NEC lawsuit Updates
Court Limits Defense Expert Testimony in NEC Formula Litigation
The court has partially excluded testimony from key defense experts in the NEC formula litigation. Most significantly, Dr. Larry Hedges, a lead expert for Mead Johnson, was partially excluded after admitting he used incorrect data from a key study, improperly making formula appear safer. While experts Dr. Makuch and Dr. Claud were permitted to testify, the court noted serious flaws in their methodology, including selective use and exclusion of studies. This ruling limits the manufacturers' ability to rely on scientifically questionable opinions, strengthening plaintiffs' position by ensuring expert testimony is based on sound methodology and complete data.
Lawsuits Mount Over Infant Formula Linked to Life-Threatening NEC in Premature Babies
Parents are filing lawsuits alleging that cow's milk-based infant formulas caused their babies to develop necrotizing enterocolitis (NEC), a severe and often fatal intestinal condition. Premature infants are at the highest risk for NEC, which frequently requires high-risk surgical intervention with high mortality rates. These legal actions proceed alongside ongoing scientific research aimed at refining surgical criteria and improving survival predictions for affected infants. The litigation asserts that manufacturers failed to adequately warn of the known risks their products posed to vulnerable preterm neonates.
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.
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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