MDL Track
MDL 3026
N.D. Ill.
Abbott preterm infant nutrition products liability
779 pending
Pharmaceutical · claims that premature infant formula increased necrotizing enterocolitis risk
Defendant
Abbott Laboratories
MDL / Track
MDL 3026
N.D. Ill.
Judge
Judge Rebecca R. Pallmeyer
Plaintiffs
roughly 796 pending (779 per JPML March 2, 2026 report, plus 17 new filings tracked since)
Bellwether / Trial
Settlement Status
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Case overview
The Missouri Court of Appeals upheld the $495 million verdict against Abbott Laboratories on May 8, 2026, rejecting the learned-intermediary defense and ruling preterm formula is food requiring direct warnings. Approximately 810 cases are pending in MDL No. 3026 before Judge Rebecca R. Pallmeyer in the Northern District of Illinois, with hundreds more in state courts. First federal bellwether trials began in July 2026; no global settlement exists.
Causation Theory
Plaintiffs' experts rely on a meta-analysis admitted in May 2025 showing 67% increased NEC risk in randomized trials for formula-fed preterm infants, with cohort studies showing 226% increased risk and case-control studies showing 135% increased odds. The biological theory holds that cow's milk proteins and fats overwhelm the immature gut, promote dysbiosis, and trigger inflammatory necrosis. Defendants counter with a September 2024 joint FDA/NIH/CDC statement finding no conclusive evidence that preterm infant formula causes NEC, emphasizing that absence of human milk—not formula toxicity—drives risk.
Case Management Orders
Litigation status
MDL 3026 remains active before Judge Rebecca R. Pallmeyer in the Northern District of Illinois with roughly 796 pending actions (779 per JPML March 2, 2026 report, plus 17 new filings tracked). Mead Johnson secured the first federal jury verdict on August 31, 2026 in Inman v. Mead Johnson, No. 1:22-cv-03737, following three prior Abbott defense wins on summary judgment. Case Management Order No. 15 governs second-wave bellwether trials scheduled through February 2027.
MDL Track
MDL 3026
N.D. Ill.
Abbott preterm infant nutrition products liability
779 pending
State Court Activity
concentrated in Madison County, Ill., St. Louis, Mo., and Cook County, Ill.; 90% of U.S. filings in two Illinois counties per September 2026 reporting
MDL 3026 Leadership
Plaintiff Leadership
Plaintiffs' Steering Committee
Plaintiffs' Co-Lead Counsel
C. Andrew Childers
Levin, Papantonio, Proctor, Buchanan, O'Brien, Barr & Mougey, P.A.
achilders@levinlaw.com(850) 435-7000Defense Leadership
Defense Co-Liaison Counsel
Defense Lead Counsel
Geographic exposure
Approximately 377,000 premature births annually in the U.S.; NEC affects 7-10% of very low birth weight preterm infants. ~1,000 total lawsuits pending nationally as of mid-2026, with ~780 in federal MDL and hundreds more in state courts. Narrow plaintiff pool due to strict documentation requirements: premature birth <37 weeks (typically <28 weeks for strongest cases), documented cow's milk formula or fortifier exposure in NICU, and confirmed NEC diagnosis requiring surgery or causing death.
$495 million verdict upheld on appeal — Gill v. Abbott, Missouri Court of Appeals Eastern District, May 5, 2026. Infant born at 26 weeks developed NEC after Similac Special Care in NICU. Abbott's learned intermediary defense rejected; court found Abbott's conduct 'significantly reprehensible.' Abbott intends to seek further appellate review, potentially to Missouri Supreme Court.
$70 million verdict April 10, 2026 — four families: Antonia Mendez ($15M), Eboni Williams ($15M), Casie Thompson ($7M), Kara Sharpe ($16M) compensatory, plus $17M punitive. Abbott's Similac Special Care in NICU. Jury selection began March 4, 2026. Abbott plans to appeal.
$60 million wrongful death verdict March 14, 2024 — Mead Johnson, Enfamil-fed premature infant.
