Expert Witnesses Linking Baby Formula and NEC Cleared for Trial, Despite Dismissal of First Bellwether Lawsuit
New Trial Ordered for Premature Infant Formula Lawsuit Over NEC Injuries, After Defense Verdict Overturned
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Nitrous Oxide Lawsuit Individuals who suffered harm, or families who lost a loved one after using nitrous oxide products may be eligible for financial compensation through a nitrous oxide lawsuit.
Hair Relaxer Lawsuit Regular exposure to chemicals in hair relaxer may cause uterine cancer, ovarian cancer and other injuries. Women diagnosed with cancer may be eligible for settlement benefits.
Depo-Provera Lawsuit Depo-Provera lawsuits are being investigated for women who developed meningioma brain tumors after receiving Depo-Provera birth control shots, claiming that Pfizer failed to adequately disclose side effects.
Ozempic Lawsuit Lawyers are pursuing Ozempic lawsuits, Wegovy lawsuits and Mounjaro lawsuits over gastroparesis or stomach paralysis, which can leave users with long-term gastrointestinal side effects
Suboxone Tooth Decay Lawsuit Lawsuits are being pursued by users of Suboxone who experienced tooth loss, broken teeth or required dental extractions. Settlement benefits may be available.
Change Healthcare Lawsuit Lawyers are reviewing Change Healthcare class action lawsuits for individuals who had their personal information stolen due to the data breach.
Bard PowerPort Lawsuit Serious and life-threatening injuries have been linked to problems with Bard PowerPort. Lawsuits are now being pursued by individuals who suffered injuries from the implantable port catheter fracturing or migrating.
AngioDynamics Port Catheter Lawsuit Serious and life-threatening injuries have been linked to problems with Bard PowerPort. Lawsuits are now being pursued by individuals who suffered injuries from the implantable port catheter fracturing or migrating.
Processed Food Lawsuit Lawsuits are being pursued against the food industry over their manufacturing and advertising of ultra-processed foods, which have caused a generation of children to face an increased risk of developing childhood diabetes and other chronic illnesses.
Discovery Protocols for Baby Formula NEC Lawsuits Outlined for Bellwether and Trial Selections The protocols are designed to help the parties select and prepare the first baby formula NEC lawsuits for trial. April 24, 2023 Irvin Jackson Add Your Comments With a growing number of families pursuing baby formula NEC lawsuits against the makers of Similac and Enfamil over failure to warn about the risks associated with use of the products with premature infants, an agreement has been reached regarding discovery protocols which will help prepare a small group of representative claims for early trial dates. Necrotizing enterocolitis (NEC) is a devastating gastrointestinal disease, which primarily impacts premature babies, occurring when harmful bacteria breaches the walls of the intestines, causing portions of the tissue to become inflamed or die. The condition often results in the need for emergency surgery while the baby is still in the NICU, and many infants do not survive NEC. Several hundred families are now pursuing Similac lawsuits and Enfamil lawsuits against the makers of cow’s milk-based infant formula products, alleging that Abbott Laboratories and Mead Johnson failed to warn families and the medical communities that premature infants faced an increased risk of developing NEC following use of the powdered formula, compared to infants fed human milk. BABY FORMULA NEC LAWSUITS Was your premature child fed Similac or Enfamil? Premature infants fed Similac or Enfamil cow’s milk formula face an increased risk of necrotizing enterocolitis (NEC) or wrongful death. Learn More SEE IF YOU QUALIFY FOR COMPENSATION BABY FORMULA NEC LAWSUITS Was your premature child fed Similac or Enfamil? Premature infants fed Similac or Enfamil cow’s milk formula face an increased risk of necrotizing enterocolitis (NEC) or wrongful death. Learn More SEE IF YOU QUALIFY FOR COMPENSATION In the federal court system, a baby formula MDL (multidistrict litigation) was established last year, centralizing all lawsuits over NEC caused by Similac or Enfamil before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, for coordinated discovery and pretrial proceedings. As part of the management of the litigation, Judge Pallmeyer has established a “bellwether” program, where a group of 12 NEC lawsuits brought against the two infant formula manufacturers are going through case-specific discovery, and will be prepared for a series of early trial dates, which are designed help gauge how juries will respond to certain evidence and testimony that will be repeated throughout the litigation. On April 18, the parties submitted a listed of stipulated discovery protocols (PDF), which will govern the exchange of information in the bellwether cases. The parties laid out plans for completing fact discovery in trial selections, including conducting deposition of fact witnesses, defendants’ case-specific fact witnesses, and treating healthcare providers. The protocols include a limit on bellwether discovery, which is meant to balance the needs of being able to determine the best cases for early trials, while not undergoing full discovery at this time. The protocols limit the number of