Litigation Update March 31, 2026

NEC Bellwether Trials 2026: What These Trials Mean for Your Case

Second-wave bellwether trials are scheduled to begin in August 2026. These cases could set the tone for hundreds of pending NEC baby formula claims — and potentially drive manufacturers toward settlement.

Reviewed by NEC litigation attorneys
Updated March 2026
750+ pending federal cases

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:

1

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.

2

Second Bellwether Case

Also dismissed on summary judgment on similar grounds related to expert testimony.

3

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.

July 6, 2026 Federal — MDL 3026

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.

August 3, 2026 Federal — Second Wave

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.

November 2, 2026 Federal — Second Wave

Second Second-Wave Bellwether Trial

The second of three second-wave bellwether trials scheduled in MDL 3026.

February 1, 2027 Federal — Second Wave

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.

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