April 18, 2023 Update:
Over the past month, 35 new cases have been added to the infant formula NEC class action lawsuit. This is the third consecutive month that we have observed an increase in the number of new cases, making it the biggest monthly volume since the litigation began. The MDL currently has 157 open cases, and early in the next year, we might witness the start of the first bellwether test trial.
March 16, 2023 Update:
Over the past 30 days, 17 additional ongoing cases have been added to the infant formula NEC class action MDL, bringing the total number of plaintiffs in the MDL to 122. Since the MDL's inception, this represents the second-highest number of new cases.
March 8, 2023 Update:
According to a recent study, there were no appreciable differences in the incidence of necrotizing enterocolitis between preterm infants fed only on human milk and those fed bovine milk formula with fortifiers. It has long been advised by the American Academy of Paediatrics that preterm infants consume human milk, ideally their mother's milk, and that human milk fortifiers be used to add extra nutrients to help growth and development.
Therefore, this study demonstrates that feeding infant formula based on cow's milk is equally as effective as giving neonates human milk products that are not from their mothers. Parents and hospitals should be aware that certain options do not entail Similac and Enfamil because they do not pose the same risk of NEC.
February 25, 2023 Update:
Over the past month, five more lawsuits alleging that formula contributed to NEC in preterm newborns were added to the NEC formula class action MDL. There are now 97 open cases in the MDL for the NEC formula. The number of instances is the same as it was in July 2022. Why? To begin with, a lot of NEC formula cases are being heard in state courts, which prevents their transfer to the MDL.
January 17, 2023 Update:
Over the past month, the class action complaint has received nine additional NEC cases involving infant formula. As a result, there are now 97 active cases in the MDL for the NEC formula. This number includes all claims other than those filed in state court as there is no claims registry for this action.
January 10, 2023 Update:
The Judge in the NEC infant formula class action MDL in the Northern District of Illinois is attempted to schedule a “science day.”
A common strategy in mass tort MDLs is science days. They permit submissions from both sides to inform the court of the pertinent scientific facts. The January monthly status meeting is anticipated to determine a date for the NEC baby formula science day.
December 15, 2022 Update:
The 12 formula NEC cases that will take part in the bellwether programme will be decided by the end of this month. Eight cases have already been identified, and the defence will choose the final four cases the following week.
The PLC published a suggested timetable for the bellwether programme on November 10th, with an April 2023 fact-finding deadline. The suggested timeline for expert discovery is December 2023. The first bellwether trials might start in the spring of 2024, according to the suggested plan. It would be decided which four of the twelve cases from the bellwether programme would go to trial in May 2023.
November 11, 2022 Update:
In the federal class action lawsuit, eight NEC infant formula cases have already been chosen to participate in the bellwether programme. By the end of the month, the defendants will choose a further four NEC cases.
Each of the twelve plaintiffs in these bellwether cases will be forced to submit a fact sheet questionnaire form as the first stage of the discovery process, according to a new Case Management Order that the MDL judge officially approved last week. The plaintiffs' depositions and expert witness discovery will come next.