Do you want to know the latest updates in the NEC baby formula lawsuits? If so, we’ve got you covered. Throughout the NEC litigation, we will post the latest news and updates here.
Fob James Law Firm represents victims all over the country with their necrotizing enterocolitis (NEC) claims.
If you would like to speak to our NEC baby formula lawyers, fill out our confidential intake form or call 866-837-1010.
NEC Baby Formula Lawsuit Updates
December 2, 2024 – Status Conference Scheduled for December 19th
The next status conference in the Federal Court MDL will occur on December 19th. At this conference, Judge Pallmeyer will likley discuss the following issues:
- outstanding discovery issues,
- any global settlement updates, and
- the bellwether selection and trial process.
Often, status conferences are the way Judges keep track of the progress in the litigation. Their goal is to keep the lawsuits moving along in a reasonable manner.
November 1, 2024 – St. Louis Jury Returns NEC Defense Verdict
Plaintiffs in the NEC litigation had momentum, having won the first two trials. In disappointing news, a jury in St. Louis returned a defense verdict for Abbott and Mead Johnson. This case differed from the first two. Stay tuned for our analysis of what went wrong.
October 11, 2024 – Proposed Bellwether Trial Schedule
We previously posted about the four bellwether cases selected in the Federal Court MDL. The parties in those cases agreed to the following proposed trial dates:
- May 5, 2025: Mar v. Abbott Laboratories, Case No. 1:22-cv-00232
- August 11, 2025: K.B. v. Abbott Laboratories, Case No. 1:22-cv-05356
- November 3, 2025: Brown v. Abbott Laboratories, Case No. 1:22-cv-02001
- February 2, 2026: Inman v. Mead Johnson & Company, LLC, et al., Case No. 1:22-cv-0373
As the first trial date approaches, we’ll see if the Defendants settle or take on the risk of trial.
October 1, 2024 – Proposed Trial Dates Are Due in the Federal MDL and Trial Underway in Missouri
Counsel for Plaintiffs and Defendants in the federal NEC lawsuit must jointly submit proposed trial dates to the Court for the four bellwether trials by Friday.
Meanwhile, the third NEC trial is underway in Missouri state court. The case is Whitfield v. St. Louis Children’s Hospital. We will follow this case closely. The last trial resulted in a large verdict for the plaintiff. Hopefully, that success continues.
September 3, 2024 – Bellwether Cases Selected In Federal Court MDL
The first Bellwether cases in the Illinois Federal Court MDL are:
- Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
- Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
- Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
- Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)
We anticipate that these bellwether trials will begin in 2025.
August 2, 2024 – St Louis Jury Awards $485 Million Dollars
The plaintiffs scored a big win after a St Louis jury awarded the plaintiff a $485 million dollar verdict against Abbott Laboratories in a bellwether trial.
The case is about Margo Gill, an Illinois mother and her three-year-old daughter, Robynn, who was hospitalized after suffering from necrotizing enterocolitis [NEC].
The jury believed the baby formula caused Robynn’s NEC so they awarded $95 million in compensatory damages and $400 million in punitive damages.
Hopefully this verdict helps faciliate a global resolution.
July 15, 2024 – Tennessee Mother Files NEC Lawsuit
A mother in Memphis, TN filed a lawsuit against Abbott Laboratories alleging that her son died from using their baby formula while in the Newborn Intensive Care Unit.
In her Complaint, Nakia Harris says her son was born prematurely at birth and fed cow’s milk-based baby forumula made by Abbott. Shortly thereafter, he developed Necrotizing Enterocolitis and died.
The case was initially filed in the Circuit Court of Shelby County, TN. Abbott subsequently filed a “notice of removal” which transfered the case to the United States District Court for the Western District of Tennessee. Thereafter, the case was transfered to the MDL Court for litigation.
If the case is not resolved in the MDL Court, it may ger transfered back to federal court in Tennessee.
Nakia’s story has unfortunately become far too common in Tennessee. Abbott failed to warn Doctors and mothers about the risks of its baby formala. Infants in Tennessee and across the country have died as a result.
May 21, 2024 – Alabama Resident Files NEC Lawsuit
A mother and resident of Alabama filed a lawsuit against the makers of Enfamil baby formula alleding this product caused her premature baby’s NEC diagnosis. The case will be transferred to the MDL Court overseeing the NEC litigation. If the case is not resolved through the MDL, the case may get transferred back to federal court in Alabama.
