NEC lawsuit Updates
Court Denies Remand in Six Hernia Mesh Cases, Certifies Novel Fraudulent Joinder Questions
Judge Pallmeyer denied remand in six Pennsylvania hernia mesh cases, ruling plaintiffs fraudulently joined in-state hospital defendants. While the court previously found negligence claims against hospitals had a "reasonable possibility of success," it now focused on plaintiffs' litigation conduct. The court determined plaintiffs showed "no real intent" to pursue hospital claims, citing minimal discovery, one short deposition, and refusal to appeal state court dismissals. This novel "no real intent" doctrine allowed defendant Abbott to bypass standard removal rules. Judge Pallmeyer certified the ruling for immediate appeal, including whether litigation conduct alone can establish fraudulent joinder. The rest of the litigation proceeds
Missouri NEC Case Remanded to State Court After Sales Rep Joinder Ruling
Judge Pallmeyer recently remanded a Missouri-filed NEC baby formula lawsuit back to state court, denying Mead Johnson's request to retain it within the federal multidistrict litigation (MDL). The court determined that naming a Missouri-based Mead Johnson sales representative as a defendant did not constitute fraudulent joinder. Although Mead Johnson argued the representative had no personal duty to warn or liability under state law, the judge found the plaintiff demonstrated a reasonable possibility of succeeding on state claims—including negligent misrepresentation. This was based on allegations the representative made misleading safety claims about Enfamil to hospital personnel. Missouri law permits individual liability for employees aware of product risks who communicate with providers. Consequently, the court ruled removal to federal court violated the forum defendant rule. This decision underscores a strategic choice for NEC plaintiffs: joining local defendants to pursue cases in potentially favorable state courts versus filing directly in the MDL. While the MDL offers coordination, plaintiffs often weigh the benefits of leveraging state law, avoiding federal preemption disputes, and preserving claims. This ruling strengthens the state court option by confirming sales representatives can face plausible liability, effectively blocking removal and enhancing plaintiffs' forum control.
NEC Infant Formula MDL Reaches 744 Cases Post-Daubert Ruling
The NEC Infant Formula MDL (No. 3026) now contains 744 pending cases, reflecting a modest increase from 740 cases last month according to JPML data. This sustained growth follows Judge Pallmeyer’s recent Daubert decision permitting key plaintiff expert testimony to proceed. The ruling has reinforced plaintiff counsel confidence in the MDL forum as litigation advances toward bellwether trials. While monthly filing volume remains measured, the consistent upward trajectory signals ongoing claim development. The court’s validation of scientific evidence supporting causation theories continues to shape strategic positioning for both parties as pretrial preparations intensify.
New York Senate Establishes NEC Awareness Day, Highlights Formula Risks Amid Litigation
The New York State Senate has adopted a resolution designating May 17, 2025, as Necrotizing Enterocolitis (NEC) Awareness Day. The resolution underscores the critical role of breast milk in infant health and survival, while highlighting deficiencies in infant formula linked to the development of NEC—a potentially fatal gastrointestinal disease affecting newborns. This legislative recognition coincides with a surge of nationwide litigation, as numerous parents file lawsuits against major baby formula manufacturers. These suits allege companies failed to warn about formula's association with increased NEC risks, which have resulted in severe injuries and infant fatalities. The resolution amplifies awareness of this serious medical condition
About NEC Lawsuits
Necrotizing Enterocolitis (NEC) is a severe gastrointestinal disease that primarily impacts the most innocent - premature infants. Since the 1960s, certain infant formulas, particularly those based on cow’s milk, have been linked to an increased risk of NEC. Despite the link between NEC and cow-based infant formulas, neonatal care units and care facilities continue to use the solutions nationwide, which leads to suffering and devastating consequences.
NEC typically impacts premature babies and can lead to serious health complications that include intestinal damage, sepsis, and, in some cases, death.
In recent years, medical professionals and researchers have pointed a finger at the dangers of using cow’s milk-based infant formulas - especially in premature infants. However, despite the publicity, many parents remain unaware of the risks associated with milk-based formulas and the link with NEC.
If your family or loved one has been impacted by NEC, you may have legal options to seek compensation.
Currently, a variety of NEC lawsuits are being filed against formula manufacturers who have failed to adequately warn the public about the potential dangers of cow-based formulas. The class action lawsuits allege that the infant formula manufacturing companies knew about the risks to infants but continued to market and distribute these formulas without offering safety warnings.
If your infant has been diagnosed with NEC after being fed cow’s milk-based formula, you may have legal options. Joining a class action NEC lawsuit could allow you to seek compensation for the medical costs, pain, and suffering caused by the devastating condition.
Who Qualifies for the NEC Class Action Lawsuit?
To participate in an NEC class action lawsuit, you must meet certain criteria, such as the following:
- Your infant has been fed a cow’s milk-based formula.
- Your child was diagnosed with Necrotizing Enterocolitis (NEC) following formula feeding.
- You can provide medical documentation that shows a direct link between your child’s health condition and the use of the formula.
- Your child was born prematurely.
Additionally, your infant must have been diagnosed (less than 1 year old) with the following cancer(s):
- Necrotizing Enterocolitis (NEC)
- Short Bowel Syndrome (SBS)
- Gastrointestinal Injury (GI Injury)
Please note: To pre-qualify, your baby must have been born from 2007 - present.
If you meet these requirements, you could be entitled to compensation. However, it’s important to seek legal advice to determine your eligibility. Various factors impact eligibility and all cases are unique.
Which Companies Are Involved in the NEC Lawsuit?
Several infant formula manufacturers have been implicated in NEC lawsuits. Currently, the companies and manufacturers are facing allegations that they failed to warn parents and healthcare providers about the risks of using cow’s milk-based formulas - especially with premature infants.
The NEC lawsuits claim that these companies were aware of the potential dangers but continued to promote and sell their products despite the risks. As more research links these cow’s milk-based formulas to NEC, the number of cases against these companies is forecast to increase substantially.
If your child has suffered from NEC due to formula feeding, you may qualify to join the class action lawsuit.
How Much Compensation Should You Expect in Your NEC Lawsuit?
Determining the exact settlement amount in an NEC lawsuit can be challenging. Typically, the amount depends on several factors such as:
- The severity of your child’s condition.
- The extent of the damages and medical expenses incurred.
- The strength of the evidence presented.
At this point, NEC lawsuits are still in the early stages, and settlements or jury trials have not yet taken place. However, based on similar historic cases involving health-related claims, the potential settlement amounts will ultimately depend on how badly your child has been impacted by the use of the formula.
If you believe your child has been impacted by NEC, please act now. Contact us to learn more about your rights and whether you may qualify for the NEC class action law.
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