NEC lawsuit Updates
Court Upholds Key Plaintiff Experts in NEC Infant Formula MDL
Judge Rebecca R. Pallmeyer preserved plaintiffs' core liability theory in the NEC infant formula litigation by denying defendants' Daubert challenges to two causation experts. The court upheld pediatric epidemiologist Dr. Logan Spector's meta-analysis of over two dozen studies showing statistically significant increased NEC risks in premature infants fed cow's milk-based formula, including a 67% higher risk in randomized trials, 226% in cohort studies, and 135% greater odds in case-control studies. Neonatologist Dr. Jennifer Sucre's testimony on biological mechanisms also survived, with the court accepting her analysis of how formula ingredients may trigger gut inflammation. The ruling allows bellwether trials to proceed while deferring issues regarding milk fortifiers for future review.
Abbott Laboratories Prevails in First Baby Formula NEC Trial"
The first bellwether trial in the baby formula MDL involving necrotizing enterocolitis (NEC) claims has concluded with a victory for Abbott Laboratories. Judge Rebecca Pallmeyer granted summary judgment, ruling that the plaintiffs failed to prove Abbott’s alleged failure to warn about NEC risks associated with its Similac Special Care formula. While this result is a setback for other plaintiffs, it does not mark the end of the litigation. Families of infants diagnosed with NEC after consuming cow’s milk-based formulas are encouraged to seek legal advice to explore their options before deciding on next steps.
Abbott Wins Pretrial Judgment in Similac MDL Case
The MDL judge has entered judgment in favor of Abbott Laboratories, finding the company not liable for the death of an infant who consumed its Similac product. The ruling was issued just over a week before the case was scheduled for trial. This particular case was considered factually weak for the plaintiffs, making the outcome unsurprising.
NEC Litigation Slows Before Bellwether Trial
After a record 63 new filings in February, the NEC baby formula MDL saw a slowdown in March, with 20 new cases, bringing the total to 683. This dip precedes the upcoming May 2025 bellwether trial in Mar v. Abbott Laboratories. Recent verdicts, including a $495 million Missouri award and a $60 million Illinois judgment, continue to drive new claims. With the only defense verdict vacated for trial misconduct, plaintiffs remain undefeated. Case filings are expected to rise following the first federal trial, particularly if the jury aligns with state court outcomes.
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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