March 14, 2024 – Illinois Jury Awards $60 Million Dollars
The verdict is in from the first NEC case that has gone to trial. An Illinois jury awarded $60 million dollars to the mother of a premature infant who died from necrotizing enterocolitis (NEC) after using Enfamil baby formula. The jury found that Mead Johnson, the company that makes Enfamil, did not adequately warn the public about the risks of NEC. The next case that will likely go to trial is in Philadelphia. Huge verdicts like this one help resolve the remaining claims. The question is how many trials will it take for the defendants to give up.
March 1, 2024 – Georgia Mother Never Warned About the Risks of Baby Formula
Every parent’s worst nightmare is to lose a baby. Heather Holley, a Georgia mother, gave birth to twins prematurely at 32 weeks via C-section. Her doctors recommended that the twins supplement breast milk with fortified formulas to get extra calories.
After starting on the formula, one of Holley’s twins tragically developed NEC, which caused the baby’s intestinal system to shut down. Holley’s newborn did not survive.
According to Holley, she was was never warned about the potential risks of formula feeding, even after River died. Nevertheless, Holley’s instinctively refused the doctors’ requests to giver her other baby formula. That baby only breast fed and thankfully is alive today.
Unfortunately, Holley’s story is all too common in Georgia and across the country. Her situtation highlights the importance of transparancy in warning consumers about the risks with cow milk baby formulas.
The NEC litigation is not only about getting clients far compensation, it is also about forcing companies like Abbott to warn people about the dangers using their products.
January 10, 2024 – Study Links Baby Formula to NEC
A new NIH funded study published in the Journal of the American Medical Association links baby formula to necrotizing enterocolitis [NEC].
Specifically, the study found that extremely preterm infants fed donated human milk had half the rate of NEC as preterm infants who were fed formula.
9% of preterm babies fed formula were diagnosed with NEC. On the other hand, only 4.2% of preterm babies fed donated human milk were diagnosed with NEC. This study reflects a clear link between baby formula and NEC.
What Is The NEC Lawsuit About?
Premature infants are often fed cow’s milk based formula and fortifier like Enfamil and Similac to get extra calories and nutrition.
Under product liability law in the U.S., manufacturers have a duty to warn consumers about dangers of their products.
The NEC lawsuits allege that the makers of Similac and Enfamil knew that premature babies consuming their formulas are at a much higher risk for developing NEC.
NEC is a serious intestinal disease that destroys intestinal tissue and can lead to severe infection and, in many cases, death.
Despite their knowledge, these companies aggressively marketed their baby formula as equivalent to breast milk while failing to warn parents of the risks.
In addition, the NEC lawsuits allege these companies negligently designed and formulated their products. Had they done proper testing, the dangerous formula could’ve been prevented.
The bottom line that the manufacturers failed to warn parents that their baby formula put babies at risk for NEC.
Who Qualifies for the NEC Baby Formula Lawsuit?
Anyone whose premature baby was diagnosed with NEC after ingesting cow’s milk formula or fortifier may qualify for the NEC lawsuit.
In general, qualifying NEC cases involve the following factors:
- Baby born premature (before 37 weeks)
- Infant given Similac or Enfamil formula before NEC diagnosis,
- Infant diagnosed with necrotizing enterocolitis (NEC),
- Infant suffered specific serious injuries requiring medical treatment: (i.e. the child died, had one or more surgeries, has ongoing gastrointestinal or other bowel conditions, has cerebral palsy or other ongoing neurological conditions, or suffered other serious/lasting injuries.),
- Child born after 2006
To see if your case qualifies for the NEC lawsuit, contact Fob James Law firm today.
We Represent NEC Baby Formula Clients Nationwide
Fob James Law Firm is honored to represent victims and their families who are suffering injuries caused by toxic baby formula.
We are ready to aggressively represent you and your family on your claim no matter what state you reside in.
Contact a NEC Lawsuit Lawyer Near Me For Help
At Fob James Law Firm, our job is to fight for your best interests. If you’ve suffered an injury as a result of toxic baby formula, you should contact us immediately.
We can determine if you are eligible to file a claim or not. It won’t cost you anything to speak with us.
Additionally, you’ll never pay us anything until we successfully settle or win your case in court. Our NEC lawsuit attorneys are experienced, dedicated, and they truly care about you.
We treat all of our clients exactly how we would want our own family members to be treated. Contact us right now at 866-37-1010 or set up a free case evaluation so we can help you.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.