State-level consolidation of roughly 20 NEC cases before Judge Dennis Ruth. Abbott seeking transfer to Cook County or Lake County under forum non conveniens doctrine.
Emerging plaintiff battleground. NEC cases proceed individually — not consolidated. Plaintiffs sue hospitals alongside Abbott and Mead Johnson, complicating defense coordination. First Philadelphia trial expected spring 2026.
$32 million verdict December 2025 — Connecticut Superior Court, Yale New Haven Hospital. Aries-Reign Peterson died of NEC after bovine-based fortifiers. Court found battery for failure to obtain informed consent; human-based alternatives not disclosed. Hospital liability distinct from manufacturer track.
MDL No. 3026, Judge Rebecca R. Pallmeyer. 782 cases pending as of April 1, 2026; approximately 779 as of March 2026. First Enfamil federal bellwether — Inman v. Mead Johnson — set July 6, 2026. 7th Circuit reviewing MDL judge's rulings keeping cases in federal court; reversal would shift volume to state juries.
New filing in MDL 3026, Northern District of Illinois. Infant born 27 weeks, 1,000 grams, fed Similac and Similac Human Milk Fortifier in NICU; NEC diagnosis with severe injuries.
New state court filing — Kansas City family, infant delivered at 27 weeks, under two pounds, fed Abbott and Mead Johnson bovine-based products in New Jersey NICU.
JPML declined remand of California NEC lawsuit to state court, keeping in federal MDL. Infant fed Similac and Enfamil in 2014 hospitalization; NEC required surgery with ongoing long-term medical complications.
Key defendants
Abbott Laboratories
Role: Manufacturer
Lost $495M Missouri state verdict but won third consecutive MDL bellwether trial October 2025. Daubert motions to exclude plaintiffs' experts denied by Judge Pallmeyer in MDL 3026. Illinois Appellate Court rejected venue transfer bids June 2025, keeping cases in Madison County.
Mead Johnson & Company, LLC
Role: Manufacturer
Reckitt subsidiary facing parallel exposure. Bellwether sequence set with Inman v. Mead Johnson first. No reported trial wins yet; settlement posture unclear.
St. Louis Children's Hospital
Role: Institutional Defendant
Named in Whitfield v. St. Louis Children's Hospital, rare provider-targeted case tried in Missouri. Defense verdict returned—suggesting hospitals may resist settlement unless specific feeding-protocol failures alleged.
| Defendant | Role | Intelligence Note |
|---|---|---|
| Abbott Laboratories | Manufacturer | Lost $495M Missouri state verdict but won third consecutive MDL bellwether trial October 2025. Daubert motions to exclude plaintiffs' experts denied by Judge Pallmeyer in MDL 3026. Illinois Appellate Court rejected venue transfer bids June 2025, keeping cases in Madison County. |
| Mead Johnson & Company, LLC | Manufacturer | Reckitt subsidiary facing parallel exposure. Bellwether sequence set with Inman v. Mead Johnson first. No reported trial wins yet; settlement posture unclear. |
| St. Louis Children's Hospital | Institutional Defendant | Named in Whitfield v. St. Louis Children's Hospital, rare provider-targeted case tried in Missouri. Defense verdict returned—suggesting hospitals may resist settlement unless specific feeding-protocol failures alleged. |
Timeline
Federal MDL 3026 Established
Judicial Panel on Multidistrict Litigation consolidates NEC preterm infant formula cases in In re: Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026, before Chief Judge Rebecca R. Pallmeyer in the Northern District of Illinois.
First State Verdict: $60M Against Mead Johnson
St. Clair County, Illinois jury awards $60 million in Watson v. Mead Johnson & Company, LLC, finding liability for failure to warn of NEC risk in Enfamil-fed premature infant.
$495M Missouri Verdict Against Abbott
St. Louis City Circuit Court jury awards $495 million ($95 million compensatory, $400 million punitive) in Gill v. Abbott Laboratories, 22nd Judicial Circuit, for infant who developed NEC after Similac Special Care 24 feedings.
