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Infant Formular Necrotizing Enterocolitis Litigation

  • Author:John Ray
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Infant Formular Necrotizing Enterocolitis Litigation

If you took a pass on the the Cronobacter/ Necrotizing Enterocolitis (NEC) litigation in 2022, you need to reconsider in 2023, I believe there is much more to come.

Attend our June 1-4 Mass Tort Success Course and discover why you need to be involved in this litigation.

Attorneys John Gomez, Elizabeth Zwibel and Josh Harris will present an update on the infant formula litigations for attendees of our June 1-4 Mass Tort Success Course in Fort Lauderdale, this team of exceptional trial lawyers have been involved in this litigation from the onset.

John Gomez
John Gomez, Attorney at Law
(thegomezfirm.com)
Elizabeth Zwibel
Elizabeth Zwibel, Attorney at Law
(thegomezfirm.com)

Joshua Harriz, Gomez Trial Attorneys
(thegomezfirm.com)

“When the news first broke in 2022, I believe many firms believed the Cronobacter/ Necrotizing Enterocolitis (NEC) related to infant formulas was an isolated matter arising from lapses in sterility protocols at certain manufacturing facilities. If this had been true, there would only be a small number of potential plaintiffs.

After the initial litigation was underway, further regulatory actions has made it apparent that the the Cronobacter/ Necrotizing Enterocolitis (NEC) may not arise from isolated lapses in sterility protocols but instead may be inherent to the design and ingredients of certain infant formular products.

Two MDLs have now been formed related to these products and I expect additional defendants to be added, possibly resulting in additional MDLs.

MDL-3037-Initial-Transfer-Order-7-22.pdf (uscourts.gov)

MDL-3026-Initial-Transfer-Order-3-22.pdf (uscourts.gov)

This reminds me of the IVC Filter and TVM litigations. Initially, many firms did not foresee these litigations expanding from a handful of products to all products across an entire class, resulting in multiple MDLs and tens of thousands of claims, but as we know, that is what happened.

"If you took a pass on the the Cronobacter/ Necrotizing Enterocolitis (NEC) litigation in 2022, you need to reconsider in 2023, I believe there is much more to come.” John Ray

See selected links to ongoing regulator investigations at the bottom of this article.

While the majority of claims will be against a small number of defendants that dominated the market (similar to IVC and TVM), there are likely to be a significant number of cases against smaller makers and labelers of these products, some of whom may yet to have been named in a complaint.

Infant Formula Market Share

Bottom Line

It is not too late to get involved in this litigation, it is not even close to being too late.

You can get up to speed quickly by attending our June 1-4 course in Fort Lauderdale, so register today.

It’s not like we are asking you to go to Siberia in the winter, it's Fort Lauderdale!

Status Update on FDA’s Infant Formula Response Activities | FDA

FDA Investigation of Cronobacter Infections: Powdered Infant Formula (February 2022) | FDA

Cronobacter Infection and Infants | Cronobacter Infection and Infants | CDC

Cronobacter Illnesses Linked to Powdered Infant Formula | CDC

Infant Formula Feeding and Necrotizing Enterocolitis in Newborns - Full Text View - ClinicalTrials.gov

Cronobacter Infection and Infants | Cronobacter Infection and Infants | CDC

Status Update on FDA’s Infant Formula Response Activities - March 2023



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