Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
The causation theory in MDL-3026 is based on scientific evidence indicating that cow's milk-based preterm infant formulas, such as Abbott's Similac, increase the risk of necrotizing enterocolitis (NEC) in preterm infants. The injury mechanism involves inflammatory responses and disruption of gut integrity caused by these formulas, which promote bacterial overgrowth and tissue necrosis. Scientific studies and expert opinions support the link, though some debates about causality remain.
810
Pending actions
1,016
Total actions filed
Active
Status
04/08/2022
Established
Filing deadline
The court has established a filing deadline of September 2026 for claims.
Who qualifies
Plaintiffs must demonstrate that their preterm infants ingested cow's milk-based formulas, such as Similac or Enfamil, during the neonatal or preterm period, and subsequently developed NEC. Specific exposure durations or dosages are not explicitly detailed in court documents but are implied to involve ingestion during the critical neonatal period when NEC typically manifests. The injury must be linked causally to the formula ingestion, with the injury occurring within a timeframe consistent with NEC development in preterm infants.
Products involved
- Similac (Abbott Laboratories)
- Enfamil (Mead Johnson)
Alleged injuries
- Necrotizing enterocolitis (NEC) in preterm infants
Bellwether trials
Bellwether trials are scheduled to commence in April and May 2026, with the first trial expected around April 15, 2026. No recent verdicts have been publicly announced as of March 2026. Settlement estimates suggest potential aggregate settlements exceeding $1 billion, with individual case values ranging from $1 million to $3 million. The court has set a filing deadline for claims by September 2026, with statutes of limitations generally between 2 to 4 years from injury or discovery, but specific deadlines should be verified locally.
Lead counsel
- Timothy J. Becker (Johnson // Becker, PLLC)
- David P. Matthews (Matthews & Associates)
This page is generated from the official JPML pending-MDL report and public court records, refreshed monthly. It is provided for attorney reference and is not legal advice.
