Pediatric Pearls. $60M Jury Decision Against Mead Johnson: Infant Formula and NEC

March 19, 2024

Thanks to Anne Eglash at the IABLE Member Listserv for calling attention to this verdict. This is stunning and I agree with Anne, that there will be more to come.

$60M Jury Decision Against Mead Johnson: Infant Formula and NEC

Baby formula manufacturer ordered to pay $60M to parents after they were found liable for putting preemies at increased deadly disease risk

The massive lawsuit is part of an effort to change the way preemies are fed in NICUs worldwide.

Author: Christine Byers (KSDK), Jennifer Somers, Hunter Bessler

5 On Your Side (KSDK)

Published: March 13, 2024

Link to story

St. Clair County, Ill. – A St. Clair County jury reached a verdict Wednesday (March 13, 2024) in a landmark case that could change the way preemies are fed in NICUs nationwide.

The jury found formula manufacturing giant Mead Johnson liable and awarded the plaintiffs $60 million - $35 million more than plaintiff’s attorneys were asking.

The company was accused of not doing enough to warn parents about the increased risk of a deadly disease in premature babies given their formula called Necrotizing Enterocolitis, or NEC, for short.

The trial involving a Fairview Heights mother who lost one of her twin premature babies is the first of hundreds of similar case cases that are part of multidistrict litigation. The I-Team found more than 3330 lawsuits filed nationally on the topic.

This trial began February 20.

In closing arguments Wednesday, attorney Phyllis Jones reminded jurors they heard from a dozen neonatologists – some who testified on behalf of the defense and for the plaintiffs. All of them agreed that the research is inconclusive when it comes to stating cow’s milk-based formula causes NEC, only that it increases the risk.

Attorney Sean Grimsley countered that all of the neonatologists agreed formula increases the risk, but were inconsistent on their understanding of how great the risk is.

He noted at least three of them called the risk only “slight,” when some studies show premature babies who get cow’s milk formula are five times more likely to get NEC than those who get human milk only. And that’s because Mean Johnson doesn’t warn doctors of parents about how high the risks are on its packaging or communications with doctors, he said.

After nearly four weeks of testimony, the jury deliberated for less than two hours Wednesday before delivering its verdict.

Attorneys from all over the country packed the courtroom, and several watched from an overflow room.

Mead Johnson sent the following statement to 5 On Your Side following the verdict:

“Mead Johnson products provide lifesaving nutrition options to health care professionals caring for premature infants so we are, of course, surprised and deeply disappointed with the verdict. While we continue to offer our deepest condolences to Ms. Watson, we strongly disagree with the jury’s decision to fault Mead Johnson and award damages. We continue to believe that the allegations from the plaintiff’s lawyers in this case were not supported by the science or experts in the medical community. We are considering all of our options, including appeal.”

The lawsuit was part of a series of other lawsuits against Mead Johnson and Abbott, another formula manufacturing giant. Thousands of parents have sued the two companies, hoping to change the way premature infants are fed in NICUs.

The verdict delivered Wednesday was against Mean Johnson, as Abbott was not named in the lawsuit.

Study after study shows premature babies fed with cow’s milk-based formulas – as almost every formula is – are more likely to get NEC. The formula companies argued thoe studies have limitations, but the research goes back decades.

Abbott sent a statement which read: “Abbott has spent decades researching, developing, testing and producing formulas and fortifiers for premature infants, and countless infants have benefited tremendously from these products. These allegations are without merit, advancing a theory promoted by plaintiffs’ lawyers rather than the medical community, which considers these products part of the standard of care for premature infants.”

In court filings responding to the lawsuits, Mead Johnson has written: “Mead Johnson denies that Enfamil products cause NEC or increase risks of NEC in infants.”

The company also wrote, “Mead Johnson expressly denies that the medical and scientific community has confirmed any link between NEC and any infant nutritional products containing cow’s milk, including but not limited to Enfamil Premature Nutrition Products.”