead, are pushing for the first jury trial to be held in federal court.

After disagreements on the timeline, the court required the parties to present a mutually agreed-upon order detailing an updated discovery timetable and setting a further status conference.

The NEC infant formula lawsuit class action has doubled since the start of the year, with 14 new baby formula cases added last month, bringing the total to 205. At this rate, the case count could reach approximately 300 by year-end and potentially 400 by the first bellwether trials.

A significant wrongful death lawsuit, Rowe v. Abbott, was directly filed into the NEC class action MDL. This case involves a child born prematurely in 2007 who tragically passed away from NEC after being fed Abbott’s cow milk-based formula in the NICU.

The NEC baby formula lawsuit alleges that Abbott failed to provide adequate warnings and guidelines for the use of their products in preterm infants, specifically concerning the risks of necrotizing enterocolitis (NEC).

11 new cases were transferred to the NEC infant formula class action, bringing the total to 191. The year started with only 90 cases, showing substantial growth in the baby formula litigation.

A significant legal discussion emerged around the statute of limitations, particularly in California where a judge allowed amendment and refiling of sixteen dismissed baby formula cases.

The NEC infant formula class action MDL now has 180 active plaintiffs, following the addition of 14 new cases over the last month. Since the beginning of the year, a total of 83 new baby formula cases have been transferred to the MDL, indicating a steady increase in the number of families seeking legal recourse.

The U.S. Federal Trade Commission (FTC) is investigating potential collusion among baby formula manufacturers, including Abbott Laboratories, concerning state contract bids for the Women, Infants, and Children (WIC) program. This inquiry also involves sales outside the WIC program and occurs amid disputes over the extent of information Abbott must disclose following a formula shortage.

In Illinois, economic loss claims related to allegedly contaminated Similac were dismissed by a federal judge, who ruled that plaintiffs did not prove the purchased formula was tainted. However, personal injury claims regarding infant illnesses were upheld, focusing legal efforts on these more critical allegations.

Nine new NEC-related lawsuits were added to the class action MDL, totaling 166 pending cases. The lawsuits allege necrotizing enterocolitis (NEC) in premature infants due to the formula.

Electronic discovery remains pivotal, with ongoing disputes over the number of the companies’ custodians as witnesses in pretrial discovery. Mead refused a global compromise, causing the plaintiff’s attorneys to file a motion to compel.

12 bellwether candidate cases in the NEC formula MDL are now undergoing case-specific fact discovery as part of the pretrial process. This involves depositions of witnesses and doctors, aiming to provide detailed case insights before selecting 4 cases for the upcoming bellwether trials set for next year.

A significant increase in litigation activity was noted with 35 new cases added to the NEC class action MDL, the highest monthly intake since the start of litigation. The total now stands at 157 cases, with expectations for the first bellwether trial to begin next year.

17 new cases have been added to the NEC class action MDL, increasing the total to 122 plaintiffs. This marks the second largest monthly addition since the MDL began.

The NEC baby formula class action litigation in the Northern District of Illinois includes 97 pending cases, with 5 new cases added over the last month. The number of cases remains consistent as many NEC cases are either staying in state courts or being remanded back, not being included in the MDL.

The judge overseeing the NEC infant formula MDL in the Northern District of Illinois plans to schedule a “science day.” These sessions are commonly used in mass tort MDLs to allow both parties to present and clarify the relevant scientific evidence for the court. The exact date for the NEC science day is expected to be determined during the January monthly status conference.

8 cases were selected for the bellwether program in the NEC infant formula class action MDL, with defendants set to choose four additional cases by month’s end. The MDL Judge approved a fact sheet form for plaintiffs in these 12 bellwether cases to complete as the initial step in the discovery process, which will be followed by depositions.

The judge remanded 29 cases to state courts in Pennsylvania due to the involvement of local hospitals, reducing the MDL’s case count to 106.

Attorneys from both sides in the NEC class action MDL submitted a list of 66 cases to the judge, from which 12 bellwether candidates will be chosen. Each side picked four cases, and four additional cases will be randomly selected by the court. These 12 will undergo pretrial discovery, after which 4 will be selected for the initial trials, with each side choosing 2.

The judge outlined the selection process and schedule for these bellwether trials, with the final selection due by November 23. This structured approach aims to manage the discovery efficiently and prepare for the staggered trial dates, set 12 weeks apart.

Attorneys involved in the NEC infant formula class action have focused on a draft plan for selecting the initial NEC baby formula lawsuit for trial.

