NEC lawsuit Updates
Missouri Judge Vacates NEC Defense Verdict
A Missouri judge has overturned the only jury verdict favoring Abbott and Mead Johnson, citing intentional violations of court orders that misled jurors. This ruling eliminates the formula makers' sole courtroom victory and reinforces the liability they face in NEC cases. Judge Noble found that the defense repeatedly introduced inadmissible evidence, misrepresented the plaintiff’s position, used improper expert testimony, and exploited unproven claims about maternal marijuana use. Abbott’s lead attorney had already been sanctioned for bad faith conduct. While the companies plan to appeal, this decision strengthens plaintiffs’ position as prior NEC verdicts near $500 million, increasing pressure on formula makers
Defendants Seek Summary Judgment
Defendants in the NEC baby formula MDL have moved for summary judgment, arguing that plaintiffs lack admissible expert testimony to prove that cow’s milk-based formula causes NEC in preterm infants. Their motion hinges on excluding plaintiffs’ experts under Rule 702, which, if successful, would eliminate necessary causation testimony and potentially dismiss all cases. However, similar arguments have failed before. Juries have already returned substantial verdicts, including $60 million in Illinois and $495 million in Missouri. While defendants cite government reports questioning causation, plaintiffs will counter with research and internal documents suggesting manufacturers knew the risks but failed to warn. Litigation history suggests dismissal is unlikely.
Defense Seeks to Exclude Expert Testimony in NEC lawsuit
Abbott Laboratories and other defendants in the Preterm Infant Nutrition MDL have moved to exclude Dr. Jennifer Sucre, a highly respected neonatologist, from testifying on the link between formula feeding and necrotizing enterocolitis (NEC) in preterm infants. Dr. Sucre, a Vanderbilt University physician-scientist, is a leading expert in neonatal medicine. Despite her extensive credentials, defendants argue her focus on lung development undermines her NEC testimony and dismisses her reliance on ethical, non-human studies. Their strategy is clear—discredit a trusted expert to weaken plaintiffs’ evidence and avoid accountability for the risks associated with their products.
MDL Status Report Sets Pretrial Schedule
A Joint Status Report filed today in the MDL establishes a streamlined pretrial briefing schedule for Rule 702 expert witness motions and dispositive motions. The plan focuses on key issues while deferring certain case-specific motions to trial dates. The schedule includes staggered briefings for general and case-specific experts, agreed page limits, and procedures for resolving disputes over supplemental reports and depositions. Additionally, motions in limine and the final pretrial conference for the first bellwether trial are scheduled. The Mar case is set for trial on May 5, 2025, reflecting efforts to maintain efficiency and avoid scheduling conflicts.
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 devasting 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 pre-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 pre-qualify for the NEC class action law.
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