NEC Baby Formula (Similac/Enfamil) Lawsuit in Ohio

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 (OH): 2 years from NEC diagnosis (Ohio Rev. Code § 2305.10); the discovery rule tolls limitations from the date parents discovered or should have discovered the causal link between the preterm formula and the infant's NEC. Wrongful death: 2 years from death (Ohio Rev. Code § 2125.02).

Federal Transfer to MDL 3026: Ohio claims filed in state common pleas courts may be removed to the Northern or Southern District of Ohio and then transferred by the JPML to MDL 3026 in Chicago. Ohio plaintiffs' proximity to Chicago (~5–6 hours) facilitates participation in MDL case management conferences and bellwether proceedings.

NICU Volume & Premature Birth Data (OH): Ohio records approximately 15,000–17,000 premature births annually, with a preterm rate near 10.8% — above the national average. Major NICUs include Nationwide Children's Hospital (Columbus — a top-10 NICU by volume nationally), Cincinnati Children's Hospital Medical Center, Cleveland Clinic Children's, and Rainbow Babies & Children's Hospital (Cleveland). Ohio's concentration of large academic medical NICUs means significant exposure of premature infants to defendant formulas.