Necrotizing enterocolitis (preterm formula / fortifier)
Abbott (Similac) and Reckitt/Mead Johnson (Enfamil), as alleged
Last checked Sep 28, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Docket. MDL 3026 (N.D. Ill.)
Window LawyerUnc is tracking. 1990-01-01 → open
General causation
Plaintiffs allege cow’s-milk-based products substantially increase NEC risk in premature infants relative to human milk, and that warnings were inadequate. Defendants dispute warning adequacy, alternative causes (prematurity itself), and product ID in the NICU.
Specific causation / screening
Preterm infant, cow’s-milk formula or fortifier in the NICU, NEC diagnosis (often Bell stage II+), and product identification from hospital records. Full-term ordinary formula use is outside the inventory.
Injuries currently screened
- Necrotizing enterocolitis
- NEC-related death
- Short-bowel syndrome after NEC surgery
Timeline
2010s
AAP and literature
Human-milk feeding is increasingly recommended for very-low-birth-weight infants.
2022
MDL 3026
JPML centralizes in the Northern District of Illinois, before Judge Rebecca R. Pallmeyer.
2026-06
Learned intermediary
The Illinois Appellate Court reversed a Mead Johnson verdict in Watson, holding the warning runs to the neonatologist.
2026-07
First federal bellwether
The Seventh Circuit affirmed a pretrial judgment for Abbott in the first MDL bellwether.
2026-08-20
Some agreements, not a diagnosis
Abbott announced agreements covering the Gill case and about 2,000 other people. The same filing says thousands of remaining claims name both brands, or lack an NEC diagnosis, or lack a formula at all.
Sources
- JPML MDL 3026
- Abbott announcement, Aug. 20, 2026
- AAP guidance on feeding preterm infants