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
769 pending
Bellwether / Trial
Settlement Status
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Case overview
The NEC baby formula MDL (No. 3026) before Judge Rebecca Pallmeyer in the Northern District of Illinois includes approximately 769 pending cases as of January 2026, with hundreds more active in state courts. Plaintiffs allege Abbott Laboratories (Similac) and Mead Johnson/Reckitt (Enfamil) failed to warn that cow's milk-based formulas increase necrotizing enterocolitis risk in premature infants. State court litigation has produced two major plaintiff verdicts—$60 million against Mead Johnson in Illinois (March 2024) and $495 million against Abbott in Missouri (July 2024)—while defendants deny causation and challenge general causation testimony.
Causation Theory
Plaintiffs' causation theory rests on observational studies showing higher NEC rates among formula-fed versus human milk-fed preterm infants, including a 2024 Cochrane review finding donor human milk reduces NEC risk (RR 0.53, 95% CI 0.37–0.76). The mechanism remains contested: plaintiffs hypothesize cow's milk components trigger intestinal injury in immature gut mucosa, while defense experts and a September 2025 Pediatric Research review emphasize that human milk's protective factors—rather than formula toxicity—explain the differential risk, and that no conclusive human data identifies a specific toxic formula component.
Case Management Orders
Litigation status
MDL 3026 in the Northern District of Illinois remains active under Judge Rebecca R. Pallmeyer, with 769 pending cases as of January 2026. The court ordered a second wave of bellwether trials to begin August 2026 after three consecutive federal bellwethers were dismissed on summary judgment; state courts have produced $495 million and $60 million plaintiff verdicts.
MDL Track
MDL 3026
N.D. Ill.
Abbott preterm infant nutrition products liability
779 pending
State Court Activity
Significant activity in Missouri, Illinois, and California; Missouri $495M verdict vacated and retrial ordered (March 2025)
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 370,000 premature births annually in U.S. (10% of 3.7 million births); MDL 3026 (Judge Rebecca Pallmeyer, N.D. Ill.) holds 761-769 pending federal cases with 950 total filings, while state court filings now exceed MDL volume. Manufacturers Abbott Laboratories (Similac) and Mead Johnson/Reckitt (Enfamil) face nationwide exposure across all 50 states.
Madison County affirmed as key state court venue for thousands of NEC lawsuits against Abbott Laboratories and Mead Johnson; Illinois Appellate Court rejected defendants' venue transfer attempts June 4, 2025
$495 million verdict against Abbott Labs in Missouri state court 2024 — largest NEC verdict to date; Missouri case returned to state court per Judge Pallmeyer ruling
Kansas City family filed NEC lawsuit in New Jersey state court alleging premature infant developed NEC after cow's milk-based formula feeding in New Jersey NICU
Jacksonville family filed new complaint in MDL 3026; premature infant born at 27 weeks, 2+ pounds, developed NEC after Similac feeding in NICU
Washington state family filed MDL case August 9, 2024; infant born at 31 weeks gestation developed NEC after Similac Special Care feeding
Winchester Hospital identified as site of premature birth in active NEC litigation; case involves Similac products
State-level JCCP proceedings ongoing; discovery disputes continue in California state court parallel to federal MDL
Plaintiffs suffered procedural setback in removal fight to federal court; cases remain in active litigation status
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
MDL 3026 Formed in N.D. Ill.
Judicial Panel on Multidistrict Litigation consolidated NEC infant formula lawsuits into MDL 3026 before Judge Rebecca Pallmeyer in the Northern District of Illinois. Initial transfer included approximately 97 cases against Abbott Laboratories (Similac) and Mead Johnson (Enfamil).
Science Day Proceedings Held
Parties presented medical and scientific evidence on general causation issues at Science Day proceedings in MDL 3026, as ordered by Judge Pallmeyer.
$60M Verdict in Illinois State Court
St. Clair County, Illinois jury awarded $60 million to plaintiff Jasmine Watson in Enfamil NEC case against Mead Johnson. Verdict believed to be largest compensatory award in county history at that time.
