Second Bellwether Trial in Cow’s Milk-Based Baby Formula MDL Postponed
By Legal Affairs Correspondent
Published August 15, 2025
Chicago, IL – The second bellwether trial in the multidistrict litigation (MDL) targeting cow’s milk-based baby formulas linked to necrotizing enterocolitis (NEC) in premature infants has been delayed, marking another hurdle for plaintiffs in this closely watched case. On July 28, 2025, U.S. District Judge Rebecca Pallmeyer, presiding over MDL No. 3026 in the Northern District of Illinois, granted summary judgment to Abbott Laboratories, dismissing the case just weeks before its scheduled August 11 trial date. This follows the dismissal of the first bellwether in May 2025, pushing the next trial to November 3, 2025.
The NEC Baby Formula Litigation
The MDL consolidates over 759 lawsuits against Abbott Laboratories (Similac) and Mead Johnson (Enfamil), alleging that their cow’s milk-based formulas increase the risk of NEC, a severe gastrointestinal condition, in preterm infants. Plaintiffs argue that the manufacturers knew of the risks for decades but failed to warn parents or medical professionals, aggressively marketing their products as safe for NICU use. Research, including a 2024 NIH-funded study, shows preterm infants fed donor milk have a 4.2% NEC rate compared to 9% for those fed formula, bolstering plaintiffs’ claims.
Dismissal of the Second Bellwether
The dismissed case, K.B. v. Abbott Laboratories, involved a premature infant who developed NEC after being fed Similac in 2015. Judge Pallmeyer ruled that the plaintiff’s expert failed to establish causation for infants born over 32 weeks gestation and weighing more than 2,000 grams, citing insufficient evidence under the federal Daubert standard. Without this testimony, the case could not proceed to trial. The judge left open the possibility of revival if new evidence emerges, but Abbott pushed for permanent dismissal, noting the evidentiary gap was known since 2022.
This follows the May 2025 dismissal of the first bellwether, Mar v. Abbott Laboratories, where the plaintiff failed to prove that Abbott’s lack of warning caused her daughter’s death or that a feasible alternative, like human-milk-based formula, was available. Despite these setbacks, Judge Pallmeyer upheld the admissibility of key plaintiff experts, Dr. Logan Spector and Dr. Jennifer Sucre, allowing future cases to proceed.
Strategic Shifts to State Courts
The federal MDL’s stringent evidentiary standards have driven some plaintiffs to state courts, where juries often decide causation issues. Notable state court successes include:
- A $60 million verdict in Illinois in March 2024 (Watson v. Mead Johnson).
- A $495 million verdict in Missouri in July 2024 (Gill v. Abbott Laboratories), with $400 million in punitive damages.
- A Missouri defense verdict overturned in March 2025 due to misconduct, ordering a retrial.
A recent New Jersey lawsuit filed by a Kansas City family further illustrates this trend, alleging hospital negligence and manufacturer liability for failing to disclose NEC risks. The complaint highlights the absence of warnings about alternatives like donor milk, pointing to the manufacturers’ marketing influence over hospitals.
Current Status and Next Steps
The MDL now includes 759 active cases, up from 744 in July 2025, reflecting continued momentum. On July 15, 2025, Judge Pallmeyer ordered a census of all Similac-related claims, both filed and unfiled, to facilitate settlement discussions, managed by Special Master Randi S. Ellis. The next bellwether, Brown v. Abbott Laboratories, is set for November 3, 2025, with Inman v. Mead Johnson scheduled for February 2, 2026.
Plaintiffs’ attorneys remain confident, citing upheld expert testimony and state court victories. Defendants argue that NEC can occur naturally in preterm infants and that their products meet regulatory standards. The outcomes of upcoming bellwethers will likely influence settlement negotiations, with potential payouts ranging from high six figures to millions per case, depending on injury severity.
Broader Implications
The litigation is spurring changes in neonatal care, with hospitals under pressure to prioritize donor milk or human milk-based fortifiers. A 2024 NEC Working Group report called for more research into feeding practices and better access to donor milk, noting one daily infant death from NEC. As the MDL progresses, it underscores the tension between federal evidentiary rigor and state court flexibility, with significant implications for infant formula safety and corporate accountability.
Sources: Lawsuit Legal News, Consumer Notice, TruLaw, AboutLawsuits.com, X Post by @abronstadlaw