MDL Bellwether Sequence Set
Parties agree to four federal bellwether trials in MDL 3026: Mar v. Abbott, Diggs v. Abbott, Etienne v. Abbott, and Inman v. Mead Johnson. U.S. District Court, Northern District of Illinois, Chief Judge Rebecca R. Pallmeyer.
First MDL Bellwether Dismissed
Judge Pallmeyer grants Abbott summary judgment in Mar v. Abbott, MDL 3026, finding no genuine dispute of material fact where hospital had no donor milk or human milk fortifier available, rendering stronger warning non-causal.
Second MDL Bellwether Dismissed
Judge Pallmeyer dismisses Diggs v. Abbott, MDL 3026, after excluding plaintiff's specific causation expert for failing Daubert 'factual fit' standard regarding infant's gestational profile.
$70M Cook County Verdict Against Abbott
Cook County Circuit Court jury awards $70 million ($53 million compensatory, $17 million punitive) to four families whose premature infants developed NEC after Similac Special Care 24. Abbott announces intent to appeal.
Missouri Appeals Court Affirms $495M Gill Verdict
Missouri Court of Appeals affirms Gill v. Abbott Laboratories in full, rejecting learned-intermediary defense and holding preterm infant formula is food, not prescription drug, requiring direct warnings. Missouri Supreme Court declines further review.
Illinois Appeals Court Reverses $60M Watson Verdict
Illinois Fifth District Appellate Court reverses Watson v. Mead Johnson, 2026 IL App (5th) 240936, ordering new trial. Court holds learned-intermediary doctrine applied as matter of law, finds erroneous jury instructions, and rules Mead Johnson financial evidence improperly admitted.
First Federal Bellwether Reaches Jury
Inman v. Mead Johnson & Company, LLC, MDL 3026, begins jury selection July 6, 2026 before Chief Judge Pallmeyer in Northern District of Illinois. First NEC-formula case to reach federal jury; first MDL bellwether targeting Enfamil product line. Verdict pending as of July 19, 2026.
Statute of limitations
Discovery rule applicability varies by state and materially affects NEC cases where diagnosis may post-date NICU discharge by months or years. Source [2] and [3] emphasize discovery rule may extend filing deadlines when harm was not immediately discoverable. Source [4] notes Kentucky and Louisiana have 1-year deadlines (shortest); Maine and North Dakota 6 years; Missouri 5 years. No global tolling agreement confirmed in sources; individual tolling agreements may exist. MDL 3026 centralized in N.D. Ill. per JPML order January 2024.
Illinois
2 years from discovery
Rule: 735 ILCS 5/13-202(a) (product liability); discovery rule applies per standard Illinois tort accrual
Discovery: Accrues when plaintiff knew or reasonably should have known of injury and its causal connection to formula
Home to Abbott Laboratories and Mead Johnson headquarters; venue of choice for many filings. Source [2] confirms 2-year deadline with discovery rule extension. Minority tolling: 735 ILCS 5/13-211 suspends until age 18, then 2 years to file
Florida
2 years from injury
Rule: Fla. Stat. § 95.11(3)(a) (product liability)
Discovery: Limited; state may allow exceptions under certain circumstances per source [1]
Source [1] confirms 2-year deadline per § 95.11. Minority tolling: § 95.051 gives minors additional time. Source [1] notes exceptions for parents under certain circumstances—speaking to lawyer advised
California
2 years from injury
Rule: Cal. Code Civ. Proc. § 335.1
Source [4] confirms 2-year deadline. No minority tolling for product liability; parents must file derivative claims within 2 years
