Second Wave of NEC Formula Lawsuits To Be Prepared for Bellwether Trials in Aug. 2026

Judge wants discovery process for new NEC formula lawsuit bellwether trials to be completed as soon as reasonably possible, following rulings that prevented cases from a first wave from going before juries.

A federal judge is calling for a new round of NEC formula test trials to be prepared to go before juries next summer, as families continue to pursue claims that cow’s milk-based infant formula caused premature babies to develop a life-threatening intestinal disease.

Abbott Laboratories and Mead Johnson currently face more than 750 Similac lawsuits and Enfamil lawsuits that have been filed in federal courts nationwide, each raising similar allegations that the baby formula manufacturers failed to disclose that their products may cause premature infants to develop a devastating gastrointestinal condition known as necrotizing enterocolitis (NEC).

The condition occurs when harmful bacteria infiltrate the walls of a newborn’s intestines, causing portions of the tissue to become inflamed or die. Often, infants who develop the condition require emergency surgery while still in the neonatal intensive care unit (NICU) after birth, and many do not survive the disease.

Plaintiffs allege that the manufacturers have ignored years of scientific evidence that cow’s milk-based infant formula is linked to a higher risk of NEC in premature babies than when they are fed breast milk. The lawsuits maintain Abbott and Mead Johnson went as far as withholding critical warnings and safety information from the medical community and families for decades.

Given facts and laws common throughout the litigation, all federal NEC infant formula lawsuits have been consolidated in the Northern District of Illinois for coordinated discovery and pretrial proceedings under U.S. District Judge Rebecca R. Pallmeyer, as part of a federal MDL, or multidistrict litigation.

In order to see how juries would respond to evidence and testimony likely to be presented throughout the litigation, Judge Pallmeyer worked with the parties to prepare a group of four NEC infant formula lawsuits for bellwether trials, which were slated to begin in April 2025.

However, the first and second trials were dismissed by the judge after she determined the plaintiffs lacked sufficient evidence to pursue their claims. The remaining two trials have not yet been scheduled.

In a minute entry (PDF) issued on October 1, Judge Pallmeyer announced she has ordered the parties to confer and propose a schedule for a second wave of bellwether cases, and wants the first trial ready to begin in August 2026. She indicated that the court expects a plan that will complete case-specific discovery for the additional bellwether trials “as soon as reasonably possible.”

These bellwether trials will be closely watched, as any jury awards are likely to influence how much Abbott and Mead Johnson may need to pay in NEC infant formula lawsuits settlements to resolve the litigation. If no settlement is reached after the bellwether trials, Judge Pallmeyer could start remanding each individual claim back to the U.S. District Courts where it originated for separate trial dates.

Another minute entry (PDF) entered the same day indicates that the parties will meet for a case management conference on October 16. With a pre-trial conference set for October 30.

In addition to the federal lawsuits, some infant formula NEC claims have also been filed in state courts, including three that went to trial last year.

In March 2024, an Illinois jury ordered Mead Johnson to pay $60 million in damages in an Enfamil lawsuit brought by Jasmine Watson. Following over four weeks of testimony, it took the jury only four hours to reach a verdict, awarding $25 million more in damages than Watson’s attorneys had asked for.

In July 2024, a separate jury in St. Louis ordered Abbott Laboratories to pay $495 million in a Similac lawsuit, including a massive punitive damages award intended to punish the manufacturer for disregarding the health and safety of premature infants and families. A third trial last November in Missouri state court ended in a defense verdict.