Baby Formula Lawsuit Update
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Introduction
In recent months, a wave of legal actions has swept the nation as concerned parents are taking a stand against major baby formula brands. The ongoing Baby Formula Lawsuit has gained significant attention, with specific focus on cases related to necrotizing enterocolitis (NEC) caused by certain formula products. In this article, we delve into the reasons behind the legal actions, the brands involved, who qualifies to file an NEC Baby Formula Lawsuit, and whether a baby needs to be diagnosed with NEC to file a claim.
Why are People Filing Baby Formula Lawsuits?
The surge in Baby Formula Lawsuits stems from mounting concerns over the safety and quality of some popular baby formula brands. Allegations have been made that certain formulas might be linked to severe health issues in infants, including NEC. NEC is a rare but potentially life-threatening intestinal condition that primarily affects premature babies, and its possible connection to specific formula products has led to widespread alarm among parents and the wider community.
Baby Formula Brands Mentioned in Similac and Enfamil Lawsuits
Two of the major formula brands, Similac and Enfamil, have come under scrutiny in the lawsuits. While it is essential to note that not all their products are implicated, specific formulations have been the subject of legal action. Parents have claimed that some batches of Similac and Enfamil formula were associated with NEC in their infants, prompting investigations into the manufacturing processes and ingredients used in these products.
NEC Baby Formula Lawsuit Qualification
Parents and guardians who believe their infants have been harmed by baby formula products linked to NEC may qualify to join the NEC Baby Formula Lawsuit. To qualify, individuals must have used the specific implicated formulas during the designated time frames when issues were reported, and their babies must have been diagnosed with NEC or experienced related health complications as a result.
The NEC Baby Formula Lawsuit aims to hold the formula manufacturers accountable for any negligence, potential defects, or inadequate safety measures that may have contributed to the development of NEC in affected infants. This legal action seeks compensation for medical expenses, pain and suffering, and any other damages related to the NEC diagnosis.
Does My Baby Have To Be Diagnosed with NEC To File a Claim?
While a confirmed NEC diagnosis can strengthen a claim in the NEC Baby Formula Lawsuit, it is not the sole criterion for eligibility. Parents who suspect their child's health issues are linked to specific baby formula products may still be able to participate in the lawsuit, even without an official NEC diagnosis. However, it is essential to consult with legal experts to understand the specific requirements and the strength of such cases.
How Long do I Have To File a NEC Baby Formula Lawsuit?
The time you have to file a NEC Baby Formula Lawsuit varies depending on your jurisdiction and the specific statute of limitations applicable in your region. In general, the statute of limitations for filing a NEC Baby Formula Lawsuit ranges from one to three years from the date of injury or from the date when the injury was discovered. However, this timeframe may differ based on local laws and regulations.
It is crucial to consult with a qualified attorney who can provide accurate and up-to-date information on the statute of limitations relevant to your case. Taking legal action within the prescribed time limits is essential to protect your rights and ensure that you have the opportunity to seek compensation for any harm your child may have experienced due to NEC linked to baby formula products.
Baby Formula Lawsuit Update
As of October 2022, significant progress has been made in the Baby Formula Lawsuit, particularly regarding the selection of bellwether test cases in the NEC class action lawsuit. Both plaintiffs and defendants have taken steps to establish a schedule and protocol for the trial process.
The court has been presented with a list of 66 pending cases related to formula-induced NEC. From this pool of cases, 12 bellwether discovery cases will be chosen to undergo the pretrial discovery phase. This discovery phase aims to gather crucial evidence and information that will be essential for the subsequent trials.
Following the completion of the discovery phase, a final group of four cases will be selected for the initial bellwether test trials. The selection process for these cases is a collaborative effort between the plaintiffs and defendants. Each side will choose two cases, and the court will randomly select the remaining two cases from the pool of 12.
The bellwether test trials are scheduled to be conducted 12 weeks apart, alternating between the cases chosen by the plaintiffs and the defendants. These trials serve as a critical litmus test, providing insights into the strengths and weaknesses of the arguments put forth by both parties. They will help gauge how the juries might respond to the evidence presented and set potential benchmarks for future trial outcomes.
The goal of the bellwether trials is to gain valuable information that can guide the resolution of the remaining cases in the Baby Formula Lawsuit. By observing the outcomes of these initial trials, both the plaintiffs and the defendants can assess the viability of their respective claims and defenses. Additionally, the results of these trials may pave the way for potential settlement negotiations or establish a precedent for future settlements.