Texas
2 years from injury
Rule: Tex. Civ. Prac. & Rem. Code § 16.003(a)
Source [4] confirms 2-year deadline among most states. Minority tolling typically until age 18, then 2 years
New York
3 years from injury
Rule: N.Y. C.P.L.R. § 214
Source [4] confirms 3-year deadline. Infant tolling: § 208 suspends until age 18, then 3 years
Pennsylvania
2 years from injury
Rule: 42 Pa. Cons. Stat. § 5524
Source [4] confirms 2-year deadline. Minority tolling: § 5533 tolls until age 18, then 2 years
⚠Michigan
3 years from injury
Rule: Mich. Comp. Laws § 600.5805
Source [4] confirms 3-year deadline. Minority tolling: § 600.5851 tolls until age 18, then 1 year—short post-minority window creates intake urgency
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| Illinois | 2 years from discovery | 735 ILCS 5/13-202(a) (product liability); discovery rule applies per standard Illinois tort accrual | Accrues when plaintiff knew or reasonably should have known of injury and its causal connection to formula | Home to Abbott Laboratories and Mead Johnson headquarters; venue of choice for many filings. Source [2] confirms 2-year deadline with discovery rule extension. Minority tolling: 735 ILCS 5/13-211 suspends until age 18, then 2 years to file |
| Florida | 2 years from injury | Fla. Stat. § 95.11(3)(a) (product liability) | Limited; state may allow exceptions under certain circumstances per source [1] | Source [1] confirms 2-year deadline per § 95.11. Minority tolling: § 95.051 gives minors additional time. Source [1] notes exceptions for parents under certain circumstances—speaking to lawyer advised |
| California | 2 years from injury | Cal. Code Civ. Proc. § 335.1 | — | Source [4] confirms 2-year deadline. No minority tolling for product liability; parents must file derivative claims within 2 years |
| Texas | 2 years from injury | Tex. Civ. Prac. & Rem. Code § 16.003(a) | — | Source [4] confirms 2-year deadline among most states. Minority tolling typically until age 18, then 2 years |
| New York | 3 years from injury | N.Y. C.P.L.R. § 214 | — | Source [4] confirms 3-year deadline. Infant tolling: § 208 suspends until age 18, then 3 years |
| Pennsylvania | 2 years from injury | 42 Pa. Cons. Stat. § 5524 | — | Source [4] confirms 2-year deadline. Minority tolling: § 5533 tolls until age 18, then 2 years |
| ⚠Michigan | 3 years from injury | Mich. Comp. Laws § 600.5805 | — | Source [4] confirms 3-year deadline. Minority tolling: § 600.5851 tolls until age 18, then 1 year—short post-minority window creates intake urgency |
Live intelligence
AI litigation brief
NEC Baby Formula remains active mdl with 83 current signals in the accepted feed.
Overview
MDL 3026 remains active before Judge Rebecca R. Pallmeyer in the Northern District of Illinois with roughly 796 pending actions (779 per JPML March 2, 2026 report, plus 17 new filings tracked). Mead Johnson secured the first federal jury verdict on August 31, 2026 in Inman v. Mead Johnson, No. 1:22-cv-03737, following three prior Abbott defense wins on summary judgment. Case Management Order No. 15 governs second-wave bellwether trials scheduled through February 2027.
Key developments
Trajectory
Court filings and press coverage are both active in MDL 3026, pointing to sustained litigation pressure rather than a one-off headline cycle. 6 live sources are contributing current context.
Editorial intelligence
MDL 3026 should stay on the lead docket watch because it is the primary consolidation vehicle for NEC Formula.
