Across the United States, Necrotizing Enterocolitis (NEC) formula lawsuits are being pursued by families of premature infants who were diagnosed with NEC after being fed Similac or Enfamil baby formula.
This blog provides an update of the NEC lawsuit, including an overview, status update, and recent developments shaping the litigation.
What is the NEC lawsuit for infant formula?
The NEC lawsuit centers around claims that cow milk-based infant formulas, specifically Similac and Enfamil, are linked to a severe and potentially fatal condition known as NEC in premature infants. Families of affected children argue that these formulas, provided to hospitals for feeding premature babies, have led to devastating health outcomes, including brain injuries, cerebral palsy and death. These lawsuits claim that the manufacturers of Similac and Enfamil, Abbott Laboratories and Mead Johnson, failed to warn the public of the risk of NEC in premature infants exposed to their formula.
What is Necrotizing Enterocolitis (NEC)?
Necrotizing Enterocolitis (NEC) is a serious gastrointestinal disease that affects the intestines of newborn infants. According to the National Institutes of Health, “Healthcare providers consider this disease as a medical and surgical emergency.” The condition occurs when tissues in the small and large intestines become inflamed, potentially leading to tissue death and perforations in the intestinal wall. These holes allow bacteria from waste to enter the bloodstream, causing severe infections that can lead to severe illness or death for the infant.
What are recent key developments?
Broughton Partners Take: Plaintiffs are up 2-1. We are keeping our eyes on the first MDL bellwether trial, which is set to begin in May 2025. The next set of trials are set in May in Philadelphia, with additional Illinois cases set for June and August 2025.
December 2024: Third Trial Concludes in St. Louis
In the third NEC lawsuit to be tried before a jury, Elizabeth Whitfield (plaintiff) alleged that Abbott Laboratories and Mead Johnson failed to warn her about the risks associated with their infant formula. Her son, Kaine Whitfield, was diagnosed with NEC after consuming the infant formula.
The St. Louis jury was asked to award nearly $277 million alone in compensatory damages to cover past and future medical expenses, lost potential earnings, and pain and suffering. Additionally, the plaintiff sought $6 billion in punitive damages against the defendants. After three hours of deliberation, the jury found the defendants not liable for Plaintiffs’ product defect, failure to warn and negligence claims.
August 2024: Missouri Jury Awards $495 Million
In the second NEC lawsuit to be tried before a jury, Margo Gill (plaintiff) alleged Abbott Laboratories failed to warn that using infant baby formula Similac could cause NEC in premature infants. Gill’s daughter was fed Similac baby formula during her time in the neonatal intensive care unit. The plaintiff’s daughter was diagnosed with NEC and suffered irreversible neurological injuries. A St. Louis jury awarded $90 million in compensatory damages and $400 million in punitive damages.
One of the most damaging pieces of evidence presented in the case has recently come to light. In 2009, an Abbott infant formula was internally nicknamed the “death formula” after internal tests on piglets resulted in an approximate 90% mortality rate within 24 hours. Despite these alarming findings, a draft newsletter intended to warn hospitals was altered before its release, with the warning removed, suggesting a deliberate effort to conceal the risks. Moreover, the plaintiff accused Abbott of covering up more than 20 infant deaths linked to their formula, allegations supported by evidence presented in court.
March 2024: Illinois Jury Awards $60 Million
In the first NEC lawsuit to go to trial, Jasmine Watson (plaintiff) alleged that Mead Johnson did not adequately warn of the risks of NEC associated with its cow’s milk-based formula for premature infants. The plaintiff’s lawyers asked for $25 million, and the Illinois state court jury awarded $60 million, sending a strong message about the impact on the affected family and the desire to hold the defendant accountable.
What stage is the NEC lawsuit for infant formula in?
The NEC lawsuit has progressed to the mid-to-late stage of its lifecycle. This phase is characterized by a growing number of cases being actively litigated, with significant legal milestones already achieved. One of the most notable outcomes was a $495 million verdict awarded in St. Louis, underscoring the seriousness of the allegations and the strength of the evidence presented.
The number of active cases within the federal multidistrict litigation (MDL) for Abbott Laboratories/Mead Johnson Preterm Infant Nutrition Products continues to increase, indicating continued momentum in the legal proceedings.
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