NEC lawsuit Updates
Research Article Acknowledges Core Claims in NEC Baby Formula Litigation
A recent article in Pediatric Research reviews the legal and scientific debates surrounding formula and necrotizing enterocolitis (NEC) in preterm infants. While cautiously noting no conclusive proof of causation and warning against letting lawsuits dictate medical practice, the piece makes critical concessions. It acknowledges human milk's protective effect, longstanding concerns about cow's milk-based products, and a meta-analysis showing formula-fed infants face nearly double the NEC risk. The article also recognizes the substantial plaintiff verdicts already rendered. Thus, even cautious research reinforces the litigation's foundation: bovine-based formula increases risk, human milk is safer, and courts are imposing accountability.
Court Implements Census Process in NEC Baby Formula MDL to Facilitate Settlement
Judge Rebecca Pallmeyer has issued Revised Case Management Order No. 14 in the NEC baby formula multidistrict litigation (MDL), establishing a detailed census process to account for all plaintiffs. This includes cases filed in the MDL, other courts, and unfiled claims. Plaintiff attorneys must submit electronic census forms via MDL Centrality, complete with supporting medical records. Deadlines are strict: 30 days for MDL cases (with signatures due within 60 days if needed), and 60 or 90 days for other cases based on retention dates. This initiative aims to create an accurate claims inventory, separate viable cases, and support a structured path toward resolution.
Court Dismisses NEC Bellwether Trial Against Abbott Laboratories
A bellwether trial in the necrotizing enterocolitis (NEC) multidistrict litigation, originally scheduled to begin on August 11, 2025, has been dismissed in favor of Abbott Laboratories. U.S. District Judge Pallmeyer ruled that the plaintiff’s expert testimony was not sufficiently relevant to the case, resulting in dismissal of the lawsuit involving Abbott’s Similac infant formula. While this ruling is a setback, additional NEC test trials are scheduled to proceed into 2026. Parents of infants who developed NEC after consuming Similac or other infant formulas should consult with an attorney to evaluate their legal options.
Abbott Adopts Defensive Stance in NEC Infant Formula Litigation, Dismissing Settlement Talks
During Abbott’s Q2 2025 earnings call, CEO Robert Ford firmly dismissed the possibility of settling NEC infant formula litigation, emphasizing the company’s confidence in its products and their endorsement by regulators, physicians, and the scientific community. He downplayed the product’s revenue impact and suggested Abbott would consider withdrawing it from the market rather than yielding to legal pressure. While this uncompromising tone reflects a common corporate strategy to minimize perceived liability during public financial updates, historical mass tort trends suggest such positions may not preclude future settlements.
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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