$495M Verdict in Missouri State Court
Missouri state court jury awarded $495 million against Abbott Laboratories in Similac NEC case. Largest verdict to date in NEC litigation.
Defense Verdict in Missouri; New Trial Ordered
Missouri jury returned defense verdict for Abbott and Reckitt in Whitfield v. Abbott Laboratories. Circuit Judge Michael Noble subsequently granted motion for new trial on March 13, 2025, citing erroneous evidentiary rulings.
First MDL Bellwether Dismissed
Judge Pallmeyer granted summary judgment to Abbott in Mar v. Abbott Laboratories, Case No. 1:22-cv-00232, the first MDL 3026 bellwether trial. Dismissal based in part on unavailability of donor milk or human milk fortifier at treating hospital.
Second MDL Bellwether Dismissed
Judge Pallmeyer granted summary judgment to defendants in second MDL bellwether case, continuing defense winning streak in federal court.
Third Consecutive MDL Bellwether Dismissed
Judge Pallmeyer granted summary judgment to Abbott in third straight MDL bellwether trial, marking third consecutive defense win in federal proceedings.
MDL Case Count Stabilizes Near 770
MDL 3026 pending case count reported at 769 active cases with 950 total filings. Fourth bellwether trial Inman v. Mead Johnson & Company, LLC rescheduled for July 6, 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 61 current signals in the accepted feed.
Overview
MDL 3026 in the Northern District of Illinois remains active under Judge Rebecca R. Pallmeyer, with 769 pending cases as of January 2026. The court ordered a second wave of bellwether trials to begin August 2026 after three consecutive federal bellwethers were dismissed on summary judgment; state courts have produced $495 million and $60 million plaintiff verdicts.
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 Jun 13, 2026, 9:00 AM UTC
61 events detected
Google News (24)
Similac baby formula maker sued by Allegheny County parents over infant’s 2011 death - TribLIVE.com
NEC Baby Formula Lawsuit 2026 Update: What Families Need to Know - Edgar Snyder & Associates
Preterm Infant Formula Argument Focuses on Feeding Alternatives - Bloomberg Law News
Nestle and Danone face fresh scrutiny over infant formula recalls - Reuters
Judge sets up high stakes baby formula NEC trial vs Mead Johnson - The Black Chronicle
Abbott Securities Lawsuit Deepens Infant Formula Risks For Shareholders - Sahm
Abbott loses appeal of nearly $500 million infant formula verdict - Crain's Chicago Business
FDA Infant Formula Testing and NEC Lawsuits Explained - The Legal Examiner
Court upholds $495 million verdict against Abbott Laboratories in case over preterm infant formula - Chicago Tribune
Missouri appeals court upholds $495M ruling against Abbott in baby formula case - Seeking Alpha
Juries and Judges at Odds in Preterm Infant Formula Cases - The National Law Review
FDA search for baby formula contamination finds little - Crain's Chicago Business
Major NEC Verdict Could Shape Future Formula Lawsuits - The Legal Examiner
US preterm feed verdict revives call for infant formula warnings in India - India Today
Illinois jury awards additional $17M in baby formula lawsuits against Abbott - Top Class Actions
Abbott Jury Awards at Least $53 Million in Infant-Formula Trial - Bloomberg.com
Abbott Laboratories to pay $70M in damages in infant formula lawsuit - Chicago Sun-Times
Jury orders Abbott to pay $70 million in preterm infant formula trial, company says - Reuters
Chicago jury awards millions to families after babies fall ill after consuming Abbott Laboratories formula - ABC7 Chicago
Abbott Laboratories must pay at least $53 million in cases over infant formula, jury decides - Chicago Tribune
Jury orders Abbott to pay $53 million in preterm infant formula trial, media report says - Yahoo Finance
Jury Deliberates in Lawsuit Over Abbott Formula Linked to Premature Baby Illness - National Today
Jury deliberating in Cook County case over Abbott Laboratories’ formula for premature babies - Chicago Tribune
Inside the High-Stakes Corporate Fight Over Feeding Preterm Babies - KFF Health News
Pediatrics international : official journal of the Japan Pediatric Society • Oshiro M • PMID 41988811 • Journal Article.
