10/24/2025
On October 24, 2025, Judge Rebecca R. Pallmeyer of the U.S. District Court for the Northern District of Illinois granted defendant Abbott Laboratories Inc’s motion for summary judgment in the third bellwether trial to be held in the multidistrict litigation that alleges that the manufacturer’s cow-milk-based formula causes infants to develop necrotizing enterocolitis, a severe gastrointestinal emergency primarily affecting premature newborns, causing inflammation and death (necrosis) of the intestinal lining. There are currently over 770 cases pending in the MDL.
In her Memorandum Opinion and Order, Judge Pallmeyer ruled that the plaintiffs had failed to rebut Abbott’s argument that there was no feasible human milk alternative that could be manufactured at a scale to match that found with its product Similac Special Care formula. In her order she stated:
“In short, to meet the needs of the nation’s NICUs, the proposed alternative to a cow’s-milk-based infant formula would require a dramatic increase in the supply of human donor milk. If such an increase were possible at all, it would be prohibitively expensive, would raise serious ethical concerns, and would almost certainly require the availability of some CMBF (cow milk based formula) as a backup. The court concludes that on this record, no reasonable jury would find that Prolacta formula is a feasible alternative to SSC-24 (Similac Special Care-24 formula).”
This represents the third bellwether finding in favor of Abbott. The second bellwether trial held in July, 2025, also resulted in Judge Pallmeyer delivering a summary judgment in favor of the manufacturer; in this case the judge ruled that there was no causation evidence established linking the infant’s injuries to the epidemiologist’s expert opinion. Similarly, the first bellwether in he MDL, held in May, 2025 resulted in summary judgment in favor of Abbott. In that case Judge Pallmeyer stated “”The factual reality, however, is that at the time and location of this baby’s birth, cow’s milk-based infant formula was the only option to feed her. Abbott cannot be liable for its failure to warn of a better but unavailable alternative.”
The fourth bellwether is scheduled to start in February 2026.
Given the track record in federal court, attention may be refocused on the 600-700 cases pending in various state courts where rulings have been more favorable to the plaintiffs, including verdicts of $60 million (against Mead Johnson in Illinois in March, 2024) and $495 million (against Abbott in Missouri in July 2024).
5/2/2025
On Friday, May 2, U.S. District Judge Rebecca Pallmeyer of the Northern District of Illinois, ruling on the defendant’s summary judgment motion, dismissed the first bellwether case in the Infant Formula MDL 3026 filed against Abbott Laboratories; the case was scheduled to start trial on May 12. The plaintiffs in the case alleged that Abbott’s cow’s milk-based infant formula, intended for use by premature infants, caused a gastrointestinal disease known as necrotizing enterocolitis (NEC) in 15-day old RaiLee Mar, resulting in her death. There are currently over 700 lawsuits pending in federal court making similar claims that have been filed against manufacturers Abbott Laboratories and Mead Johnson, a subsidiary of Reckitt Benckiser Group, involving their formula brands Enfamil and Similac.
Judge Pallmeyer’s Ruling on the First Bellwether Case
In her ruling, Judge Pallmeyer wrote:
“Abbott could have made more forceful warnings about the relative risks of its formula. The factual reality, however, is that at the time and location of this baby’s birth, cow’s milk-based infant formula was the only option to feed her. Abbott cannot be liable for its failure to warn of a better but unavailable alternative.”
The judge also ruled that the decision would have “limited direct application” to other cases in the MDL.
Key Takeaways from the Separate Summary Judgment Ruling
In a separate summary judgment ruling, however, Judge Pallmeyer declined to grant that motion, instead refusing to exclude two of the plaintiffs’ general causation experts in the MDL, stating that the defendants had taken the experts’ deposition testimony out of context and describing some of their arguments as “groundless”. Lead counsel in the MDL took the opportunity after the rulings to point out that the judge’s ruling in the second motion left the door open for the remaining bellwether cases to proceed as part of the MDL in federal court. In addition, the judge rejected Abbott’s contention that it did not have a duty to warn the plaintiff of the risks associated with its baby formula.
State Court Litigation Results
There have been a number of mixed results in state court since the onset of the litigation, including verdicts for the plaintiffs in Illinois and Missouri in the amounts of $60 million and $495 million, as well as a defense verdict for both companies.
What’s Next for the Infant Formula MDL?
The next bellwether trial is scheduled for August 11. Is your law firm involved in the Infant Formula MDL or other complex litigations?
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