Recalled Abbott Infant Formula Products Liability Litigation
The causation theory linking cow's milk-based infant formulas to NEC is supported by observational studies, meta-analyses, and clinical data indicating increased risk in preterm infants fed formulas like Similac and Alimentum. The pathophysiology involves potential toxic components in formulas causing intestinal inflammation and necrosis, especially in vulnerable preterm infants. While the FDA recognizes an association, it states that conclusive causation has not been established, emphasizing the protective role of human milk.
14
Pending actions
141
Total actions filed
Active
Status
08/05/2022
Established
Filing deadline
No explicit filing deadlines or statutes of limitations are specified in the court orders. Deadlines are likely aligned with typical product liability statutes of 2-4 years from injury or discovery, but specific dates are not publicly detailed.
Who qualifies
Infants who consumed cow's milk-based formulas such as Similac, Alimentum, or EleCare and were diagnosed with NEC, typically within the neonatal period, often before 6 months of age. The NEC must be severe, classified at least as Bell Stage II, involving significant clinical severity such as bowel necrosis or perforation. Plaintiffs must demonstrate causation through medical evidence linking formula consumption to NEC, with formula intake occurring within 1-4 weeks prior to diagnosis.
Products involved
- Similac
- EleCare
- Alimentum
Alleged injuries
- Necrotizing enterocolitis (NEC)
- Short bowel syndrome
- Inadequate digestion
- Poor growth
Bellwether trials
Bellwether trials scheduled for 2025 and 2026, with the first trial set for August 2025. Recent verdicts include a $495 million award in St. Louis and a $60 million award in state courts, with total litigated amounts exceeding $555 million. Some trials have been dismissed or postponed after hearings. Settlement estimates range from $50,000 to $600,000 per plaintiff, but no definitive global settlement amount has been publicly announced.
Settlement landscape
Estimated individual settlements range from $50,000 to $600,000. Total litigated amounts exceed $555 million, with recent verdicts including a $495 million award and a $60 million award. No official global settlement amount has been publicly disclosed, but ongoing litigation suggests substantial financial exposure for manufacturers.
Lead counsel
- Keller Rohrback LLP
- Gibson Dunn & Crutcher LLP
- MoloLamken LLP
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.
