Progress in Infant Formula Litigation: Upcoming Bellwether Trials

Attorney Complaints
Webp m5sbio5gaf4wd5ty1znu7n05p7ss
Tom Methvin, Principal, Managing Attorney | Beasley Allen, law firm, GA

The federal Infant Formula litigation, consolidated into a multi-district litigation (MDL) in the Northern District of Illinois, is making strides towards justice for affected families. The first bellwether trials are anticipated to take place in early 2025.

Research spanning over three decades has consistently revealed the association between cow’s milk-based formulas and necrotizing enterocolitis (NEC), a severe condition affecting premature infants. Major brands like Enfamil and Similac have yet to incorporate warnings about this risk on their products, posing a significant concern for parents and healthcare providers.

"NEC predominantly affects premature babies. It involves inflammation and tissue death in the intestines. A hole may form in the baby’s intestine, allowing bacteria to leak into the abdomen or bloodstream. NEC typically develops within two to six weeks after birth."

NEC manifests in different forms such as Classic NEC, Transfusion-associated NEC, Atypical NEC, and Term infant NEC, each with its distinct characteristics and implications. The condition can have devastating effects on infants, leading to emotional distress and financial burdens for families.

"We are fighting for change and justice for all the families who have been affected. Parents who have witnessed their babies battle this heartbreaking condition have faced not only significant financial burdens but also emotional distress, seeing their infants endure suffering and, in some cases, death."

Law firm Beasley Allen has taken action by filing cases in Madison County, IL, which are currently awaiting the defendants' appeal of jurisdictional matters. While all briefs have been submitted, the resolution of these appeals is eagerly awaited to resume the trial schedule in 2024. In the interim, expert testimonies are being collected, and the discovery process continues.