Generated Sep 30, 2026, 10:00 AM UTC
83 events detected
Google News (50)
Can NEC Formula Cases Be Handled Through Coordinated Litigation? - Racine County Eye
Why 90 percent of US baby formula lawsuits landed in two Illinois counties - thehill.com
Mead Johnson wins US federal bellwether trial over preterm infant formula Enfamil - 927thevan.com
Mead Johnson wins US federal bellwether trial over preterm infant formula Enfamil - Reuters
Reckitt Got A Key Win In Its Baby Formula Lawsuit - Finimize
Reckitt Shares Rebound as Mead Johnson Wins Infant Formula Trial - Bloomberg.com
Reckitt’s Mead Johnson Wins Infant Formula Case in Federal Trial - Bloomberg.com
Mead Johnson Wins Defense Verdict in 1st Federal Trial Over Cow's Milk-Based Infant Formula - Law.com
Mead Johnson Prevails In 1st Infant Formula MDL Trial - Law360
SETTLEMENT AGREEMENTS—BABY PRODUCTS—Abbott resolves portion of infant formula claims for $670M - VitalLaw.com
Abbott to Pay $670 Million, Settle 2,000 Infant Formula Cases - mb.ntd.com
Abbott Strikes $670 Million Deal to Settle Premature Infant Formula Lawsuits - finance.biggo.com
Abbott agrees $670m settlement of preterm infant formula litigation - FoodBev Media
Abbott Bypasses Appeals Process To Settle Ongoing Premature Infant Formula Litigation - Benzinga
As First Federal Formula Trial Begins Against Mead Johnson, Abbott Announces $670M Settlement - Law.com
Abbott Laboratories settles multitude of infant formula legal claims - just-food.com
Abbott agreed to pay $670 million to settle preterm baby formula lawsuits - qz.com
Abbott to pay $670 million to settle some preterm infant formula cases - ET HealthWorld
Abbott to pay US$670mil to settle some preterm infant formula cases - Free Malaysia Today
Abbott Reaches $670 Million Settlement in Infant Formula Litigation - Devdiscourse
Abbott Laboratories Reaches $670 Million Settlement in NEC Infant Formula Lawsuits - Kalkine Media
Abbott to Pay $670 Million to Settle Baby-Formula Litigation - WSJ
Abbott settles preterm formula litigation for $670 million - Investing.com
Abbott settles preterm formula litigation for $670 million By Investing.com - Investing.com Canada
Abbott's $670 Million Settlement Resolves Infant Formula Legal Claims - Devdiscourse
Abbott reaches agreements to resolve a portion of litigation involving its specialty formulas for preterm infants - Abbott MediaRoom
Abbott settles $670M lawsuits over preterm infa... - Pluang
Abbott reaches agreements to resolve portion of litigation over infant formula - TradingView
Abbott Will Pay $670 Million to End 2,000 Infant Formula Claims - Bloomberg.com
Abbott Laboratories to pay $670 million to settle cases, claims over its formula for premature babies - Chicago Tribune
Abbott settles appeal over $495 million infant formula verdict - Reuters
Infant Formula MDL Judge Laments Ongoing 'Trial-By-Video' - law360.com
Mead Johnson Pushed Formula Knowing Risks, Jury Told - law360.com
First Bellwether Trial Today Against Reckitt Benckiser’s Mead Johnson in NEC Baby Formula MDL Led by Levin Papantonio - WBOC TV
Reckitt faces court showdown over baby formula claims - This is Money
First Baby Formula MDL Trial To Kick Off In Chicago - Law360
Federal regulation doesn’t nix baby formula harm lawsuits, judge says - KPVI
JURISDICTION—BABY PRODUCTS—7th Cir.: Infant formula makers fail to establish fraudulent joinder based on parents’ litigation conduct - VitalLaw.com
7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL - Law360
Abbott Notches Appellate Win in Bellwether Infant Formula Case - Bloomberg Law News
Why Neonatal Health Advocates Are Raising the Alarm on Formula - South Florida Caribbean News
‘Live insect’ in baby formula: Court drops case against Ex-Mead Johnson India MD - The Indian Express
Infant Formula Manufacturers Decide Whether to Inform FDA About Possible Harm - Truthout
What to Know About the First Federal NEC Baby Formula Lawsuit - The Legal Examiner
What to Know About the Federal NEC Baby Formula Lawsuits - The Legal Examiner
Infant Formula Makers Were Required to Tell the FDA When Babies Died — Records Show They Never Did - inkl
Jury Clears Mead Johnson: Formula Not to Blame in Preterm Bowel Disease Case - Devdiscourse
Premature Infants in NICUs Face a Higher Risk of NEC from Formula, Experts Warn - Medical Daily
The Fox Has Been Guarding the Henhouse for Years: Infant Formula Makers Decide for Themselves Whether Baby Deaths Get Reported to the FDA - Marler Blog
Mead Johnson Wins Defense Verdict in Latest NEC-Related Infant Formula Trial - Law.com
Pediatrics international : official journal of the Japan Pediatric Society • Oshiro M • PMID 41988811 • Journal Article.
