NEC Baby Formula Lawsuits | July 2024 Update

Legally Reviewed

This article has been written and reviewed for legal accuracy and clarity by attorney Matthew Dolman and is accurate as possible. Matthew is a licensed attorney with twenty years of legal experience. His practice includes mass tort claims and representing plaintiffs in product liability lawsuits. Dolman Law Group has collected $250,000,000.00 in compensation for injury victims and has represented over 7500 individuals. This content should not be taken as legal advice from attorney.

Fact-Checked

Lawsuit Legal News does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

The makers of Similac and Enfamil, two of the most popular baby formula brands, are facing hundreds of possible product liability lawsuits for failing to warn parents and doctors about the health risks associated with their products.

Infants across the U.S. have developed a serious gastrointestinal condition known as Necrotizing Enterocolitis (NEC) after consuming certain baby formula products.

Families with infants who have developed NEC are now seeking compensation from the baby formula makers, Abbott Laboratories and Mead Johnson. These NEC baby formula lawsuits have been consolidated into a multidistrict litigation (MDL) overseen by the Honorable Judge Rebecca Pallmeyer, of the Northern District of Illinois.

The injured plaintiffs argue that Abbott and Mead Johnson should be held liable for their defective products, which have caused serious harm to infants. If successful, these product liability personal injury claims could easily cost the formula makers millions of dollars in economic damages to pay for medical bills, lost wages, and non-economic losses, including pain and suffering.

NEC Baby Formula Lawsuits Table Of Contents

NEC Lawsuit Against Abbott Laboratories and Mead Johnson Have Common Allegations

These lawsuits allege both manufacturers put profit over safety and failed to warn medical professionals and general public that their cow based milk infant formulas posed a risk of NEC to a premature infant. Abbott Laboratories and Mead Johnson continued marketing their products as being safe and failed to include a warning about NEC. 

The injured plaintiffs argue that Abbott and Mead Johnson should be held liable for their defective products, which have caused serious harm to infants. If successful, these product liability personal injury claims could easily cost the formula makers millions of dollars in economic damages to pay for medical bills and lost wages, along with non-economic losses, including pain and suffering. Abbott and Mead must be held accountable for failing to include a warning on their infant formulas. What started out as an NEC class action lawsuit has evolved into multidistrict litigation centralized in the United States District Court for the Northern District of Illinois.

Update on the NEC Baby Formula Lawsuit

Below are the latest updates on the NEC Baby Formula Lawsuit.

July 2, 2024 - More Baby Formula Cases Added in July 2024

In the summer of 2024, a consolidated legal action comprising 534 individual claims is underway, addressing the alleged connection between infant formula consumption and necrotizing enterocolitis.

This collective litigation, MDL 3026, is before the United States District Court for the Northern District of Illinois. The Honorable Rebecca Pallmeyer presides over these proceedings, which remain nascent. No monetary compensations have been agreed upon, nor have any juries reached verdicts in these matters.

June 6, 2024 - Latest Update and Recap on the NEC Infant Formula Litigation

The MDL over necrotizing enterocolitis (NEC) linked to cow’s milk-based infant formulas is still ongoing, with new cases still being filed. As of June 6, 2024, there are 514 pending NEC baby formula lawsuits in the lawsuit (MDL 3026), which is being presided over by U.S. District Judge Pallmeyer in the Northern District of Illinois.

This litigation is still in its initial stages, and there have been very few court motions, hearings, or big changes so far. There are also no settlements or jury verdicts approved at this point

After experiencing a higher-than-average number of new cases filed in March and April, there has been a recent slowdown in new cases filed. We will have to wait to see what happens in June.

Just to recap, the lawsuits focus on the claims that cow’s milk-based infant formulas, such as those manufactured by Similac and Enfamil, significantly contribute to the development of NEC in infants born prematurely. NEC is a serious gastrointestinal condition that can lead to severe health complications, including necrosis, intestinal perforations, severe infections, and even death. Babies that survive often face long-term complications like intestinal strictures and short-gut syndrome, which profoundly affect their quality of life.

We are hopeful about this MDL since scientific research shows a strong correlation between cow’s milk-based infant formulas and an increased risk of NEC in premature infants. Studies show that preterm infants exclusively fed on human milk-based diets have significantly lower chances of developing NEC compared to those who are fed cow’s milk-based formulas.

In late May, a judicial directive was introduced with new protocols for lawsuits involving infant formulas, specifically brands like Similac and Enfamil. Under the new order, plaintiffs must be able to confirm the exact brand of formula that they claim injured their infant through hospital records or by issuing subpoenas.

