NEC Lawsuit News:
Bellwether Trials Set as Depositions of Doctors & Scientists Conclude
Depositions of neonatologists and corporate scientists are underway in MDL 3026. Expanded discovery into formula safety testing has been ordered, internal risk assessments are being produced, and bellwether trials are scheduled for 2027. Our firm is accepting cases nationwide.
Key Case & Litigation Status
Where MDL 3026 Stands Now
Hundreds of NEC cases from across the country have been consolidated before a single federal judge in the Northern District of Illinois. The MDL is now in its most active phase — with depositions of key witnesses underway and bellwether trials on the horizon.
In re: Infant Formula NEC Products Liability Litigation
MDL No. 3026 — Northern District of Illinois
The court has ordered expanded discovery into formula safety testing, including compelled production of internal risk assessments. Depositions of neonatologists and corporate scientists are actively underway. Bellwether trials are now scheduled for 2027 — the test cases that will establish liability standards and drive settlement values across the entire MDL.
MDL Consolidated
Hundreds of cases centralized before a single judge in N.D. Illinois.
Discovery Ordered
Expanded discovery into formula safety testing; internal risk assessments being produced.
Expert Depositions
Neonatologists and corporate scientists being deposed; scientific causation record being built.
Bellwether Trials
Early test verdicts will establish liability standards and shape settlement values MDL-wide.
What Plaintiffs Allege
How Formula Manufacturers Failed Premature Infants
Plaintiffs allege a pattern of conduct in which manufacturers prioritized commercial interests over the documented medical risks faced by the most vulnerable infants in neonatal intensive care units.
Knew of NEC Risk
Research linking cow’s-milk formula to elevated NEC risk in premature infants was available in medical literature. Plaintiffs allege manufacturers were aware of this evidence and did not act on it.
Failed to Warn NICUs
Neonatal intensive care units were not provided with adequate warnings about the elevated NEC risk associated with cow’s-milk formula use in premature infants.
Failed to Warn Parents
Parents of premature infants were not informed of the NEC risk, preventing them from making fully informed decisions about how their babies were fed in the NICU.
Marketed as Safe for Premature Infants
Despite the known risks, manufacturers marketed cow’s-milk formula as appropriate and safe for premature babies — representations plaintiffs allege were false and misleading.
Eligibility
Is Your Child a Victim? Who May Qualify?
You may qualify if your premature infant was fed cow’s-milk formula in the NICU and subsequently developed necrotizing enterocolitis. Both surviving children with long-term complications and cases involving infant death may be eligible.
Qualifying Circumstances
- Infant was born premature
- Fed cow’s-milk-based formula in a NICU setting
- Subsequently diagnosed with necrotizing enterocolitis (NEC)
- NEC required surgery or caused serious complications
- Cases involving infant death from NEC also qualify
Qualifying Products
- Cow’s-milk-based premature infant formula
- Products from major formula manufacturers
- Formula administered in the NICU or prescribed at discharge
- Both branded and specialty NICU formulas included
Legal Theories & Damages
Liability & What Your Family Can Recover
Liability Legal Theories
- Failure to warn (NICUs and parents)
- Negligence
- Defective product design
- Fraudulent concealment of NEC risk data
- Breach of implied warranty
- Wrongful death
Damages What You Can Recover
- NICU and surgical medical expenses
- Long-term care and therapy costs
- Lost parental wages for caregiving
- Pain and suffering
- Emotional distress
- Wrongful death and survival damages
Our Firm Is Now Accepting NEC Cases
We represent families nationwide whose premature infants developed NEC after being fed cow’s-milk formula. We track every development in MDL 3026 — from expert depositions to bellwether scheduling — to ensure our clients are best positioned as the litigation moves toward trial.
Get Your Free Case EvaluationWe handle these cases on a contingency fee basis — you pay nothing unless we win.