FREE Case Evaluation: 1-800-375-6160
To determine eligibility for an NEC lawsuit, NEC baby formula lawyers require the confluence of the following three factors:
Medical documentation of NEC diagnosis, details of formula usage, and the absence of adequate warnings from manufacturers are important in establishing a credible claim.
Key eligibility factors also include the duration and amount of formula intake. Premature babies who were fed these formulas extensively may have a stronger case.
The lack of warnings about the potential risks of NEC at the time of formula use is a crucial aspect, as it forms the basis of claims that manufacturers failed to inform caregivers adequately about the potential health risks of feeding cow milk baby formula to premature babies.
Filing an NEC baby formula lawsuit, like other personal injury or product liability claims, follows a series of steps to ensure the validity and strength of the claim. The following are the general steps to file an NEC lawsuit:
A significant verdict was reached in March 2024, when an Illinois jury ordered Mead Johnson to pay $60 million to the mother of a premature infant who died after being fed Enfamil, a cow’s milk-based formula.
This judgment, part of broader litigation concerning NEC risks from such formulas, highlights the potential financial consequences facing manufacturers.
This case’s outcome may influence future settlements and trials in ongoing NEC-related lawsuits, as it represents one of the first substantial awards in this extensive legal battle.
In late June, a new baby formula lawsuit was filed in the NEC MDL by the parents of M.N., a premature infant who tragically passed away after developing NEC. The plaintiffs allege that cow’s milk-based products from infant formula manufacturers Mead Johnson, including Enfamil Premature Infant Formula and Enfacare, caused the condition.
According to the lawsuit, M.N. was born prematurely on October 3, 2015, at the University of Mississippi Medical Center in Jackson, Mississippi. Shortly after birth, M.N. was fed the defendants’ cow’s milk-based baby formulas. The infant soon developed NEC, a severe intestinal condition that required surgery. Unfortunately, M.N. succumbed to the injuries and passed away on October 29, 2015.
The wrongful death claim asserts that the parents were not informed about the risks associated with feeding premature infants cow’s milk-based products, including the potential development of NEC and the risk of severe medical complications or death. The plaintiffs argued that if they had known about these risks, they would not have allowed M.N. to be fed the defendants’ baby formula products.
The lawsuit seeks compensation for the financial and economic losses, as well as the emotional harm and distress suffered by the plaintiffs due to their child’s illness and subsequent death.
After two consecutive months of above-average new case volume, May saw a slight decline in new baby formula cases added to the NEC infant formula MDL. Over the past 30 days, only 18 new baby formula lawsuits were reported, bringing the total number of pending cases to 514.
In April, the NEC preterm infant formula MDL saw the addition of 43 new cases, continuing a trend of elevated new case volume for the second consecutive month. The current count of pending baby formula lawsuits now stands at 496.
To streamline the service of Short Form Complaints (SFC) to counsel of record and ensure more accurate and transparent reporting, the court has enlisted BrownGreer to implement specific protocols outlined in a recent order. BrownGreer, a legal services firm specializing in mass claims administration and settlement administration, will handle the service and maintenance of SFCs for all cases filed in the MDL.
Plaintiffs in mass tort litigation often hire more than one lawyer, leading to duplicate cases filed by different law firms. The MDJ judge has received several motions and stipulations of dismissal due to these duplicate cases. Some requests seek dismissal with prejudice, while others seek dismissal without prejudice.
In a new order issued May 13, 2024, the judge declared that there is no justification for dismissing a plaintiff’s case without prejudice if they are represented by competent counsel in another case. If that counsel becomes unable to represent the plaintiff, substitute counsel can step in, but there will be no grounds to reinstate the previously dismissed case. Henceforth, all such dismissals will be with prejudice, regardless of the request made.
Over the past month, the preterm infant formula NEC class action lawsuit MDL saw an additional 50 new cases filed, marking the highest monthly surge since its inception. This brings the total number of active NEC infant formula cases to 453, a significant rise from 342 cases reported at the beginning of the year.
A significant court ruling in Illinois awarded $60 million in an NEC baby formula lawsuit against Mead Johnson. This is the first NEC failure-to-warn lawsuit to go to trial. It concluded with a jury verdict significantly higher than the $25 million sought by plaintiffs, marking a crucial precedent in NEC infant formula litigation.
