Institutional quantification of necrotizing enterocolitis (NEC) liability through MDL 3026 bellwether data.
1200+ Cases
Currently in MDL 3026
| Event | Metric |
|---|---|
| Bellwether Verdict I | $60,000,000 |
| Bellwether Verdict II | $495,000,000 |
| Global Settlement Phase | Projected 2026 |
| Injury Class | Est. Range |
|---|---|
| Wrongful Death | $250K - $450K |
| Severe NEC | $600K - $1.2M |
| Severe NEC | $2.5M+ |
| Parameter | Standard |
|---|---|
| Causation Protocol | Cow's Milk Link |
| Primary Jurisdiction | N.D. Illinois |
| Audit Version | S-Class v2.6 |
The baby formula NEC litigation pivots on **failure to warn**. Our engine audits the specific causal link between cow's milk-based formula (Enfamil/Similac) and the rapid onset of necrotizing enterocolitis in preterm infants.
Real-time trial outcome weighting
Resection and ostomy severity audit
Long-term developmental expense audit
"Calibrated against North Shore and MDL 3026 bellwether verdicts exceeding $555M in aggregate damages (2024-2026)."
A: Average NEC settlement payouts in 2026 are projected between $300,000 and $800,000. However, jury verdicts for severe cases involving surgical resection have exceeded $60M per infant, establishing massive upward pressure on settlement negotiations.
A: MDL 3026 is currently in the late bellwether phase. Global settlement negotiations are anticipated to materialize in late 2026 as manufacturers seek to resolve thousands of pending claims following significant jury defeats in Illinois and Missouri.
A: Current litigation targets manufacturers Abbott (Similac) and Mead Johnson (Enfamil) for failing to warn that cow's milk-based formula carries a significantly higher risk of NEC for premature infants compared to human donor milk or fortifiers.
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