NEC Baby Formula

The recent defense win in Missouri shows how unpredictable jury trials can be. While the plaintiffs in this case didn’t win, it’s unlikely to stop the ongoing NEC lawsuits. Lawyers for the plaintiffs are still hopeful, pointing to previous cases where large amounts of compensation were awarded as proof that the litigation is strong and moving forward.

The defense win in Missouri yesterday won’t stop the momentum of this litigation. In October alone, 26 new cases were filed, bringing the total to over 600 pending cases. Many more are being added in state court. Right now, state court cases are moving faster than the MDL, shaping the tone of this litigation and encouraging more plaintiffs to file in state court.

Just yesterday, I mentioned signs that seemed to point to a plaintiff’s victory. However, it’s impossible to predict the outcome of a trial. The defendants secured their first defense win in Whitfield. Plaintiffs’ lawyers were confident, even asking for $6 billion in punitive damages during their closing statements.

The most recent state court trial involving baby formula has resulted in a win for the defendants. A St. Louis jury sided with Abbott and Mead Johnson in a case where a mother of a premature infant, who developed NEC, claimed that the companies failed to warn about the risks of the disease. This verdict is surprising, especially after two state trials earlier this year resulted in huge wins for the plaintiffs.

In the MDL (Multidistrict Litigation), there was also major news earlier this month. The parties involved proposed a schedule for the four bellwether cases, with the first trial set to begin on May 5, 2025. These trials will continue through February 2026, but the schedule still needs to be approved by Judge Pallmeyer.

A Missouri jury awarded $495 million to the family of an infant who suffered severe complications from NEC after consuming Abbott’s premature infant formula in the NICU. Lawyers believe this verdict could have a significant impact on the future of baby formula litigation. The award consisted of $95 million in damages and $400 million in punitive damages. Abbott disagrees with the verdict and plans to seek an appeal. This case was in state court, while bellwether trials for the federal MDL are set to begin in May 2025, unless the defendants attempt to negotiate a settlement before then.

The number of cases in the infant formula NEC class action MDL keeps growing steadily. In November, 26 new cases were added, which is the same number as the month before. Currently, there are 626 cases pending in the MDL. However, there is no information on how many of these cases involve Enfamil compared to other formula brands.

The judge overseeing the NEC formula MDL has scheduled an important in-court status conference for December 19th, which is not very common in such cases. During this conference, several key topics will be discussed, including the process for selecting the bellwether cases (which are representative cases used to guide the rest of the litigation), ongoing discovery issues (where both sides exchange evidence and information), and the possibility of moving toward settlement mediation to resolve the cases without going to trial. This conference will be a critical step in moving the litigation forward.

To prevent defendants from being wrongly named in NEC lawsuits, the MDL judge has introduced a new rule specifically regarding Mead Johnson & Company. The rule requires that the company can only be included in the lawsuit if there is clear evidence showing that the baby used their products.

To make sure this is followed, the court has set out clear steps for identifying Mead Johnson products. Lawyers representing the plaintiffs must carefully review the baby’s medical and feeding records from birth until discharge to confirm which products were used. If the records don’t show clear evidence of using Mead Johnson products, further investigation is needed.

If lawyers don’t follow these rules or fail to prove that Mead Johnson products were involved, the case could be thrown out. This new rule highlights the importance of careful research before filing a lawsuit to ensure that only relevant cases against Mead Johnson move forward in the NEC formula MDL.

The NEC class action lawsuits in both state and federal courts are progressing, but at a slow pace. However, progress is being made. Plaintiffs believe the stronger cases are solid, but there may not be as many strong cases as attorneys initially expected.

As of December 2023, 290 cases have been filed in the multidistrict litigation (MDL) in the Northern District of Illinois, with Judge Rebecca Pallmeyer overseeing the consolidation and coordination of these cases. Many more lawsuits have been filed in state court.

The first bellwether trials for the NEC MDL are scheduled for 2024. The outcomes of these trials could have a significant impact on the future of the lawsuits. However, it’s more likely that settlement offers related to NEC baby formula cases will be made, bringing an end to the litigation for many families.