Key steps outlined in the judicial order include:

• Medical Record Examination: Plaintiffs must review medical and feeding records to prove the specific product was used before starting legal action.
• Targeted Subpoenas: If records are incomplete, the plaintiff's attorney can issue subpoenas to healthcare providers to get necessary information.
• Documentation Submission: Plaintiffs must provide medical records and other relevant documents within a specific time frame. Additionally, if subpoenas are needed, they must be served within 21 to 30 days following the lawsuit’s onset.
• Manufacturer Verification: Plaintiffs may also request sales and contract details from Mead Johnson if records indicate that a formula was used in a hospital or care facility but fail to specify the specific formula or manufacturer. If the investigation finds no evidence of Mead Johnson’s formula being used, plaintiffs must dismiss Mead Johnson from the lawsuit or amend the complaint accordingly.

This order aims to streamline the litigation process by making sure that only credible claims move forward and allows the Court to focus resources on genuine cases with specific evidence.

If your child consumed cow’s milk-based infant formulas and developed NEC, contact a qualified baby formula NEC lawyer and schedule a free consultation.

May 15, 2024 - NEC Infant Formula Lawsuits are Still Being Filed at a Rapid Pace

We presently stand at 517 NEC baby formula lawsuits that have been filed into the MDL. Over 40 baby formula lawsuits were filed in April alone and State Court dockets in Illinois, Missouri and Pennsylvania are growing at an even faster rate. The second NEC trial is set for this July in Missouri (another State Court lawsuit).

April 15, 2024 - NEC Baby Formula Lawsuit is Growing Quickly

There are now 469 baby formula lawsuits that have been filed into the MDL centralized in United States District Court for the Northern District of Illinois. 57 NEC baby formula lawsuits have been filed in the past 30 days. We have seen a significant uptick in advertising for NEC formula lawsuits following the $60 million dollar verdict last month in Illinois State Court (St. Clair County).  Further, the State Court dockets in Illinois (Cook County and St. Clair County, St. Louis County (Missouri) and Pennsylvania (Philadelphia Court of Common Pleas)

March 17, 2024 - Illinois State Court Hit Reckitt Benckiser for $60 Million Verdict in NEC Infant Formula Lawsuit 

A St. Clair County jury returned a $60 Million verdict in the first NEC baby formula lawsuit to be tried to verdict. The jury found that Mead Johnson (division of Reckitt Benckiser) failed to warn the public of the risk of necrotizing enterocolitis (NEC)in premature infants exposed to cow milk based formula. NEC is a disease that primarily is found in premature infants. 

Please note that while this lawsuit comprised the very first NEC baby formula trial, this claim was tried in Illinois State Court as opposed to the multidistrict litigation (MDL) wherein all Federal lawsuits have been consolidated in United States District Court for the Northern District of Illinois before Judge Rebecca Pallmeyer. The underlying product that caused NEC and ultimately the death of Jasmine Watson's infant was Enfamil baby formula. Sadly, Jasmine's child was diagnosed with NEC shortly after using Enfamil baby formula. The child underwent emergency surgery and died within weeks of being born.

There are presently active State Court dockets in Illinois, Missouri, California and Pennsylvania. The next NEC infant formula lawsuit is set to be tried this July in St. Louis. The Illinois State Court docket of NEC infant formula lawsuits has been consolidated in Cook County, St. Clair County and Madison County. It is rare for a State Court lawsuit to get to trial before a lawsuit that falls within the MDL. 

We believe this jury verdict send a message to baby formula manufacturers that they knew of the risk cow milk formulas posed to premature infants yet failed to warn the general public or medical professionals who continued using this product as hospitals. Keep in mind that Similac baby formula is also a cow milk based formula. 

We also anticipate that a number of baby formula lawsuits will flood State Court dockets in the above referenced States as many lawyers will now seek to keep their case out of the MDL that has been proceeding very slowly. Similac and enamel lawsuits will continue to be filed in State Courts where the case can proceed to trial in a more efficient manner. 

Mach 9, 2024 - Judge Pallmeyer to Assist in Discovery Battle in NEC Infant Formula MDL

Judge Pallmeyer suggests that she is willing to sit in on depositions in response to NEC baby formula lawyers complaining officers for Mead and Abbott are not acting in compliance. The judge has offered to assist both plaintiff and defense lawyers to ensure of compliance during depositions. It appears, Judge Pallmeyer has grown tired of the dilatory tactics utilized by attorneys and witnesses in the infant formula MDL which is moving much slower than the NEC lawsuits filed in State Court. 

The first NEC baby formula trial is already taking place in Illinois State Court (St. Clair County). Meanwhile the 446 NEC lawsuits pending in the MDL located in United States District Court for the Northern District of Illinois; are still unlikely to see a trial in 2024. Any potential NEC settlement is dependent on the outcome of the present State Court trial and another set for this summer in St. Louis. 

