Mead Johnson baby formula trial overview:
- Who: A federal trial has begun against Mead Johnson & Co.
- Why: Mead Johnson is facing claims that its baby formula product Enfamil Premature causes a serious abdominal condition in premature infants.
- Where: The Mead Johnson baby formula trial is taking place in Illinois federal court.
- How to get help: If your premature infant consumed cow’s milk-based Similac or Enfamil formula and was later diagnosed with necrotizing enterocolitis (NEC), your family may be eligible to pursue a baby formula lawsuit.
A federal jury trial began in Illinois over claims that premature infants developed a serious abdominal condition after consuming Mead Johnson’s baby formula.
Plaintiff Alexis Inman claims Mead Johnson failed to warn her or her healthcare providers that Enfamil Premature formula could cause her son to suffer from necrotizing enterocolitis, a serious and often fatal condition.
Inman’s son Daniel died from NEC-related shock in 2020 after a week of exclusive Enfamil feedings, according to court filings.
Inman’s case was selected alongside three cases against Abbott Laboratories as the initial bellwether trials in the federal multidistrict litigation. It is the first of those federal bellwether cases to reach a jury.
Mead Johnson failed to dismiss baby formula lawsuit
Mead Johnson was unsuccessful in convincing U.S. District Judge Rebecca Pallmeyer that a June U.S. Supreme Court decision preempted Inman’s claims and warranted dismissal of the lawsuit altogether, Law360 reports.
The high court’s ruling in Monsanto v. Durnell said the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) preempted failure-to-warn claims based on a product’s label when the U.S. Environmental Protection Agency has not required the warning.
Mead Johnson attempted to argue that Inman’s defective design claims are preempted by the Infant Formula Act, however, FIFRA includes an express preemption clause, while the Infant Formula Act does not, Pallmeyer said, according to Law360.
Inman’s case is one of hundreds claiming infant formula manufactured and sold by Mead Johnson and Abbott Laboratories caused or contributed to babies developing NEC — not just in the federal multidistrict litigation, but in state courts throughout the country.
Some of the state court cases have made it to trial, with mixed results, Law360 reports.
A Missouri jury awarded $95 million in compensatory damages and $400 million in punitive damages over bellwether claims that Abbott’s baby formula caused a premature baby to suffer NEC, while a Cook County jury in April sided with four mothers bringing claims against Abbott, awarding $53 million in compensatory damages and $17 million in punitive damages.
Abbott and Mead Johnson were cleared of liability in the companies’ first joint trial over claims their baby formula caused the serious gut condition in preterm infants, but a judge later vacated that verdict and ordered a new trial, Law360 reports.
A Mead Johnson spokesperson told Law360 the company remains “confident in our position based on the facts and the science and look forward to presenting our case at trial.”
Should Mead Johnson be held liable for claims it failed to warn about NEC? 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 LLP.
The Mead Johnson baby formula lawsuit is Inman, et al. v. Mead Johnson & Co. LLC, et al., Case No. 1:22-cv-03737, and the MDL is In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, Case No. 1:22-cv-00071, both in the U.S. District Court for the Northern District of Illinois.
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