Updates on the NEC Infant Formula Litigation

Reg Reinoso

Author

NEC Infant Formula Litigation Update July 2024

Attorney Mikal Watts provides a significant update on the NEC Infant Formula litigation, representing a dedicated pursuit of justice and accountability for affected families. Recently, there have been important developments in these challenging and scientifically complex cases.

First Premature Infant Formula Case Returned Substantial Verdict

In a landmark decision this past March 2024, the first NEC case in the country went to trial and resulted in a substantial $60 million jury verdict awarded to the mother of an infant who tragically passed away after using Mead Johnson’s Enfamil formula. Although Mead Johnson has indicated plans to appeal, delaying potential payments to this plaintiff, this verdict significantly impacts the landscape of ongoing NEC litigation. 

This jury verdict sends a powerful message to all defendants about the serious repercussions of failing to acknowledge the damages caused by their products. Despite this, defendants continue to deny responsibility, asserting that their cow’s milk-based products do not cause necrotizing enterocolitis (NEC) and dismissing the claims as unsupported by scientific consensus.

Litigation Progress and Client Collaboration

Hundreds of NEC lawsuits have been initiated, with new cases being filed each day. It is essential to recognize that this litigation is not a class action. Our office handles each case individually, providing tailored legal strategies and dedicated attention. Watts Law Firm LLP, in partnership with other firms appointed by the federal judge managing these cases, is intensively involved in reviewing a vast array of documents and conducting depositions of key employees from the defendant companies. 

Attorney Russ Abney from our firm is a member of the Plaintiff’s Steering Committee, playing a pivotal role in guiding the litigation. The ongoing, meticulous discovery process is vital as we gear up for several bellwether trials slated for 2024 and 2025, ensuring we are thoroughly prepared to represent our clients effectively.

We are currently working with medical, regulatory, and marketing experts to bolster our clients’ cases. This includes preparing for the upcoming trials by finalizing expert reports on the damages and the causative links between NEC and infant formula products. In response, defendants will soon provide their expert analyses, which will sharpen the contours of the ongoing legal debates.

Maintaining Effective Communication with Us is Key 

We urge clients to maintain updated contact information and stay alert for communications from our team. 

We appreciate your continued cooperation and patience as we navigate this complex litigation landscape. Rest assured, we are committed to pursuing the best possible resolution for you and will keep you informed of any significant developments.

For any changes in your contact details or further inquiries, please do not hesitate to reach out to our office. We are here to support you throughout this process and look forward to achieving justice on your behalf.

This update is intended for informational purposes only and does not constitute legal advice.