November 10, 2023 - Four Bellwether Trials Have Been Selected in NEC Lawsuit

Judge Pallmeyer has narrowed down a list of potential bellwether cases to four NEC lawsuits (each side selected two) that are now being prepared for jury trials. The lawsuits all contain common allegations that premature infants fed cow's milk based formula in neonatal intensive care unit (NICU) developed NEC. Further, the lawsuits allege Mead Johnson and Abbot knew of the risks associated with preterm infants who are fed cow's milk based formula. 

The purpose of bellwether trials is to gauge how juries will respond to scientific evidence linking NEC with infants consuming cow's milk based products. A few large successful verdicts in the bellwether trials could lead to an NEC settlement and the inverse could lead to the dismissal of many baby formula lawsuits. We believe the science in this lawsuit is strong and will illustrate that preterm infants fed Enfamil or Similac have a significantly higher risk of developing NEC. 

Why You Should Hire an NEC Baby Formula Lawyer

When caring for a sick infant or mourning the loss of a baby, the last thing you need is the additional responsibility and stress of handling a product liability lawsuit. These types of claims are complex and require a significant amount of time to prepare, present, and resolve. A qualified NEC baby formula lawyer can effectively manage the necessary legal paperwork, gather medical records, and ensure that all critical deadlines are met on your behalf.

In addition to overseeing the administrative side of an NEC personal injury claim, an experienced product liability lawyer can prove to be a considerable asset in settlement negotiations. Plaintiffs who represent themselves often wind up with a smaller settlement than they would have received if they had sought the legal assistance of a personal injury attorney. 

A skilled NEC baby formula attorney has the experience to leverage a fair settlement from a negligent manufacturer or their insurance carrier because they are more familiar with the tricks and tactics insurance companies use to dismiss or diminish claims. A tenacious injury lawyer will also ensure your settlement takes into account future anticipated expenses and personal losses, not just current out-of-pocket costs.

Insurance carriers generally want to pay the lowest amount possible to resolve a claim. In this way, they avoid losing profit and protect the company's bottom line. When facing large corporations, their insurance companies, and vast legal teams, you will need a capable representative with specific product liability experience to advocate for the value of your damages. Also, these corporate entities are more likely to seriously consider your claim when they see that a respected personal injury attorney is advocating on your behalf.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing Enterocolitis (NEC) is a severe gastrointestinal condition where the lining of the intestine deteriorates due to inflammation. According to the Cleveland Clinic, about 1 out of every thousand premature babies develops NEC. However, this number is only 1 out of 10,000 for full-term infants. In some tragic cases, this condition has been fatal. 

Parents should be aware of the signs and symptoms of NEC in infants so they can seek medical treatment as soon as possible. This is especially important if their child was born prematurely and received supplemental formula such as Similac or Enfamil in the hospital.

Possible Symptoms of NEC in Infants:

• Lethargy
• Rejecting food
• Abdominal swelling
• Bloody feces
• Green vomit
• Difficulty breathing
• Unusually rapid or slow heart rate
• Fever

What Causes NEC in Infants?

Premature babies are the most vulnerable to developing NEC after consuming formula made with cow’s milk. Hospitals often use formula to bolster premature infants’ nutrition and help them gain weight. Research currently indicates that premature infants are likely more susceptible to developing NEC because the linings of their intestines are not as well-developed, and their bodies are not prepared to digest cow’s-milk-based formula. 

The plaintiffs in the NEC baby formula lawsuits claim that baby formulas like Enfamil and Similac have caused NEC, which leads to holes in their infants' intestines. When a hole develops, bacteria can spread and cause a deadly infection. Babies have underdeveloped immune systems and are therefore less capable of fighting off an infection. These combined health issues can cause neurological and organ damage, or even death.

Who is Eligible to File an NEC Baby Formula Lawsuit?

Parents with children that have developed NEC due to baby formula consumption may be able to seek compensation for damages by filing a product liability lawsuit. The manufacturers, designers, and even distributors of NEC-causing baby formula may be considered liable for the harm their products caused.

Product liability is an area of personal injury law that involves consumers filing claims against the makers of defective products that caused them harm. The plaintiffs must prove a legal basis for these lawsuits. Usually the allegations involve a product that harmed a consumer who was using it as intended, but the product was defective in some avoidable way. The claimed defect can exist because of defective design, defective manufacturing, or defective labeling.

An NEC baby formula lawsuit can ensure baby formula makers are held accountable for the harm they caused to infants and their families. These cases request compensation for the families’ losses caused by NEC either through a settlement or trial.