The process of selecting the bellwether cases is expected to be completed by November 23, 2022. As the trials progress, there will likely be further developments and updates in the Baby Formula Lawsuit. It is crucial for all parties involved, as well as the general public, to closely monitor the proceedings as they unfold.
NEC Class Action Lawsuit Status Updates
For those closely following the NEC baby formula lawsuit, here are some recent updates on the latest developments in the litigation:
July 18, 2023 NEC Update:
The NEC preterm infant formula class action lawsuit has seen a notable increase in the number of cases. Over the past 30 days, an additional 11 new cases have been added, bringing the total number of pending claims in the MDL (Multidistrict Litigation) to 191. This significant surge reflects more than double the number of cases present at the beginning of the year.
July 11, 2023 NEC Update:
The statute of limitations has become a crucial aspect in some NEC lawsuits. While most plaintiffs' claims seem to be on solid ground, there are complexities in certain cases surrounding the statute of limitations.
In one particular instance, a San Francisco Superior Court judge tentatively approved Abbott Laboratories' motion to dismiss sixteen lawsuits related to NEC baby formula. However, the judge's decision allows parents the opportunity to revise and refile their complaints, renewing the legal battle. Attorneys for the parents argue that the two-year timeframe to file their complaints should begin only when they became aware of the alleged formula-related issues, based on principles of fundamental fairness.
June 28, 2023 NEC Update:
Another recent case, Hayes v. Mead Johnson & Co, LLC, et al. (3:23-cv-62), was transferred into the NEC infant formula class action MDL. The case was filed in the Southern District of Indiana by Sandra Smith, as guardian of Adam Smith.
Adam Smith, born prematurely at just 23 weeks in April 2003, was given Enfamil Premature 24 formula, a cow's milk-based product manufactured by Mead Johnson. He received the formula 28 times in his first month of life and subsequently developed symptoms of gastrointestinal distress. Adam was diagnosed with NEC and underwent surgery to remove a portion of his bowel, resulting in ongoing complications.
June 16, 2023 NEC Update:
In the last month, 14 new plaintiffs have joined the NEC preterm infant formula MDL, bringing the total number of pending cases in the NEC class action to 180. This is a substantial increase from the 97 cases present at the beginning of the year.
May 31, 2023 NEC Update:
The U.S. Federal Trade Commission (FTC) has initiated an investigation into potential collusion among baby formula manufacturers, including Abbott Laboratories, in bidding on state contracts. This investigation focuses on bids submitted to supply the Department of Agriculture's Women, Infants, and Children (WIC) program, which offers free formula to low-income families. Winning such contracts reportedly boosts commercial sales. The FTC is also inquiring about the companies' formula sales beyond the WIC program. This investigation comes amid an ongoing dispute between the FTC and Abbott over information disclosure following a nationwide formula shortage after the closure of an Abbott plant in Sturgis, Michigan, in February 2022.
May 23, 2023 NEC Update:
U.S. District Judge Matthew Kennelly dismissed the economic loss claims made by parents who purchased Similac infant formula, citing a lack of evidence that the specific product they bought was contaminated. Nevertheless, the judge allowed personal injury claims to proceed and retained claims related to heavy metals in the formula. However, allegations regarding unsanitary conditions at the manufacturing plant were limited. These rulings do not affect the NEC claims being handled by our law firm.
May 15, 2023 NEC Update:
Since the creation of the infant formula NEC class action MDL, 89 cases from federal districts across the country have been involved. Over the past 12 months, an additional 77 cases have been transferred into the MDL, resulting in a current total of 166 cases. While this class action was never expected to encompass thousands of plaintiffs, the limited growth has been somewhat surprising.
May 1, 2023 NEC Update:
Plaintiffs are actively seeking the discovery of foreign regulatory materials. This discovery is critical as plaintiffs' lawyers need to determine whether there is any relevant evidence regarding Mead and Abbott's awareness of the risks posed by their products to premature infants. Mead's conduct is making this electronic discovery challenging, leading to a motion to compel.
