Plaintiffs Propose Schedule for First Trial Over Baby Formula NEC Risk To Begin in Mid-2024
Bellwether schedule would give parties less than two years to prepare the initial baby formula NEC risk bellwether claims for trial.
Bellwether schedule would give parties less than two years to prepare the initial baby formula NEC risk bellwether claims for trial.
A total of 12 Enfamil and Similac NEC lawsuits have been selected for a bellwether program, where plaintiffs must complete a fact sheet providing detailed information about the baby's use of infant formula and NEC diagnosis
Plaintiff's child was immediately placed on Similac infant formula and died of NEC complications at less than two weeks of age
The FDA is asking the committee how to make powdered infant formula products safer.
The lawsuits include both claims of injuries and wrongful deaths linked to NEC caused by baby formula.
The remanded cases all involve lawsuits claims against local hospitals who fed Similac, Enfamil or another cow's milk-based formula to preterm children, who subsequently developed NEC
The meeting over Similac, Alimentum and Elecare recall lawsuits is expected to focus heavily on an upcoming motion to dismiss the cases expected to be filed by Abbott in December
Four of the NEC lawsuits will be selected for bellwether trials, including three involving Similac NEC injury claims, and one involving an Enfamil NEC injury.
Neither parents nor the medical community were warned that Enfamil causes necrotizing enterocolitis, the lawsuit claims
Ultimately, four NEC baby formula lawsuits will be chosen to be the first cases to go before a jury.