depositions on each side, with plaintiffs agreeing not to depose any of the Defendants case-specific fact witnesses at this stage. The protocols also cover discovery search terms, depositions of defendants’ current or former employees and health care providers. Baby Formula NEC Bellwether Case Selections In October 2022, Judge Pallmeyer identified the first eight cases that will serve in the initial bellwether pool, including four claims selected by plaintiffs and another four randomly selected by the Court. In December, another order was issued identifying four additional claims selected by the infant formula manufacturers. Fact discovery is scheduled to be completed for those 12 bellwether cases by April 28. The parties will then select a smaller group of four claims that will be eligible for trial two weeks later, and conduct expert discovery over the remainder of 2023. As part of the pretrial schedule, a series of court-ordered infant formula NEC settlement talks will be held between October 15 and October 27, 2023, at which time the parties will participate in mediation on the Bellwether selections, which may also lay the ground work for negotiating an agreement that would settle all claims pending against the two manufacturers. If NEC settlements are not reached, the Court will consider challenges to the admissibility of expert witness testimony in early 2024, and a final pretrial conference has been set for March 11, 2024, at which time the parties will establish the schedule for initial trials. Tags: Abbott Laboratories, Enfamil, Infant Death, Infant Formula, Mead Johnson, Necrotizing Enterocolitis, Preterm Birth, Similac Find Out If You Qualify for Infant Formula NEC Compensation More Baby Formula Lawsuit Stories Expert Witnesses Linking Baby Formula and NEC Cleared for Trial, Despite Dismissal of First Bellwether Lawsuit May 5, 2025 New Trial Ordered for Premature Infant Formula Lawsuit Over NEC Injuries, After Defense Verdict Overturned March 18, 2025 Infant Formula Lawsuit Links Similac and Similac Special Care to Newborn’s NEC Injuries January 27, 2025 0 Comments Share Your CommentsFirst Name*Last NameEmail* Shared Comments*This field is hidden when viewing the formI authorize the above comments be posted on this page Yes No Post Comment I authorize the above comments be posted on this page Weekly Digest Opt-In Yes, send me a weekly email with the latest lawsuits, recalls and warnings. 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MORE ABOUT: BARD POWERPORT LAWSUITCourt Indicates Bard PowerPort MDL Bellwether Lawsuits Should Include 3 Infection, 2 Thrombosis and 1 Fracture Case (05/06/2025)Lawyers Proposed 11 Bard Implantable Port Catheter Lawsuits as Bellwether Trial Candidates (04/30/2025)Bard PowerPICC Intravascular Catheter Leaks Linked to Reports of Serious Injuries: FDA (04/21/2025) MDL Judge Orders Paraquat Lawsuit Settlement Update By June 11, 2025 (Posted: 3 days ago) A federal judge has agreed to stay all case-specific discovery deadlines in Paraquat lawsuits, while the parties work to hammer out a settlement agreement to resolve thousands of claims. 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Expert Witnesses Linking Baby Formula and NEC Cleared for Trial, Despite Dismissal of First Bellwether Lawsuit May 5, 2025
New Trial Ordered for Premature Infant Formula Lawsuit Over NEC Injuries, After Defense Verdict Overturned March 18, 2025
Infant Formula Lawsuit Links Similac and Similac Special Care to Newborn’s NEC Injuries January 27, 2025
6 Bard PowerPort Lawsuits Selected for Bellwether Trials in Federal MDL (Posted: today) A federal judge has identified the six Bard PowerPort lawsuits that will serve as the first bellwether trials, to test allegations that the port catheters were defectively designed. MORE ABOUT: BARD POWERPORT LAWSUITCourt Indicates Bard PowerPort MDL Bellwether Lawsuits Should Include 3 Infection, 2 Thrombosis and 1 Fracture Case (05/06/2025)Lawyers Proposed 11 Bard Implantable Port Catheter Lawsuits as Bellwether Trial Candidates (04/30/2025)Bard PowerPICC Intravascular Catheter Leaks Linked to Reports of Serious Injuries: FDA (04/21/2025)
MDL Judge Orders Paraquat Lawsuit Settlement Update By June 11, 2025 (Posted: 3 days ago) A federal judge has agreed to stay all case-specific discovery deadlines in Paraquat lawsuits, while the parties work to hammer out a settlement agreement to resolve thousands of claims. MORE ABOUT: PARAQUAT PARKINSON’S DISEASE LAWSUITSParaquat Settlement Reached for Parkinson’s Disease Lawsuits Filed in MDL (04/16/2025)Appeals Court Urged To Reinstate Paraquat Lawsuits Previously Set for Bellwether Trials (02/14/2025)Paraquat Lawsuits Over Parkinson’s Disease Risk Set for Trial in October 2025, April 2026 (01/29/2025)
Court Outlines Requirements for Depo-Provera Lawsuit Proof of Use, Type of Meningioma Tumor (Posted: 4 days ago) As new Depo-Provera lawsuits continue to be filed, the judge presiding over the litigation has established key criteria for establishing proof of Depo-Provera use and medical documentation confirming a meningioma diagnosis. MORE ABOUT: DEPO-PROVERA LAWSUITDepo Shot Lawsuit Filed Over Serious Brain Tumor Injuries (05/07/2025)Lawsuit Alleges Depo-Provera Migraines, Headaches Led to Meningioma Brain Tumor Diagnosis (05/01/2025)Depo-Provera Hearing Loss Lawsuit Filed Over Brain Tumor Side Effects (04/22/2025)