NEC Baby Formula (Similac/Enfamil) Lawsuit in Michigan

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 (MI): 3 years from NEC diagnosis for products liability (M.C.L. § 600.5805(13)); Michigan's discovery rule tolls limitations from the date plaintiffs knew or should have known of the causal link to cow's milk-based formula. Wrongful death: 3 years from death (M.C.L. § 600.5805(10)).

Federal Transfer to MDL 3026: Michigan cases filed in state circuit court may be removed to the Eastern or Western District of Michigan and transferred by the JPML to MDL 3026 in Chicago. Michigan's proximity to Chicago (3–4 hours) makes MDL participation logistically accessible for Michigan-based counsel and plaintiffs.

NICU Volume & Premature Birth Data (MI): Michigan records approximately 12,000–14,000 premature births per year, with a preterm rate near 10.4%. Major NICUs include C.S. Mott Children's Hospital at University of Michigan (Ann Arbor — a leading Level IV NICU), Detroit Medical Center's Children's Hospital of Michigan, Spectrum Health Helen DeVos Children's Hospital (Grand Rapids), and Beaumont Hospital (Royal Oak). Detroit-area NICU populations include high proportions of low-income and minority infants with elevated preterm birth risk.