World journal of clinical pediatrics • Abdelwahab IA • PMID 42220946 • Journal Article.
International journal of microbiology • Mohanto NC • PMID 42266447 • Journal Article.
Cellular and molecular gastroenterology and hepatology • Sampath V • PMID 42248551 • Journal Article.
American journal of physiology. Gastrointestinal and liver physiology • Andres SF • PMID 42242905 • 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 ILND: COMPLAINT filed by Tanner Tejcka; Jury Demand. Filing fee $ 405, receipt number AILNDC-25225330.(Wexler, Noah) (Entered: 06/08/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from PAWD: COMPLAINT against ABBOTT LABORATORIES INC. (Filing fee, including Administrative fee, $405, receipt number APAWDC-9631383), filed by PARIS WRIGHT, DEMETRIUS WILLIAMS. (Fleishman, Wendy) (Entered: 06/05/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from GAMD: COMPLAINT against Abbott Laboratories., Inc. Fee paid: Receipt # AGAMDC-5306886, $405 filed by Rikesja Pye (SMALLEY, ROBERT) (Entered: 06/05/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by MICHAEL TRAHAN, AMY CLARE TRAHAN; Jury Demand. Filing fee $ 405, receipt number AILNDC-25208329. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix Cover Sheet)(Plymale, Douglas) (Entered: 06/04/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT filed by Merissa Mahan; Jury Demand. Filing fee $ 405, receipt number AILNDC-25202413.(Wexler, Noah) (Entered: 06/03/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from CTD: COMPLAINT against ABBOTT LABORATORIES INC ( Filing fee $405 receipt number ACTDC-8631636.), filed by Lakeesha Felicien.(Duhl, Glenn) (Entered: 06/03/2026)
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILSD: NOTICE OF REMOVAL from The Circuit Court of the St. Clair County, Illinois, case number 2026LA000400 ( Filing fee $ 405 receipt number AILSDC-5919354), filed by Mead Johnson Nutrition Company, Mead Johnson & Company, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(Anscombe, Anthony) (Enter
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILSD: NOTICE OF REMOVAL from The Circuit Court of St. Clair County, Illinois, case number 2026LA000409 ( Filing fee $ 405 receipt number AILSDC-5919750), filed by Mead Johnson Nutrition Company, Mead Johnson & Company, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(Anscombe, Anthony) (Entered:
Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation
PACER docket entry from ILND: COMPLAINT with JURY DEMAND against Abbott Laboratories, Inc., filed by Kayla O'Malley. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Karon, Daniel) [Transferred from Ohio Southern on 6/2/2026.] (Entered: 05/14/2026)
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80Score
Court, news, and regulatory activity are elevated
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Last: Jun 13, 2026, 9:00 AM UTC
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AI Brief
NEC Baby Formula remains active mdl with 61 current signals in the accepted feed.
Overview
MDL 3026 in the Northern District of Illinois remains active under Judge Rebecca R. Pallmeyer, with 769 pending cases as of January 2026. The court ordered a second wave of bellwether trials to begin August 2026 after three consecutive federal bellwethers were dismissed on summary judgment; state courts have produced $495 million and $60 million plaintiff verdicts.
Key developments
PACER court filing on Dec 31: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation. ‖ TribLIVE.com news on Jun 8: Similac baby formula maker sued by Allegheny County parents over infant’s 2011 death - TribLIVE.com. ‖ PubMed research on Dec 1: Antenatal Bartter Syndrome Type 4a: Ibuprofen Treatment for a Challenging Case of Very Low Birth Weight Infant..
Generated Jun 13, 2026, 9:00 AM UTC
Tracked MDLs
MDL 3026
N.D. Ill.
Abbott preterm infant nutrition products liability