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9d ago
Litigation Stage Tracker
Active FilingEmerging
Formation
Active Litigation
Maturation
<45
45–55
55–70
70+
NEC Baby Formula
OpenFILINGMDL 3026Consumer
1,800+
Total Cases
Causation
Medical literature establishes that cow's milk-based formulas significantly increase NEC risk in premature infants compared to exclusive human milk diets. A 2011 Cochrane review found formula-fed preemies have 6-10x higher NEC incidence. Plaintiffs allege Abbott and Mead Johnson knew of this risk but failed to warn NICUs and parents, instead aggressively marketing formula for premature infant use.
Defendants
| Entity | Role | Note |
|---|---|---|
| Abbott Laboratories | Manufacturer | Similac brand — settled first bellwether for confidential terms |
| Mead Johnson Nutrition | Manufacturer | Enfamil brand — $495M bellwether verdict (March 2024) |
| Reckitt Benckiser | Parent Company | Acquired Mead Johnson in 2017 — assumed liabilities |
Litigation Timeline
2011
Cochrane review confirms formula increases NEC risk vs. human milk
Mar 2024
First bellwether verdict — $495M against Mead Johnson
May 2024
Abbott settles separate bellwether for confidential terms
2025
Settlement negotiations ongoing; additional trials scheduled
2026
1,800+ cases pending. Settlement framework expected
Intelligence Signals
CPSCrecallNEC Baby Formula
Tuymec Minoxidil Hair Growth Spray Bottles Recalled Due to Risk of Serious Injury or Death from Child Poisoning; Violates Mandatory Standard for Child-Resistant Packaging; Sold on Amazon by DrHealBeauty. The hair serum contains minoxidil, which must be in child-resistant packaging as required by the Poison Prevention Packaging Act. The hair serum's packaging is not child-resistant, posing a risk of serious injury or death from poisoning if the contents are swallowed by young children.
Courtcourt
TDR Portland Property, LLC v. Ohio Casualty Insurance Company
Courtcourt
Acevedo v. Mead Johnson & Company, LLC
Courtcourt
Miller v. Mead Johnson & Company, LLC.
Courtcourt
HERRINGTON v. JOHNSON & JOHNSON
Key Facts
- Status
- active
Geographic Exposure
·N.D. Ill. (MDL 3026, Judge Pallmeyer)
·State courts in Missouri, Pennsylvania, California
·Nationwide filing — all 50 states
Eligibility Criteria
- ✓Premature infant (born before 37 weeks gestation)
- ✓Fed cow's milk-based formula (Similac or Enfamil) in NICU
- ✓Diagnosed with necrotizing enterocolitis (NEC)
- ✓NEC diagnosis occurred during or shortly after formula feeding