April 25, 2022 NEC Update:
The final case-specific discovery plan has been approved for the pool of 12 bellwether cases in the NEC formula class action MDL. The discovery protocols permit each side to conduct depositions of case-specific factual witnesses and treating doctors in each of the 12 cases. Once this process is completed, four out of the 12 cases will be selected for the opening round of bellwether trials. A final pre-trial conference is currently scheduled for March 11, 2024, during which the initial trial date will be confirmed.
April 19, 2022 NEC Update:
The class action in Illinois now has 122 NEC lawsuits pending.
April 1, 2023 NEC Update:
A new study conducted by Emory University indicates that African-American infants born prematurely are more likely to suffer from NEC and have a higher mortality rate than white infants. This study highlights healthcare disparities and the lack of access to human donor milk in certain communities, potentially increasing the incidence of NEC in black preemie infants who consume formula.
March 16, 2023 NEC Update:
The infant formula NEC class action MDL currently has 122 plaintiffs with active cases. Over the past month, 17 new plaintiffs have joined the litigation, marking one of the highest monthly volumes since the MDL's creation.
February 24, 2023 NEC Update:
Over the last month, five new cases have been transferred into the baby formula NEC class action litigation in the Northern District of Illinois. As a result, there are now 97 cases pending in the MDL, the same number as six months ago. This smaller-scale litigation may facilitate future NEC lawsuit settlements as it is less burdensome for the defendants, allowing for reasonable settlement payouts without compromising their profitability.
January 17, 2023 NEC Update:
Nine new infant formula NEC lawsuits have been filed and transferred into the NEC class action MDL over the last month. As a result, the total number of NEC formula lawsuits pending in the MDL has reached 97. It's important to note that this number represents the total plaintiff population (excluding those in state court) since there is no claim registry in this MDL. However, it is anticipated that the number of NEC baby formula lawsuits will continue to increase over time.
January 6, 2023 NEC Update:
Judge Pallmeyer is planning to hold a "science day" in the NEC infant formula class action lawsuit. Such events are common in complex mass torts, providing both sides in the litigation an opportunity to educate the MDL judge on the scientific evidence and issues involved in the cases. The court has asked the parties to provide potential dates for the NEC science day during an upcoming January status conference.
November 11, 2022 NEC Update:
In the infant formula NEC class action MDL, eight cases have been identified for participation in the bellwether program. By the end of the month, the defendants will select four more cases to be included in this group. The MDL Judge has also approved the fact sheet form for each of the plaintiffs in these 12 bellwether cases, which will be used in the bellwether discovery process. Following fact discovery, four cases will be chosen from the pool of 12 for the initial bellwether trial cases. These bellwether trials will be scheduled 12 weeks apart and will alternate between cases picked by the defense and those chosen by the plaintiffs.
November 7, 2022 NEC Update:
The judge in the NEC pre-term infant formula MDL granted a motion to remand 29 pending cases back to state courts in Pennsylvania. The motion was granted because these claims involved not only the formula manufacturers but also the local hospitals that fed the formula to the infants. The presence of these local hospitals as defendants meant that the requirements for diversity jurisdiction in federal court were not met, leading to the cases being remanded. Following the removal of these 29 cases, there are now 106 pending cases in the NEC formula MDL.
October 8, 2022 NEC Update:
The MDL Judge in the Formula NEC class action MDL received a list of 66 candidate NEC cases from which she will randomly select four cases for the bellwether candidate pool. This pool will include 12 cases, with an equal number of cases involving both Abbott and Mead Johnson.
Once the pool of 12 lawsuits is selected, they will undergo pre-trial fact discovery. After the completion of discovery, both sides will choose two initial bellwether trial cases, resulting in four test trials.
August 20, 2022 NEC Update:
The NEC baby formula class action lawsuit in the Northern District of Illinois is gaining momentum. The Plaintiffs' MDL Leadership Committee is finalizing an agreement with the defendants regarding discovery protocols and other procedures. Meanwhile, around a dozen plaintiffs have successfully had their cases remanded back to state court due to a lack of diversity jurisdiction.
July 27, 2022 NEC Update:
A recent medical study published in the journal JAMA Pediatrics reiterates NEC as one of the leading causes of death among premature infants. The study reveals that premature babies diagnosed with NEC faced a sevenfold increase in the likelihood of death. Even among infants who survived NEC, a majority experienced lasting disabilities and required extended medical care.
