By: Eddie Ruiz
U.S. District Judge Rebecca R. Pallmeyer has warned the parties in the federal preterm infant nutrition products multidistrict litigation (MDL No. 3026) that she will not conduct another bellwether trial in the Northern District of Illinois unless most fact witnesses appear live in court.
The warning came shortly before the start of the Inman bellwether trial, when the court learned that the “overwhelming majority” of witnesses would testify through prerecorded deposition designations rather than in person. Judge Pallmeyer said the arrangement was disappointing, noting that jurors are required to attend trial in person and may question why witnesses are not held to the same standard. She also expressed concern that ruling on evidentiary objections is less effective when based on a “cold” record rather than live testimony.
NEC Infant Formula Litigation Centers on Abbott and Mead Johnson
The litigation centers on claims involving preterm infant nutrition products manufactured by Abbott Laboratories and Mead Johnson. The MDL is pending before Judge Pallmeyer in Chicago, although the Inman case originated in the Southern District of Indiana, Mead Johnson’s home district.
Why Live Testimony Matters for Future Bellwether Trials
In her order, Judge Pallmeyer acknowledged that many witnesses are outside the court’s subpoena power but suggested that Mead Johnson could require employee witnesses to appear live and that the parties have other mechanisms available to encourage in-person testimony.
The court characterized the situation as partly a consequence of the MDL bellwether process, where cases are transferred from other jurisdictions for coordinated pretrial proceedings. However, Judge Pallmeyer emphasized that future bellwether trials in Chicago will require assurances that a majority of fact witnesses will testify live. If pending bellwether candidates cannot satisfy that requirement, she directed the parties to promptly consider alternative cases for trial.
What the Order Could Mean for Future NEC Bellwether Cases
The order could influence future trial selection and litigation strategy in the NEC infant formula MDL as the parties prepare additional bellwether cases.
The Carlson Law Firm represents families in product liability cases involving NEC and certain preterm infant nutrition products. If your child developed necrotizing enterocolitis after receiving certain infant formula or human milk fortifier products, speaking with an attorney can help you understand your legal options and determine whether you may have a claim.