What Damages Can You Recover in an NEC Baby Formula Lawsuit?

NEC can do irreparable damage to the bodies of infants, particularly those that are already medically fragile and underweight. In many cases, these children may need years of medical intervention or a lifetime of care. This can take a physical and emotional toll on the child and their caretakers. In a product liability lawsuit, families of infants who developed NEC from baby formula can seek compensation for the economic and non-economic damages they incurred. 

Economic damages have an established dollar value since they are financial in nature and usually easily documented. This makes compensation more straightforward. Non-economic damages are calculated on a more subjective basis, as they extend to reflect emotional or intangible losses that may differ in value based on the circumstances of the case.

Examples of economic damages in an NEC baby formula lawsuit:

• Medical bills
  • Medication
  • Surgery
  • Hospital stays
• Job-related losses
  • Lost wages
  • Missed promotions
• Wrongful death
  • Funeral and burial expenses
  • Pain and suffering

Your infant may suffer from life-long deficits due to the negligence of baby formula manufacturers, so you need to think in the long term when it comes to determining the full extent of your losses.

For example, will your child have neurological deficits or difficulty eating? Will you or your spouse have to change jobs or even quit to be a caretaker for your child? Can you afford to miss work to take your child to specialists’ appointments? What kind of impact will this have on your mental health?

Many of these concerns relate to non-economic damages that may be requested in a product liability lawsuit.

Examples of non-economic damages in an NEC baby formula lawsuit:

• Pain and suffering
• Loss of enjoyment of life
• Loss of family relationships
• Emotional distress, anxiety, and depression
• Other personal and emotional losses related to facing life with NEC

Costs like these can accumulate quickly. A product liability attorney who has handled NEC baby formula cases will be able to give you a better idea of the total value of your damages.

Frequently Asked Questions About the NEC Baby Formula Lawsuits

Have Similac or Enfamil baby formulas been recalled over NEC concerns?

No. The formula recalls issued in early 2022 were unrelated to the allegations that their cow’s-milk-based formulas cause NEC. Those recalls applied to specific batches of tainted formula or affected manufacturing locations. Abbott and Mead Johnson both claim that their baby formulas do not constitute any more risk to premature infants than breast milk and refused to recall their products.

What is multidistrict litigation, and why are the NEC baby formula lawsuits consolidated into one?

Multidistrict litigations are similar to class action lawsuits. Both seek to ease the strain on court resources by combining similar claims or plaintiffs. A class action is one lawsuit with multiple parties who will all participate in the final outcome when the case is decided. 

In multidistrict litigation, the claims are grouped together and tasks like the evidence discovery process and motion hearings are shared, but individuals are still pursuing their own personal lawsuits against the defendant. 

The NEC baby formula product liability lawsuits have been consolidated into an MDL located in the Northern District of Illinois because the plaintiffs have comparable injuries to one another and share claims of negligence against certain manufacturers.

In the case of the NEC baby formula lawsuits, certain subsets of the multidistrict litigation have already been remanded to their original jurisdictions. For example, the presiding judge in the NEC multidistrict litigation has already sent nearly 30 claims back to state courts in Pennsylvania because they pertained to negligent hospitals who encouraged parents to use the dangerous formula, rather than the manufacturers of the baby formula.

What kind of impact will the bellwether trials have on settlement for other NEC baby formula families?

As it stands now, cases for bellwether trials are being selected. This will give both sides an idea of what to expect in terms of settlements. If juries for the test cases award larger verdicts than manufacturers like Abbott Laboratories and Mead and Johnson had been prepared to offer, they may be more eager to settle quickly to avoid making huge payouts. However, if the juries return with smaller verdicts in bellwether trials, the manufacturers may reevaluate the amounts they were considering and reduce them.

How long do I have to file an NEC baby formula claim?

Time is always a factor in personal injury cases, especially for wrongful death claims which only allow for a two-year window of opportunity to file a claim. Don’t jeopardize your claim by waiting until it’s too late to start the process. 

Our NEC baby formula lawyers can listen to your personal story and determine when the statute of limitations will run on your claim. We definitely encourage you to speak with an experienced legal representative as soon as possible to avoid missing your opportunity to request the compensation you deserve.

Reach Out to a Dedicated NEC Baby Formula Lawsuit Lawyer Today

If your infant developed NEC after being fed cow’s milk formula, you may be facing a medical nightmare for some time. You don’t have to face these issues alone. Our experienced legal team can explain your rights and the potential for financial compensation in your unique situation. Call us today at 866-535-9515 or fill out our online contact form for a free consultation and begin your journey to peace of mind.