Journal of neonatal-perinatal medicine • Jafarvand B • PMID 42806757 • Journal Article.
Medicine • Chung SH • PMID 42700076 • Journal Article.
Clinical and translational medicine • He Y • PMID 42745358 • Journal Article.
Frontiers in pediatrics • Zhong B • PMID 42741249 • Journal Article.
No recent FDA signals. Monitoring is active — this section updates automatically.
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket filed in JPML: The plaintiffs are suing the manufacturers of 'Similac' and 'Enfamil' cow's milk-based infant feeding products, alleging that these products caused a severe gastrointestinal condition called necrotizing enterocolitis (NEC) in the infant plaintiff L.K. The lawsuit claims that there were safer human m
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from DCD: COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-12699889) filed by MATLENE HOWARD, DYAMOND CAPEL, MARY BETH EHNEY, NANCY KULES, LAVENIA REINKE, DONALD BANDHOLD, CHAD FARR, JONATHAN BEYER, ELVA ESPINOZA, JOSEPH BOUTHOT, THOMAS KOKESH, LASHAVIEA FLINT, RACHE
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Emily Rodriguez; Jury Demand. Filing fee $ 405, receipt number AILNDC-25708507. (Attachments: # 1 Exhibit Mead Johnson Direct Filing Cover Sheet)(Hauer, Stacy) (Entered: 09/24/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Natassja Hinton; Jury Demand. Filing fee $ 405, receipt number AILNDC-25704559. (Attachments: # 1 Exhibit CMO 011)(Papantonio, Sara) (Entered: 09/23/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Lovetta Scott; Jury Demand. Filing fee $ 405, receipt number AILNDC-25688709. (Attachments: # 1 Exhibit CMO 011)(Papantonio, Sara) (Entered: 09/21/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Raven Hausey; Jury Demand. Filing fee $ 405, receipt number AILNDC-25642015.(Wexler, Noah) (Entered: 09/10/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Raiefiel Frederick; Jury Demand. Filing fee $ 405, receipt number AILNDC-25625152. (Attachments: # 1 Civil Cover Sheet)(Sletvold, Ashlie) (Entered: 09/04/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by GEORGIA L. GEORGE; Jury Demand. Filing fee $ 405, receipt number AILNDC-25624301. (Attachments: # 1 Exhibit CMO 011)(Papantonio, Sara) (Entered: 09/04/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Gary Horn; Jury Demand. Filing fee $ 405, receipt number AILNDC-25620083. (Attachments: # 1 Civil Cover Sheet)(Murphy, Amanda) (Entered: 09/03/2026)
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82Score
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AI Brief
NEC Baby Formula remains active mdl with 83 current signals in the accepted feed.
Overview
MDL 3026 remains active before Judge Rebecca R. Pallmeyer in the Northern District of Illinois with roughly 796 pending actions (779 per JPML March 2, 2026 report, plus 17 new filings tracked). Mead Johnson secured the first federal jury verdict on August 31, 2026 in Inman v. Mead Johnson, No. 1:22-cv-03737, following three prior Abbott defense wins on summary judgment. Case Management Order No. 15 governs second-wave bellwether trials scheduled through February 2027.
Key developments
PACER court filing on Dec 31: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation. ‖ Racine County Eye news on Sep 17: Can NEC Formula Cases Be Handled Through Coordinated Litigation? - Racine County Eye. ‖ PubMed research on Dec 1: Antenatal Bartter Syndrome Type 4a: Ibuprofen Treatment for a Challenging Case of Very Low Birth Weight Infant..
Generated Sep 30, 2026, 10:00 AM UTC
Tracked MDLs
MDL 3026
N.D. Ill.
Abbott preterm infant nutrition products liability