NEC Baby Formula (Similac/Enfamil) Lawsuit in Georgia

MDL 3026 — In re Preterm Infant Nutrition Products Liability Litigation — is pending in the Northern District of Illinois before Chief Judge Rebecca R. Pallmeyer in Chicago. The MDL consolidates claims alleging that Mead Johnson's Enfamil Premature and Abbott's Similac Special Care — both cow's milk-based preterm infant formulas — cause necrotizing enterocolitis (NEC) when fed to premature infants, despite the American Academy of Pediatrics' longstanding recommendation that preterm infants receive exclusive human breast milk. NEC carries a 15–30% mortality rate and causes severe intestinal destruction in surviving infants. More than 30,000 cases are pending in the MDL as of early 2026.

Statute of Limitations (GA): 2 years from NEC diagnosis (O.C.G.A. § 9-3-33); Georgia's discovery rule applies — limitations run from the date plaintiffs discovered or reasonably should have discovered the causal connection. Wrongful death: 2 years from death (O.C.G.A. § 51-4-2).

Federal Transfer to MDL 3026: Georgia cases filed in state superior court may be removed to the Northern or Middle District of Georgia and transferred by the JPML to MDL 3026 in N.D. Illinois. Atlanta-area NICU volume and Georgia's above-average preterm birth rate position GA among the more active state cohorts in the MDL.

NICU Volume & Premature Birth Data (GA): Georgia records approximately 15,000–17,000 premature births per year, with a premature birth rate near 11.2% — among the higher rates in the Southeast. Key NICUs include Children's Healthcare of Atlanta (Egleston and Scottish Rite campuses), Grady Memorial Hospital (Atlanta), Augusta University Medical Center, and Navicent Health (Macon). Georgia's elevated preterm birth rate, concentrated in under-resourced communities, correlates with higher rates of cow's milk-based formula use in NICUs.