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Childers, Schlueter & Smith
(800) 641-0098

We are pleased to report that the United States Judicial Panel on Multidistrict Litigation (JPML) has now created and assigned MDL 3026 (IN RE: ABBOTT LABORATORIES, ET AL., PRETERM INFANT NUTRITION PRODUCTS LIABILITY LITIGATION) to the Honorable Rebecca R. Pallmeyer, Chief Judge of the Northern District of Illinois. The JPML noted in its April 8, 2022 Order that, “[b]y selecting Judge Rebecca R. Pallmeyer, we are selecting a seasoned jurist who is well-versed in the complexities of multidistrict litigation.  We are confident that Judge Pallmeyer will steer this litigation on a prudent course to resolution.”  We agree with the JPML.

Firm Partner C. Andrew Childers asked the JPML to consolidate this litigation in the Northern District of Illinois in his JPML Response Brief, as well as in his argument at the JPML’s March 31, 2022 hearing in New Orleans, LA.  Andy further asked the JPML to transfer the cases to a Judge with the ability to quickly move the MDL toward a resolution. We are confident that Chief Judge Pallmeyer is the right jurist to expeditiously move this litigation forward.

We are excited for the next phase of this important litigation, and for the opportunity to help so many preterm infants and families that have suffered from Necrotizing Enterocolitis (NEC) after ingesting Similac and/or Enfamil preterm infant formulas and/or fortifiers.

Per the JPML Order: “All actions can be expected to share factual questions arising from allegations that cow’s milk-based infant formula products marketed under the Similac and Enfamil brand names have a higher propensity to cause necrotizing enterocolitis (NEC) in infants born prematurely than other, allegedly safer alternatives.”

The newly formed MDL 3026 will encompass all federal court cases alleging that preterm infants developed NEC after ingesting preterm infant nutrition products manufactured by Defendants Abbott Laboratories and Abbott Laboratories, Inc., as well as Defendants Mead Johnson & Company, LLC, and Mead Johnson Nutrition Company.

A copy of the Order creating MDL 3026 can be found here.

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