July 22, 2022 NEC Update:
Over the past 30 days (June 15, 2022, to July 15, 2022), nine new NEC formula lawsuits were filed and transferred into the Preterm Infant Nutrition MDL. As a result, the total number of pending baby formula cases in the federal NEC class action lawsuit has reached 97. Legal experts predict that the rate of new NEC formula cases will likely increase over the next few months before eventually slowing down.
July 19, 2022 NEC Update:
The American Academy of Pediatrics (AAP) has issued new guidelines recommending that parents avoid infant formula entirely for newborns, instead emphasizing breastfeeding. This comes amid mounting concerns and lawsuits surrounding the link between NEC and bovine infant formula.
July 1, 2022 NEC Update:
Plaintiffs seeking to bring NEC lawsuits against formula manufacturers Abbott and Mead Johnson in the baby formula class action lawsuit will soon be able to file their cases directly in the MDL. A proposed order by Judge Rebecca Pallmeyer allows for direct filings in the MDL, streamlining the process for these claims.
June 17, 2022 NEC Update:
The Formula NEC MDL (In re: Abbott Laboratories, et al., Preterm Infant Nutrition Prod. Liab. Lit.– MDL No. 3026) has officially commenced in the Northern District of Illinois. Judge Rebecca Pallmeyer held the first status conference, where she will finalize the appointments of Plaintiffs' Lead Counsel, Liaison Counsel, and leadership committee. As of May 16, 52 active cases have been consolidated into the MDL, with expectations for this number to increase significantly in the coming months.
June 6, 2022 NEC Update:
In the new infant formula NEC class action lawsuit, Judge Rebecca Pallmeyer issued CMO #2, naming the final appointments for Plaintiffs' Lead Counsel, Liaison Counsel, and Steering Committee. These NEC attorneys represent all plaintiffs and make decisions on pretrial matters on their behalf. Additionally, 26 new NEC lawsuits have been transferred into the MDL since May 16, bringing the total to 78 lawsuits.
May 23, 2022 NEC Update:
The Formula NEC MDL is now in full swing in the Northern District of Illinois. Judge Rebecca Pallmeyer held the first status conference and is in the process of finalizing appointments for Plaintiffs' Lead Counsel, Liaison Counsel, and leadership committee. As of May 16, 52 active cases have been consolidated into the MDL, and it is expected that this number will significantly increase in the near future.
May 4, 2022 NEC Update:
Our NEC baby formula lawyers are witnessing a steady influx of inquiries from parents interested in filing an NEC formula lawsuit. The most viable lawsuits seem to be those where the child was born after 2011, as more recent cases strengthen the argument that parents and doctors should have been informed of the formula's risks. Older claims may face challenges due to difficulties in finding medical records. Nevertheless, our lawyers are diligently reviewing NEC lawsuits dating back as far as 2001.
April 8, 2022 NEC Update:
The MDL Panel has certified a new MDL for NEC baby formula class action lawsuits. All NEC lawsuits filed in federal court will now be transferred to Judge Rebecca Pallmeyer, a U.S. District Court Judge in Illinois. This development is expected to accelerate the litigation process, moving towards a potential trial date and encouraging Abbott and Mead to consider reasonable settlement amounts for NEC formula lawsuits.
April 6, 2022 NEC Update:
The Supreme Court of Illinois has previously granted a request to consolidate approximately 20 NEC formula cases pending in state courts before Judge Dennis Ruth in the Circuit Court for Madison County. This consolidation created a mini-MDL at the state court level. However, Abbott is now seeking to have these consolidated cases transferred from Madison County to either Cook County (Chicago) or Lake County under the doctrine of forum nonconveniens. The location of the Illinois lawsuits is significant, as cases filed in Michigan, Ohio, Florida, or other states might find their way to Illinois state court, potentially ending up before Judge Ruth in Madison County.
March 31, 2022 NEC Update:
A new study reveals that 95% of the U.S. Dietary Guidelines Advisory Committee had conflicting interests with the food and pharmaceutical industries. Notably, Abbott and Mead Johnson were among the seven companies singled out in the study. This raises questions about how baby formula manufacturers were able to overlook NEC for an extended period.
March 6, 2022 NEC Update:
The recent Similac recall incident has shed light on how baby formula manufacturers prioritize profits over people's well-being, and how the FDA's oversight may not be sufficient to hold these companies accountable. These revelations may have implications for the NEC lawsuits, as they underscore the need for transparency and accountability in the industry.
