NEC lawsuit Updates
Preterm Infants Face Elevated NEC Risks from Formula Feeding; Lawsuits Target Manufacturers
Preterm infants are at significantly higher risk of necrotizing enterocolitis (NEC)—especially when fed formula instead of human milk. Recent research identifies maternal-fetal blood incompatibility, blood transfusions, and fasting protocols as key exacerbating factors. Scientists are investigating these mechanisms to improve treatments. Meanwhile, parents of affected infants pursue ongoing litigation against formula manufacturers (e.g., Mead Johnson, Abbott) in multidistrict litigation (MDL 3026), alleging failure to warn about formula’s NEC risks for vulnerable preemies despite known scientific evidence. Lawsuits seek compensation for medical costs, disabilities, or wrongful death.
Abbott Wins Summary Judgment in NEC Bellwether Due to Causation Expert Limitations
The MDL judge granted summary judgment to Abbott Laboratories in the second NEC baby formula bellwether case, canceling the imminent trial. The ruling held the plaintiff’s causation expert could not offer an opinion specifically applicable to infants matching her child’s gestational age and weight. While the judge left open refiling if new evidence emerges, the case is effectively dismissed. This outcome reflects a trend where judges exclude expert testimony under Daubert based on narrow factual fit rather than methodology. Consequently, plaintiffs increasingly file NEC cases in state courts, seeking venues where juries assess causation evidence. The MDL’s progress slows further, with the first trial now anticipated in November 2025.
New Study Sheds Light on NEC Triggers as Lawsuits Against Formula Makers Grow
A recent study has identified key biological pathways involved in necrotizing enterocolitis (NEC), a life-threatening condition affecting pre-term infants. Researchers found that RIPK1, a protein linked to cell death, was activated in pre-term rats with NEC. In contrast, full-term rats developed NEC due to an imbalance between Bax and Bcl-2—proteins also tied to cell death. These findings offer critical insights into how NEC develops at the cellular level. Meanwhile, parents of affected infants are filing lawsuits against formula manufacturers, alleging that formula feeding contributed to their children’s severe injuries or death. The science may shape future litigation and public health policy.
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
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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