What Are Bellwether Trials — and Why Do They Matter?
When hundreds or thousands of lawsuits involve similar facts, courts use a process called multidistrict litigation (MDL) to manage them efficiently. Within an MDL, a small number of cases are selected as “bellwethers” — representative cases that go to trial first.
The results of bellwether trials serve multiple purposes. They test the strength of both sides’ evidence. They reveal how juries respond to the key arguments. And most importantly, they set the stage for settlement negotiations across the broader litigation.
A strong plaintiff verdict in a bellwether trial can push manufacturers to the negotiating table. A defense win can embolden them to resist. That is why the upcoming NEC bellwether trials are among the most important developments in this litigation.
Key Point
All NEC baby formula lawsuits filed in federal court are consolidated in MDL No. 3026, overseen by Judge Rebecca R. Pallmeyer in the U.S. District Court for the Northern District of Illinois. There are currently more than 750 cases pending.
What Happened With the First Wave of Bellwether Trials
The first wave of bellwether trials in MDL 3026 did not go as plaintiffs hoped in federal court. All three cases were dismissed on summary judgment before reaching a jury. Here is what happened:
First Bellwether Case
Dismissed on summary judgment. The court excluded certain plaintiff expert testimony on general causation, finding it did not meet the required standard. Without this testimony, the plaintiff could not prove that formula caused NEC in this particular case.
Second Bellwether Case
Also dismissed on summary judgment on similar grounds related to expert testimony.
Third Bellwether Case (October 2025)
On October 27, 2025, Judge Pallmeyer granted summary judgment to Abbott Laboratories, marking the third consecutive dismissal in the MDL. This case also involved challenges to expert testimony on causation.
Why State Court Results Tell a Different Story
While the federal MDL has been challenging for plaintiffs, state court juries have consistently sided with families. Missouri, Illinois, and Connecticut juries have awarded a combined $587 million in NEC verdicts, including a $495 million verdict against Abbott (Similac) and a $60 million verdict against Mead Johnson (Enfamil). These state court wins show that when NEC cases reach a jury, families can prevail.
2026–2027 NEC Trial Schedule
Despite the first-wave setbacks, the litigation is moving forward. The court has ordered a second wave of bellwether trials, and additional cases are set in both federal and state courts.
Inman v. Mead Johnson & Company
The first federal NEC trial involving Enfamil products. This case was originally scheduled for February 2026 but was rescheduled. It is one of the remaining first-wave bellwether cases and could be the first NEC case to actually reach a federal jury.
First Second-Wave Bellwether Trial
The first trial from the newly selected second wave of bellwether cases. These cases involve severe NEC injuries and wrongful death claims, primarily against Abbott Laboratories (Similac). The second-wave cases were selected with lessons learned from the first wave in mind.
Second Second-Wave Bellwether Trial
The second of three second-wave bellwether trials scheduled in MDL 3026.
Third Second-Wave Bellwether Trial
The final currently scheduled bellwether trial in the second wave.
State Court NEC Verdicts: The Wins That Matter
While the federal MDL works through bellwether selection, state courts have delivered landmark verdicts. These results demonstrate that juries believe the evidence linking formula to NEC — and they are willing to hold manufacturers accountable.
$495M
Missouri — July 2024
Against Abbott (Similac). Included $400M in punitive damages. Defense verdict later overturned on appeal, March 2025.
$60M
Illinois — November 2024
Against Mead Johnson (Enfamil). The first Enfamil verdict in the NEC litigation.
$32M
Connecticut — May 2024
Against hospital for failure to use breast milk and negligent NICU feeding practices.
Each case is unique. Past results do not guarantee future outcomes.
What the Second Wave Means for Your Case
The second-wave bellwether cases were selected using a new protocol that accounts for the challenges of the first wave. Key differences include:
Stronger Cases Selected
The second wave focuses on severe NEC injuries and wrongful death claims with stronger factual records and clearer product identification.
Refined Expert Testimony
Plaintiffs’ attorneys have refined their expert witness strategy based on the court’s rulings in the first wave, addressing the causation standard issues head-on.
State Court Momentum
State court verdicts totaling over $587 million prove that the science supports these claims. That momentum strengthens the entire litigation.
Settlement Pressure
Every plaintiff verdict increases pressure on Abbott and Mead Johnson to negotiate a global settlement rather than face continued trial exposure.
No Global Settlement Yet
As of March 2026, there is no global settlement in the NEC baby formula litigation. Neither Abbott nor Mead Johnson has offered a comprehensive settlement to resolve all pending claims. The upcoming bellwether trial results will heavily influence whether and when settlement negotiations begin in earnest.
Why Filing Now Matters
You do not need to wait for bellwether trial results to protect your family’s rights. In fact, waiting could put your claim at risk.
Statutes of Limitations Apply
Every state has a deadline for filing a lawsuit. If you miss it, you lose the right to pursue compensation — regardless of how strong your case is.
Evidence Can Disappear
Medical records, NICU feeding logs, product receipts, and hospital documentation become harder to obtain over time. Filing early allows your attorney to preserve critical evidence.
Position Your Case for Settlement
Cases that are already filed and well-developed are better positioned when settlement negotiations begin. If a global settlement is offered, you need an active case to participate.
Frequently Asked Questions
Bellwether trials are a small number of representative cases selected to go to trial first in a multidistrict litigation (MDL). They help both sides — and the judge — understand how juries are likely to decide key issues. The results often shape settlement negotiations for the remaining cases.
The Inman v. Mead Johnson trial is set for July 6, 2026. The second-wave bellwether trials are scheduled for August 3, 2026, November 2, 2026, and February 1, 2027.
The first three bellwether cases were dismissed on summary judgment after the court excluded certain expert testimony on causation. This does not mean NEC cases are weak — state court juries have awarded over $587 million in verdicts. Plaintiffs’ attorneys have refined their expert strategy for the second wave.
No. You should not wait. Statutes of limitations may bar your claim if you delay. Filing now ensures your case is prepared and positioned for any future settlement or trial. Your attorney will build your case while the bellwether process plays out.
Yes. Bellwether outcomes significantly influence settlement negotiations. A strong plaintiff verdict increases pressure on manufacturers to settle broadly. The upcoming second-wave trials — combined with the existing state court verdicts — are expected to be pivotal in shaping the direction of the entire litigation.
Don’t Wait for Trial Results to Protect Your Rights
If your baby developed NEC in the NICU, you may qualify for significant compensation. Our attorneys can evaluate your case today — at no cost and with no obligation.
No Fees Unless We Recover Money for You. Free & confidential consultation.