February 14, 2022 NEC Update:
Last week, Mead Johnson, the manufacturer of Enfamil, joined Abbott in supporting the request for an NEC baby formula class action lawsuit encompassing all NEC claims in federal court. This development may be favorable for plaintiffs seeking to avoid active litigation and encouraging potential settlements in their infant formula lawsuits. The dispute over which court will handle the MDL class action remains unresolved, with the defendants favoring the U.S. District Court in Connecticut and plaintiffs' lawyers preferring the Northern District of Illinois, where both Mead and Abbott are headquartered.
February 3, 2022 NEC Update:
Our NEC lawyers are closely monitoring whether there will also be a state court class-action lawsuit in Illinois. The Illinois Supreme Court is yet to rule on this matter. It is possible that there might be two baby formula class actions simultaneously pending in Illinois, one in state court and the other in federal court. The formula defendants are likely to consent to this class action, similar to their response to the federal MDL.
January 27, 2022 NEC Update:
The medical literature continues to support plaintiffs' contentions in the toxic infant formula NEC lawsuits. New articles reinforce the link between NEC and cow milk, further substantiating the claims made by plaintiffs' lawyers.
January 18, 2022 NEC Update:
Abbott filed a petition with the JPML (Judicial Panel on Multidistrict Litigation), requesting the consolidation of all NEC infant formula lawsuits into a new MDL. Abbott has proposed that the MDL be created in the District of Connecticut and assigned to Hon. Stefan Underwood.
These updates provide a comprehensive overview of the recent developments in the NEC class action lawsuit, shedding light on the increasing number of cases, ongoing investigations, legal battles over statute of limitations, and emerging scientific evidence supporting the plaintiffs' claims. As the litigation progresses, it remains to be seen how these developments will impact the outcomes and potential settlements in the NEC formula lawsuit.
NEC Lawsuits Against Baby Formula Makers
A rising number of parents and families with premature infants, who were fed with Similac and Enfamil formula, are taking legal action in the form of product liability lawsuits against the formula manufacturers, Abbott and Mead. These lawsuits stem from allegations of negligent failure to warn regarding the risks associated with NEC (necrotizing enterocolitis).
According to the plaintiffs, Abbott and Mead had a responsibility to inform consumers about the potential risks of NEC in connection with their baby formula products. However, the lawsuits contend that the companies intentionally withheld any such warnings, while actively promoting their products as safe and suitable for infant consumption.
Conclusion
The ongoing Baby Formula Lawsuit and NEC Baby Formula Lawsuit are shedding light on the importance of product safety and consumer protection, especially concerning infant nutrition. As the legal battles continue, affected families are seeking justice and accountability from major baby formula manufacturers. The outcome of these lawsuits could have far-reaching implications for the baby formula industry and encourage stricter safety standards to safeguard the health and well-being of infants worldwide. If you believe your child may have been affected, it is crucial to consult with legal professionals to understand your options and rights in seeking justice and compensation.
FAQ's
Which baby formula has a NEC lawsuit?
The NEC (necrotizing enterocolitis) lawsuit involves baby formulas from Similac and Enfamil. Parents and families whose premature infants were fed with these formulas and subsequently developed NEC have filed product liability lawsuits against the formula manufacturers, Abbott (Similac) and Mead (Enfamil), alleging negligent failure to warn.
Is there a toxic baby formula lawsuit?
Yes, there are lawsuits related to toxic baby formula, specifically the NEC class action lawsuits against formula manufacturers. These lawsuits claim that certain baby formulas were linked to NEC, a serious intestinal condition, and that manufacturers failed to provide adequate warnings about the potential risks associated with their products.
How much is a NEC lawsuit worth?
The worth or potential compensation in a NEC lawsuit can vary widely depending on the specifics of each case, the extent of the injuries suffered by the affected infant, and other factors. Settlement amounts or jury awards in product liability cases like these may encompass medical expenses, pain and suffering, ongoing care costs, and other related damages.
How long will the NEC lawsuit last?
The duration of the NEC lawsuit can differ for each case. Class action lawsuits often involve a lengthy legal process, including discovery, pretrial proceedings, and potentially multiple trials. The overall timeline may be influenced by the complexity of the case, the number of plaintiffs involved, and any potential appeals. As the litigation progresses, updates on the status of the NEC lawsuit can provide more specific timeframes for resolution.
