Mead Johnson Wins Latest Baby Formula NEC Lawsuit Trial
Mead Johnson has prevailed in the latest trial involving Enfamil cow’s milk baby formula for premature infants. On Thursday, a Missouri jury determined the company was not responsible for an infant’s necrotizing enterocolitis (NEC), which left the child with permanent health issues. Hundreds of baby formula lawsuits have claimed that certain formulas cause this condition when fed to premature infants.
That decision continues a rough stretch for plaintiffs who have filed baby formula lawsuits. Last month, an Illinois appeals court overturned a $60 million verdict against Mead Johnson in a previous Enfamil trial.
Similar lawsuits have also been filed involving Abbott’s Similac. In April, an Illinois jury ordered Abbott to pay $70 million in a case involving four families.
First Federal Mead Johnson NEC Trial Approaching
While last week’s loss took place in state court, the baby formula lawsuits are also advancing at the federal level.
More than 800 lawsuits involving both Abbott and Mead Johnson have been grouped together in multidistrict litigation (MDL). This places all of those cases before one judge for coordinated legal proceedings.
Part of the MDL process involves holding bellwether trials, which serve as test cases to help both sides learn more about the overall strength of the litigation. A win for plaintiffs in a bellwether trial can influence settlement negotiations for hundreds of other cases.
So far, plaintiffs in the MDL have struggled. All three bellwether trials in the MDL involving Abbott were dismissed on summary judgment, meaning the judge ruled they were not strong enough to advance to trial.
Next month, the first federal bellwether involving Mead Johnson is set to go before a jury. That case has already survived summary judgment, so it is clear to move forward.
It will be closely watched, as its outcome could influence many other lawsuits involving Enfamil.