The infant formula NEC lawsuits MDL has grown to 405 cases, with 16 new baby formula cases added in the last month.
The NEC baby formula MDL saw an addition of 47 new cases, representing the second largest monthly increase since the beginning of the MDL.The NEC lawsuits continue to grow as more parents join the litigation, with 389 total cases pending.
The NEC preterm baby formula MDL saw a significant increase, with 50 new cases added, one of the highest monthly volumes to date. This surge brings the total number of pending baby formula cases to 339. Earlier in the month, on December 1, the count stood at 290 after an addition of 15 new cases.
U.S. District Judge Rebecca R. Pallmeyer in Illinois has chosen four pivotal “bellwether” cases for trial, aimed at evaluating potential jury responses to the evidence. Two of these cases involve both Abbott Laboratories and Mead Johnson, while the others individually target each company.
Three cases involve wrongful death claims due to necrotizing enterocolitis linked to the formulas, and one involves an infant who survived necrotizing enterocolitis (NEC) but underwent multiple surgeries.
Trials are expected to begin in 2024. The outcomes could significantly influence future NEC settlement strategies in this class action.
A modest increase in baby formula cases occurred with 12 new NEC lawsuits added, reflecting a steady but slower accumulation in the MDL.
Following a recent status conference, the Judge approved a short extension for the plaintiffs to select bellwether cases.
In September, 83 new cases were added to the NEC class action MDL. This raises the total to 263 active cases, significantly up from 97 at the beginning of the year.
Meanwhile, there’s been tension between the plaintiff lawyers and defendants regarding the depositions of treating doctors, crucial for the lawsuits. Defendants, Abbott and Mead, are pushing for the first jury trial to be held in federal court.
After disagreements on the timeline, the court required the parties to present a mutually agreed-upon order detailing an updated discovery timetable and setting a further status conference.
The NEC infant formula lawsuit class action has doubled since the start of the year, with 14 new baby formula cases added last month, bringing the total to 205. At this rate, the case count could reach approximately 300 by year-end and potentially 400 by the first bellwether trials.
A significant wrongful death lawsuit, Rowe v. Abbott, was directly filed into the NEC class action MDL. This case involves a child born prematurely in 2007 who tragically passed away from NEC after being fed Abbott’s cow milk-based formula in the NICU.
The NEC baby formula lawsuit alleges that Abbott failed to provide adequate warnings and guidelines for the use of their products in preterm infants, specifically concerning the risks of necrotizing enterocolitis (NEC).
The preterm infant formula lawsuits have steadily risen, with 26 new NEC baby formula lawsuits transferred into the MDL last month. This brings the total to 191 pending cases.
At this rate, by year-end, there could be over 300 NEC cases involving baby formula pending. Legal experts anticipate the first trials may commence in 2024 or 2025.
The Judge’s recent order highlighted the selection process for bellwether cases and noted ongoing discovery disputes. The judge emphasized the importance of bellwether trials for shaping potential settlements.
The pace of new NEC infant formula lawsuits in the MDL has significantly increased, with 38 new cases in the past month. This brings the total number of lawsuits to 165, up from 110 cases just three months ago.
The plaintiffs have accused Abbott and Mead Johnson of aggressive marketing practices that fail to adequately warn about the risks of NEC associated with their cow’s milk-based formulas, particularly in preterm infants.
During the recent status conference, the Judge set a deadline for selecting a pool of potential bellwether cases for trial.
Necrotizing enterocolitis (NEC) is a serious gastrointestinal problem that primarily affects premature infants. It is a disease of the intestinal tract in which the tissue lining the intestine becomes inflamed, dies, and can slough off.
Given the lawsuits and ongoing research linking certain formulas to NEC, it is advisable for parents to consult with healthcare providers about safer feeding options for at-risk preterm infants.
The timeline for an NEC lawsuit resolution can vary significantly. Factors include the complexity of the case, the number of parties involved, and ongoing litigation dynamics. Some cases may settle quickly, while others, particularly those part of multidistrict litigation, may take years.
With our assistance, locating a lawyer skilled in handling an NEC baby formula lawsuit is easy. Simply complete our contact form, and upon submission, a member of our team will promptly contact you to link you with a seasoned attorney tailored to your case. Reach out to us today without delay to secure the expert legal support and lawyer you need.
