As of February 2024, there are 389 pending lawsuits related to Enfamil and Similac in multidistrict litigation (MDL) 3026. These lawsuits, overseen by U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois, target manufacturers Mead Johnson and Abbott for their alleged role in cases of necrotizing enterocolitis (NEC) linked to their baby formulas.
Current Status of Enfamil NEC Lawsuits
- February 2024: The litigation is in its early stages, with no settlements or bellwether trials to date.
- April 2023: Negotiations regarding discovery procedures are ongoing, with parties required to submit a brief on outstanding issues by April 25, 2023.
- March 2023: Science day proceedings are scheduled for May 3, 2023, allowing for the presentation of general medical and scientific issues to the court.
- December 2022: Potential bellwether test trial cases have been selected by both defendants and plaintiffs, with randomly selected bellwether cases also identified.
The majority of cases in the MDL involve Similac, primarily against Abbott, though Mead Johnson faces some Enfamil-related lawsuits. Trial dates for the first cases are anticipated in 2024 within the NEC MDL.
In a separate legal action, Abbott is facing a class action in Illinois under MDL 3037 related to its baby formula recall, which is distinct from the NEC claims.
Reasons for Enfamil Lawsuits
Enfamil lawsuits allege that Mead Johnson failed to adequately warn consumers about the increased risk of NEC in preterm infants who consume Enfamil baby formula. Studies from as early as 1990 have shown a significantly higher incidence of NEC in formula-fed infants compared to breastfed infants.
Parents and caregivers are seeking compensation for a range of damages, including medical expenses, loss of quality of life for affected children, funeral costs for infants who died from NEC, and other associated losses.
Enfamil Formulas Implicated
All cow’s milk-based Enfamil baby formula products may be included in Enfamil lawsuits. This includes complete formulas, human milk fortifiers, and supplements. Examples of Enfamil formulas named in lawsuits are listed below.
Families Affected by Enfamil Lawsuits
Families impacted by Enfamil lawsuits are those whose premature infants developed NEC after being fed Enfamil either in the hospital or at home post-discharge. Mead Johnson’s Enfamil formulas are commonly used in neonatal intensive care units (NICUs) to help premature babies recover and gain weight.
One example is the case of Baby A.F., whose story highlights the struggles faced by families in these lawsuits. After initially feeding on maternal or donor human milk in the NICU, Baby A.F. was transitioned to Enfamil Premature Infant Formula. Subsequently, he developed NEC, leading to serious complications and extended hospital stays, causing significant emotional and financial strain on his family.
These cases underscore the importance of thorough safety evaluations and transparent communication in the development and marketing of infant formulas to protect the health and well-being of vulnerable infants.
