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NEC Litigation Update

MDL No. 3026. In Re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation

Justice Rebecca R. Pallmeyer, the presiding Judge of the United States District Court for the Northern District of Illinois who is overseeing the multi-district NEC litigation for toxic baby formula lawsuits, previously approved a coordinated management plan that is pushing a select group of the NEC litigation claims forward to trial at a rapid pace.  The plan approved by Judge Pallmeyer set 12 cases for trial approximately 12 weeks apart to allow for analysis and settlement discussion between trials. The outcomes of these 12 cases, possibly even fewer, could decide the fate of the entire litigation.

Bellwether Trial Updates

7/26/2024 The second bellwether trial ended today with the jury awarded a whopping 495 million dollar verdict against Abbott Laboratories. The award included 95 million in actual damages and 400 million in punitive damages. In this case, the jury found that Abbott Laboratories was aware that their cows’ milk-based formula Similac, could cause necrotizing enterocolitis (NEC) to develop in premature babies.

3/14/2024 The first of 12 bellwether trials ended in St. Cklair Illinois with a 60 million dollar verdict against the defendant, Mead-Johnson Nutrition. The jury concluded that Mead-Johnson Nutrition had reason to be aware that their cows’ milk-based infant formula Enfamil, increased the risk of necrotizing enterocolitis (NEC) in premature infants.

courtroom and justice scalesSelection of the Bellwether Cases

The selected bellwether cases included four cases chosen by the plaintiffs, four chosen by the defense, and four chosen by the Court randomly from the currently pending cases, They include cases against both Mead-Johnson Nutrition (maker of Enfamil) and Abbot Laboratories (maker of Similac).

Thousands more of these cases are currently pending and it is believed that there are more cases out there that have not been brought to light. If you or someone you love had a premature child who was given cow-based milk formula in the hospital while in neonatal care, there is still time to have your claim evaluated. The courts and attorneys have set strict restrictions and deadlines on what cases qualify. If you would like to be connected with an NEC lawsuit attorney call 800-298-0111. Our intake department is standing by to connect you with someone who can evaluate your case. The call is free and there are no fees nor expenses charged to you unless a recovery is made on your case.

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