The NEC (necrotizing enterocolitis) baby formula litigation remains one of the most closely watched mass tort cases in 2025, with significant developments shaping its trajectory. As thousands of families seek justice for premature infants who developed life-threatening intestinal injuries after consuming cow’s milk-based formulas like Similac (Abbott Laboratories) and Enfamil (Mead Johnson), the legal landscape continues to evolve. At LitPRO, we specialize in navigating the complexities of mass tort lien resolution, and we’re here to break down the latest updates in this groundbreaking litigation.
NEC Case Overview
Necrotizing enterocolitis (NEC) is a devastating gastrointestinal disease that primarily affects premature infants, causing intestinal tissue death and often requiring emergency surgery. Studies have long suggested that cow’s milk-based formulas significantly increase the risk of NEC compared to human breast milk. Plaintiffs allege that Abbott and Mead Johnson knew of these risks but failed to warn parents and healthcare providers, prioritizing profits over patient safety.
Over 683 cases are currently consolidated in the federal multidistrict litigation (MDL 3026) in the Northern District of Illinois, with Judge Rebecca Pallmeyer overseeing pretrial proceedings. Simultaneously, state court cases in Illinois, Missouri, and California have yielded landmark verdicts, intensifying pressure on the defendants.
Key 2025 Updates
1. Bellwether Trial Schedule Set for 2025–2026
The first federal bellwether trials, critical for gauging jury responses and potential settlements, are slated to begin in May 2025:
- May 5, 2025: Mar v. Abbott Laboratories
- August 11, 2025: K.B. v. Abbott Laboratories
- November 3, 2025: Brown v. Abbott Laboratories
- February 2, 2026: Inman v. Mead Johnson & Company
These trials will test arguments about the link between formula and NEC, as well as the adequacy of warnings provided by manufacturers.
2. Missouri Judge Overturns Sole Defense Win, Orders Retrial
In March 2025, a St. Louis judge vacated the only defense verdict in the litigation, citing “misconduct” by Abbott and Mead Johnson’s legal team during an October 2024 trial. The defense allegedly violated court orders by introducing inadmissible evidence and making prejudicial arguments. This ruling erases the manufacturers’ lone victory and reinforces the plaintiffs’ momentum, following earlier state court verdicts of $60 million (Illinois, 2024) and $495 million (Missouri, 2024).
3. Defendants’ Summary Judgment Motion Challenges Causation
In February 2025, Abbott and Mead Johnson filed a motion for summary judgment in the MDL, arguing that plaintiffs lack admissible expert testimony proving cow’s milk formula causes NEC. They cited a National Institutes of Health (NIH) report suggesting NEC risk stems from “the absence of human milk-not the presence of formula.” However, plaintiffs counter with robust scientific evidence and internal documents showing manufacturers long knew of the risks. A decision on this motion could significantly impact the MDL’s future.
4. Surge in New Filings and Consolidation Efforts
The MDL saw 63 new cases added in February 2025 alone, bringing the total to 683 active federal cases. Meanwhile, Judge Pallmeyer denied a plaintiff’s request to remand a case to California state court, keeping it within the MDL. State courts, however, continue to advance cases more rapidly, with trials already yielding substantial plaintiff verdicts.
5. Regulatory and Scientific Developments
- The FDA maintains there is “no conclusive evidence” linking formula to NEC, but plaintiffs highlight 40+ studies dating back to 1990 showing elevated risks.
- Internal corporate documents reveal Abbott’s executives previously considered withdrawing preterm formulas from the market, undermining their defense.
Challenges in the NEC Litigation
- Causation Battles: Proving formula directly caused NEC remains contentious. Defendants argue prematurity and other factors are to blame, while plaintiffs emphasize studies showing cow’s milk formulas increase NEC risk by up to 138%.
- Statute of Limitations Disputes: Courts are divided on whether the clock starts at injury diagnosis or when parents linked NEC to formula.
- Lien Resolution Complexities: With Medicare, Medicaid, and private insurers asserting liens on settlements, efficient resolution is critical to maximizing client recoveries.
The Role of LitPRO in NEC Litigation
Mass torts like the NEC litigation require meticulous lien resolution to ensure compliance and protect client recoveries. At LitPRO, we support law firms by:
- Identifying and Verifying Liens: Using advanced analytics to flag Medicare, Medicaid, and private insurer claims early.
- Negotiating Reductions: Leveraging precedents like Arkansas Dept. of Health v. Ahlborn to argue for proportional lien reductions.
- Ensuring Compliance: Managing MMSEA Section 111 reporting and state-specific lien laws to avoid penalties.
Implications for the Pharmaceutical Industry
The NEC litigation underscores the growing accountability for manufacturers who prioritize profits over patient safety. A surge in global settlements is likely if bellwether trials favor plaintiffs, potentially exceeding $1 billion in total payouts. Additionally, the case may spur stricter FDA oversight of infant formula marketing and labeling.
NEC Formula Lawsuits
The NEC baby formula litigation is at a pivotal juncture in 2025. With bellwether trials approaching and defendants scrambling to counter mounting evidence, law firms must stay vigilant in managing both legal strategies and lien resolution.
NEC Litigation with LitPRO
Navigating NEC litigation? Partner with LitPRO to streamline lien resolution, ensure compliance, and maximize client recoveries. Our expertise in mass torts, combined with cutting-edge technology, allows your firm to focus on advocacy while we handle the complexities.
Contact LitPRO today to learn how our lien resolution services can safeguard your clients’ settlements and enhance your practice. Let us turn challenges into opportunities in this high-stakes litigation.
