Jury rejects claims Mead Johnson’s infant formula caused fatal NEC

Mead Johnson infant formula lawsuit overview:

• Who: An Illinois federal jury sided with Mead Johnson in a trial over claims its infant formula caused a premature baby to develop a fatal disease.
• Why: The jury determined Mead Johnson was not liable for failing to warn about the risks of its infant formula.
• Where: The verdict was reached in Illinois federal court.
• How to get help: If your premature infant was fed cow’s-milk-based formula, such as Similac or Enfamil, and was later diagnosed with necrotizing enterocolitis (NEC), you may be eligible to file a baby formula lawsuit.

A federal jury in Illinois sided with Mead Johnson in the first bellwether trial over allegations that its infant formula caused a premature baby to develop the fatal intestinal disease necrotizing enterocolitis.

The jury rejected claims that Mead Johnson was liable for selling a defective product and failing to adequately warn doctors about the associated risks, Law360 reports. Jurors reached their verdict after roughly five hours of deliberation following a two-week trial in Chicago.

Plaintiff Alexis Inman alleged Mead Johnson failed to adequately warn healthcare providers that its Enfamil premature formula could cause her son, Daniel Windley, to develop necrotizing enterocolitis, a serious condition that causes intestinal tissue to die.

Mead Johnson claimed that the child’s extreme prematurity and other medical complications, rather than its products, caused his illness and death.

The company argued that while human breast milk may have protective properties against NEC, there is no evidence that its formula causes the disease. It also contended that the child was transitioned from donor breast milk to formula after he failed to grow adequately while receiving human milk.

Inman’s attorneys argued that Mead Johnson could easily have added a warning acknowledging the increased risk of NEC for premature infants who consume its formula, but claimed the company declined to do so to protect its profits.

Mead Johnson infant formula trial was first of four bellwether trials

The Mead Johnson infant formula trial began on Aug. 17 and was the first to reach a jury in multidistrict litigation (MDL) in Chicago federal court. 

The MDL consolidates more than 800 lawsuits alleging that infant formulas manufactured or sold by Mead Johnson or Abbott Laboratories caused or contributed to the development of NEC in infants.

Inman’s case was selected alongside three other bellwether trials targeting Abbott infant formulas. However, U.S. District Judge Rebecca Pallmeyer handed Abbott pretrial victories by dismissing all three of those cases before trial.

Earlier this year, an Illinois jury found baby formula manufacturer Abbott liable in similar lawsuits alleging its Similac Special Care 24 formula contributed to necrotizing enterocolitis.

What do you think of the jury’s verdict in the Mead Johnson infant formula trial? Let us know in the comments.

The plaintiff is represented by Jose Rojas and Stephen M. Reck of Levin Rojas Camassar & Reck LLC and Diandra S. Debrosse of DiCello Levitt.

The Mead Johnson infant formula lawsuit is Inman, et al. v. Mead Johnson & Co. LLC, et al., Case No. 1:22-cv-03737, in the U.S. District Court for the Northern District of Illinois.

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