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How the NEC MDL Was Formed
As NEC formula cases were filed across multiple federal districts beginning in 2021 and accelerating through 2022, the United States Judicial Panel on Multidistrict Litigation (JPML) determined that centralization was warranted. In October 2022, the JPML established MDL No. 3026, consolidating cases from across the country in the Northern District of Illinois — chosen in part because of its proximity to Abbott's corporate headquarters in North Chicago and the large volume of NEC cases filed in the Chicago area. Chief Judge Rebecca R. Pallmeyer was assigned to manage the MDL. A Plaintiffs' Steering Committee (PSC) of experienced plaintiffs' attorneys was appointed to lead discovery and coordinate the litigation on behalf of all plaintiffs.
The Bellwether Trial Program
Bellwether trials are a core feature of MDL management. Rather than trying thousands of individual cases separately, the MDL court selects a small number of representative cases — bellwethers — to be tried before actual juries. The results of these trials provide critical information: they reveal how juries respond to the evidence, which liability theories resonate, what damages juries award, and how credible the expert witnesses on both sides are. This information then drives settlement negotiations for the remainder of the MDL. In MDL 3026, bellwether trials have produced substantial plaintiff verdicts — including the Ndambi case verdict against Abbott of $65 million in July 2024 — that have significantly influenced the settlement discussions ongoing in 2025 and 2026. Additional bellwether trials are scheduled, and the results will continue to shape the resolution of remaining cases.
How Your Individual Case Fits Into the MDL
When your attorney files your NEC case in federal court, it will be transferred to MDL 3026 in the Northern District of Illinois. Your case is assigned a separate docket number and a Long Form Complaint specific to your child's facts is filed within the MDL. Your case participates in MDL-wide discovery — meaning Abbott and Mead Johnson must respond to discovery requests that benefit all plaintiffs, and depositions and document productions apply to your case. Your case may be selected as a bellwether trial, or it may be resolved through settlement as part of a global or individual resolution. Cases that are not resolved in the MDL may eventually be remanded to your home federal district for individual trial. You will have your own attorney throughout this process — MDL consolidation does not mean all plaintiffs share a single attorney.
State Court Cases Outside the MDL
Not all NEC formula cases are in the federal MDL. Plaintiffs who prefer to sue in state court — often because of more favorable venue rules, SOL considerations, or state-specific tort law advantages — may file in state court. Missouri, Illinois, and Texas state courts have seen particularly active NEC formula litigation, including the major Mead Johnson verdicts discussed elsewhere on this site. Some attorneys file in both state and federal court to preserve options. The strategic choice between state and federal court depends on multiple factors including the specific facts of the case, the state's product liability law, applicable SOL, and the litigation posture. Your attorney will advise you on the appropriate venue.
Key data
Data & Statistics
MDL 3026
JPML Transfer Order, October 2022
Chief Judge Rebecca R. Pallmeyer
N.D. Illinois
FAQ
Frequently Asked Questions
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- NEC Statute of Limitations: State-by-State Deadlines and Minor Tolling RulesThe statute of limitations for NEC formula cases is among the most nuanced in all of mass tort law. Most states toll the SOL for personal injury claims belonging to minor children until the child turns 18 — meaning surviving NEC children often have claims that will not expire for many years. Parents filing their own claims (wrongful death or loss of consortium) face shorter deadlines. Do not assume your claim is time-barred without consulting a NEC attorney.
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- Similac NEC Lawsuit: Abbott Laboratories and Similac Special Care FormulaAbbott Laboratories manufactures Similac Special Care — the most widely used cow's milk-based premature infant formula in the United States. Abbott has faced thousands of NEC lawsuits across state and federal courts, with bellwether verdicts in MDL 3026 producing nine-figure jury awards. Families whose premature infants developed NEC after receiving Similac in the NICU may have viable product liability claims against Abbott.
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- Why Premature Infants Are Uniquely Vulnerable to NECThe extreme vulnerability of premature infants to NEC is not an unfortunate coincidence — it is a biological certainty rooted in the profound immaturity of the preterm gut. Understanding why preterm infants are uniquely at risk helps families understand both the medical reality of what happened to their baby and why the NEC risk associated with cow's milk formula should have been disclosed more clearly.
- Breast Milk vs. Formula and NEC: AAP Guidelines and the Donor Milk AlternativeThe American Academy of Pediatrics, the World Health Organization, and the Human Milk Banking Association of North America all recommend pasteurized donor breast milk — not cow's milk-based formula — as the preferred alternative when a mother's own milk is unavailable for premature infants. The failure of Abbott and Mead Johnson to acknowledge this guidance in their marketing to NICUs is central to the NEC litigation.
- NEC Wrongful Death Claims: When a Premature Baby Does Not SurviveLosing a premature baby to NEC is an unimaginable tragedy. Families who lost their infants after NEC developed following formula feeding in the NICU may have wrongful death claims against Abbott and Mead Johnson. These cases carry some of the highest verdicts in the NEC litigation — including nine-figure jury awards — because juries respond powerfully to the preventable death of a premature baby.
- NEC Long-Term Disabilities: Short Bowel Syndrome, TPN, and Neurodevelopmental HarmSurviving NEC is only the beginning of a long medical journey for many premature infants. Short Bowel Syndrome, TPN dependency, intestinal failure-associated liver disease, and neurodevelopmental disabilities including cerebral palsy and cognitive impairment are common long-term sequelae of NEC. These lifelong medical needs dramatically increase the damages available in surviving-infant NEC claims.
- NEC Hospital Liability: Can the NICU or Hospital Also Be Held Responsible?In addition to product liability claims against Abbott and Mead Johnson, some NEC families may have medical malpractice claims against the hospital or NICU if the medical team deviated from the standard of care by failing to follow evidence-based breast milk guidelines, failing to inform parents of the NEC risk of formula, or failing to timely diagnose and treat NEC once it developed.
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