Enfamil And Similac Lawsuits May Wind Up In Multidistrict Litigation (MDL)

MDL is a way to save time and money, but moreover, promotes a settlement before thousands of cases go to trial

Tuesday, February 1, 2022 - Manufacturers of products, from life-saving drugs to implantable medical devices, to infant formula, are obligated to know if their products are causing their customers harm and to warn others if it is so. Doctors have reported that an abnormally high number of infants born prematurely, i.e. before 35 weeks, are developing necrotizing enterocolitis (NEC). Reports have been made years ago to Enfamil manufacturer Mead Johnson and Similac manufacturer Abbott Laboratories that a premature baby's digestive system was too sensitive to absorb the artificial nutrients added to their cow's milk baby formula. Studies also indicate a contributing factor to the increases in NEC in babies that are fed infant formula is that it substitutes for breast milk that contains the perfect balance of nutrients and immune system proteins and enzymes the child needs to fight infection. Feeding a child infant formula precludes feeding them a mother's breastmilk. Parents of children that have developed NEC have filed NEC baby formula lawsuits against Enfamil manufacturer Mead Johnson and Similac manufacturer Abbott Laboratories alleging that the companies either knew their products caused NEC or had an obligation to know.

Hundreds of NEC formula lawsuits may be consolidated into multidistrict litigation in Illinois as both companies, Mead and Abbott are based in the Chicago area. It is expected that hundreds of NEC formula lawsuits may be levied against the company by parents of babies that have suffered from or died as a result of being fed the popular brands Enfamil and Similac. MDL consolidates pretrial proceedings into a single court and avoids costly replication of administrative details. More importantly, an MDL judge will require that both sides submit several scientists to be placed in a pool of experts to testify on either side of the scientific argument. Two or three experts will be approved based on their credibility to be allowed to testify in upcoming trials that are sent back to the state where they originated. MDL is preferred as the process promotes a global settlement of the claims once the company sees exactly what it is up against.

MDL product liability cases go through a bellwether trial period so that the defense can judge how juries react to the available evidence. Five to ten cases are then selected to go to trial. The trial's results could force a defendant to offer a settlement like the one Bayer Inc. was forced to present. Roundup cancer juries awarded hundreds of millions of dollars to plaintiffs who claimed using Roundup weed killer caused their non-Hodgkin lymphoma, a deadly form of cancer or the lymph nodes. Bayer settled approximately 125,000 lawsuits against them for more than $12 billion, with another $10 billion set aside for those who sue in the future. Bellwether cases in infant formula MDL could also include multi-million dollar jury awards because Meade and Abbot have positioned their baby formula as being an acceptable alternative to a mother's breast milk, when it in fact may cause deficiencies that leads to deadly diseases.

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Lawyers for NEC Formula Lawsuits

We will represent all persons involved in a NEC lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. Anyone whose child suffered from or died as a result of NEC from formula is eligible to receive a free, no-obligation case review from our attorneys. Simply contact our firm through the online contact form or the chat feature and one of our NEC formula lawyers will contact you promptly to discuss your case.