Judge Wipes Out Only Win for Baby Formula Manufacturers in NEC Litigation
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A St. Louis judge has wiped out formula manufacturers’ only trial win among the ongoing baby formula NEC lawsuits.
Judge Michael Noble, who oversaw the October trial that Abbott Laboratories and Mead Johnson won, ordered that a new trial be held. This trial was about whether the companies had failed to warn of the potential risk of necrotizing enterocolitis (NEC), a serious intestinal issue, when their formulas are fed to premature infants.
According to Reuters, the judge ordered a new trial because the formula manufacturers’ defense team engaged in “misconduct” in court. This misconduct was significant enough to potentially influence the jury’s final decision.
Bloomberg reported that Judge Noble sanctioned, meaning penalized, a member of the defense team during the trial. They were barred from making arguments because Judge Noble determined they were attempting to prejudice the jury and force a mistrial.
Abbott and Mead Johnson plan to appeal the judge’s order.
“This decision is at complete odds with the law and the facts,” Mead Johnson said in a statement. “… The unanimous jury verdict in October supports our view that we have the science, the law, and the facts on our side.”
Formula Makers Now Without a Court Win as Bellwethers Near
The judge’s decision was a major blow for Abbott and Mead Johnson. Currently, the companies face hundreds of active lawsuits over claims that some of their formulas are tied to the development of NEC.
The companies had already been ordered to pay major verdicts in past trials, with juries awarding $60 million and $495 million in separate trials last year.
The October case, which named both companies as defendants, had marked a potential turning point in the litigation because it was the first trial the defendants won.
But with the judge’s decision to order a retrial, Abbott and Mead Johnson now have no victories among the pending lawsuits at a critical juncture. The first federal bellwether trial is set to begin in early May.
Bellwether trials serve as test cases. Their outcomes help inform both sides of what may happen if more cases go to trial.
Baby formula bellwether trials are set for May, August, November and February.
Lawsuits Center on Claims That Some Baby Formulas Are Tied to NEC
Nearly 700 baby formula lawsuits are currently pending in federal court over claims that some formulas are linked to the development of NEC in infants.
According to Johns Hopkins, NEC is the death of intestinal tissue. This condition can be very serious, as it may cause a hole in the intestine. This hole can leak bacteria into other parts of the infant’s body, leading to deadly infections.
The mortality rate of NEC may be as high as 50%, with it mainly affecting premature infants.
Research has suggested that formula feeding may be connected to NEC. A 2017 study noted that formula feeding may significantly increase the risk of NEC.
Lawsuits include stories of premature infants who were fed formula, developed NEC and suffered severe, permanent health issues or died.
Editor Lindsay Donaldson contributed to this article.
