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shakespeare47
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Member Since: Jul 2014
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Default Sep 20, 2022 at 08:02 AM
 
So many parents started coming forward with lawsuits against the manufacturers of the formulas (Enfamill and Similac), that the courts now require all lawsuits to be combined and go through a district court in Illinois. Here are the latest updates -

Quote:
September 1, 2022 Update: Lawyers in the NEC infant formula class action lawyers have turned their eyes to the plan to choose which NEC lawsuits go to trial first. The MDL judge now has a draft plan outlining a process for the selection of a pool of 12 cases for the opening round of bellwether test trials.

The lawyers will submit a list of 12 NEC lawsuits that could potentially be fully prepared for trial. This would involve even numbers of cases involving both Abbott and Mead Johnson together or as sole defendants. Once these 12 cases are selected, they will go through pretrial discovery, interrogatories, depositions, etc. After discovery is completed, each side will pick two NEC lawsuits out of the group of 12 for a total of four initial bellwether trials.

September 16, 2022 Update: The judge in the formula NEC class action lawsuit issued a significant order last week establishing the schedule and protocol for the selection of bellwether test cases.

First, a pool of 12 “bellwether discovery cases” will be selected. The plaintiffs will pick four of the cases. The defendants will also select four cases. The Court will randomly select the remaining four cases for this pool. This selection process will complete by November 23.

These 12 cases will then go through a short fact discovery phase. Once this discovery is completed, four of the 12 cases will be picked for the initial bellwether test trials. The plaintiffs will pick two and the defendants will pick two. The four bellwether trials will then be held 12 weeks apart, alternating between cases selected by the plaintiffs and the defendants.

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Last edited by shakespeare47; Sep 20, 2022 at 08:43 AM..
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Thanks for this!
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