The plan, under review by the MDL judge, involves selecting a pool of 12 cases, balanced between those involving Abbott and Mead Johnson, either together or individually. These cases will undergo pretrial processes including discovery and depositions. When discovery is completed, each side will select two cases from this group for the first round of four bellwether trials.

The NEC baby formula lawsuit MDL continues, with the Plaintiffs’ MDL Leadership Committee nearing completion of negotiations on discovery protocols and other procedures with the defendants. Meanwhile, about a dozen plaintiffs have successfully had their cases remanded to state courts based on a lack of diversity jurisdiction.

Over the last month, 9 new NEC lawsuits were transferred into the Preterm Infant Nutrition MDL, bringing the total to 97 cases. Despite this, many NEC attorneys continue to file additional lawsuits in Illinois state courts.

The federal judge overseeing the NEC baby formula class action has moved to allow direct filings against Abbott and Mead Johnson in the MDL, simplifying the process for new plaintiffs. Previously, cases had to be filed in home districts and then transferred. Mead Johnson objected to this order. Abbott did not object.

The NEC MDL saw a significant expansion with 37 new plaintiffs added in its first month, effectively doubling its size.

Progress continues in the NEC class action baby formula lawsuit. Judge Rebecca R. Pallmeyer issued an Order finalizing the appointments of the Plaintiffs’ Lead Counsel, Liaison Counsel, and Steering Committee. With 26 additional cases transferred since May 16th, the total has reached 78 pending lawsuits.

The NEC class action baby formula lawsuit (MDL No. 3026) in the Northern District of Illinois is formally underway. Judge Rebecca Pallmeyer held her first status conference on May 19. She is expected to announce her selections for the plaintiffs’ Lead Counsel, Liaison Counsel, and leadership committee within the next two weeks.

There are now 3 baby formula class action lawsuits : a federal NEC class action, state-specific NEC lawsuits filed in Illinois, and a Similac recall class action unrelated to NEC. All baby formula lawsuits are progressing concurrently.

A new NEC baby formula class action lawsuit has officially been established in federal court. The Judicial Panel on Multidistrict Litigation (JPML) has consolidated all pending NEC infant formula lawsuits into MDL No. 3026, entitled “In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation.” This MDL has been assigned to Chief Judge Rebecca R. Pallmeyer in the Northern District of Illinois, a venue favored by plaintiffs’ attorneys, despite attempts by defendants Abbott and Mead Johnson to have the MDL located in Connecticut.

The NEC formula litigation is expanding, with over 40 lawsuits filed against Mead and Abbott in federal courts over the past year, including 12 in March alone. Additionally, a smaller, related class action lawsuit is proceeding in Illinois.

Discussions are underway about establishing an NEC baby formula class action in federal courts, potentially housed in Connecticut or Illinois. Abbott favors the District of Connecticut, while NEC plaintiffs’ lawyers are electing the Northern District of Illinois, where Abbott has its headquarters.

The Supreme Court of Illinois consolidated about 20 state NEC formula cases into a single class action under Judge Dennis Ruth in Madison County. This is akin to a mini-MDL at the state court level. Abbott is now pushing to transfer these cases to Cook County (Chicago) or Lake County for convenience.

NEC baby formula lawyers petitioned the Supreme Court of Illinois to consolidate all state NEC baby formula lawsuits into one action in Madison County. While Abbott and Mead Johnson, both based in the Chicago area, were granted extensions to respond to the consolidation request, their stance on the consolidation remains uncertain.

Increasing legal pressures on baby formula manufacturers were compounded by a petition filed by consumer protection groups to the FDA. This petition demands a ban on certain additives in infant formulas, citing potential health risks.

Amid ongoing NEC baby formula lawsuits, Abbott faced further challenges as the FDA announced a significant Similac recall affecting thousands of children.

Abbott faces a new class action over misleading claims about Similac Pro Advance, paralleling ongoing NEC baby formula lawsuits and underscoring questionable marketing practices. The case, emphasizing consumer deception, could support broader NEC litigation claims.

New research from McMaster University highlights increased risks of NEC and developmental delays in premature infants fed cow-milk-based formula, reinforcing concerns over such products.

Illinois state court sees a surge in NEC infant formula lawsuits, leading to a motion for consolidation similar to an MDL due to the local presence of Abbott Laboratories and Mead Johnson. The motion aims to streamline 33 cases, potentially setting the stage for a national MDL and future comprehensive settlements.