Parents of premature infants are turning to the legal system more in numbers. They are filing lawsuits against giant baby formula manufacturers, such as Abbott Laboratories and Mead Johnson. According to the lawsuits, cow’s milk-based baby formulas visibly scale up the risk of a fatal intestinal condition known as necrotizing enterocolitis (NEC) in premature infants.
Legal actions can be taken in a multidistrict litigation (MDL). If you’re a parent or caregiver of an infant affected by NEC, it’s critical to stay updated on the NEC lawsuit landscape. At People for Law, consult our mass tort attorneys who fight for your rights and bring you the compensation you deserve for your losses.
Why Are Baby Formula Companies at Stake?
A Brief Overview of NEC
NEC stands for Necrotizing Enterocolitis. It’s a gastrointestinal disease that affects premature babies. The disease causes inflammation and can damage intestinal tissue. In severe cases, NEC causes complex health issues, where the child may need surgery or long-term medical care.
Similac and Enfamil in NEC Lawsuits
As the NEC lawsuits allege, bovine milk-based formulas, particularly Similac and Enfamil, increase the risk of NEC in preterm infants. Abbott and Mead Johnson have been held responsible in these cases for the reasons below –
- The manufacturers failed to provide adequate warnings on the risk of NEC
- The brands marketed their products aggressively for use in NICUs despite known risks
- Did not sufficiently research the long-term impacts of their products on premature infants
NEC Baby Formula Updates: May 2024 – May 2025
May 2025
A federal judge granted summary judgment in favor of Abbott in the first bellwether trial. The trial did not proceed, and Abbott won based on pre-trial arguments.
However, Judge Pallmeyer emphasized that this decision held “limited application” and does not set an example for the hundreds of other pending NEC lawsuits.
The judge denied efforts to exclude expert testimony, allowing future trials to proceed with key evidence.
March 2025
A judge ordered a retrial in one of the NEC lawsuits that the defence won. The case involved both Abbott and Mead Johnson. The retrial was based on evidence of “misconduct” by the defense team, which the jury may have been unfairly influenced by. Both companies are appealing the decision, but this marks a significant win for plaintiffs.
February 2025
Abbott and Mead Johnson filed motions for summary judgment, aiming to shut down cases even before they reach trial. They presented a recent NIH report and emphasized that NEC primarily results from a lack of human breast milk consumption rather than formula use. The courts are yet to rule on this motion, and many legal experts believe trials will proceed because of the previous state court verdicts that went in favor of plaintiffs.
January 2025
No new ruling took place in the early phase of 2025. The first MDL bellwether trial was scheduled for May 5, 2025. Further bellweather trials have been planned for August and November 2025. The upcoming year will settle and set the stage for a pivotal year in the NEC litigation timeline.
October 2024
In one of the vital events, the St. Louis jury stood by Abbott and Mead Johnson and stated that the companies were not liable for the deaths caused by the NEC formula. This follows two earlier state trials in 2024 that brought significant verdicts for plaintiffs that cost $60 million. In the meantime, a proposed bellwether schedule was submitted for approval in the MDL that outlines the trials for February 2026.
September 2024
The multidistrict litigation saw a vast change in the selection of the first bellwether case. Ericka Mar is the Administratrix of the Estate of RaiLee Mar v. Abbott Laboratories. Judge Pallmeyer instructed the attorneys to finalize the trial dates and prepare for the courtroom trials.
July 2024
A Missouri family was awarded a $495 million verdict. Their infant developed NEC after she was fed Similac in the NICU. The baby got severe brain damage and fatal NEC symptoms. This trial marked the second big victory in 2024. This win brought the formula manufacturers under pressure to consider the settlement negotiations.
June 2024
Judge Pallmeyer scheduled an order and established the timeline for the MDL’s bellwether trials. The expected closing time of the discovery was August 2024. The process involved trial preparation and the taking of expert depositions.
The first federal trial has been scheduled for May 2025. A $60 million verdict in Illinois played a major warning to the formula manufacturers.
May 2024
Judge Pallmeyer stated that the plaintiffs must present direct evidence that proves the matter. The plaintiff must first establish that the infant consumed a brand product before holding the company liable. The legal procedure takes medical records, feeding logs, or NICU documentation.
What Parents Need to Know About Filing A Lawsuit
Unfortunately, if your premature infant has been diagnosed with NEC after feeding on Similac or Enfamil, you can file a lawsuit. The steps to take include –
Step 1: Collect Medical Records
Medical records include NICU feeding logs, NEC diagnosis, and hospital discharge details, among others.
Step 2: Contact Our NEC Lawsuit Attorney
See through law firms with years of experience and expertise in handling mass tort cases. Connect with People for Law for the sharp legal assistance.
Step 3: Check Eligibility to Qualify
Not all cases qualify. An attorney determines whether you meet the necessary criteria to file an NEC lawsuit.
Step 4: File the Lawsuit within the Given Timeline
NEC lawsuits come with specific timelines. Don’t delay filing the case within the statutory timeline.
Final thoughts
The NEC lawsuit litigation is in process. 2025 is yet to shape the case. Several bellwether trials are on the way, and the outcomes influence the settlement. The defendants move ahead toward a huge settlement, or the fight will continue. Families and parents deserve answers. Now is the time to take action and explore your legal options if your child or any child you love has been a victim of NEC consumption. Connect with People for Law for vetted legal assistance.