First Federal NEC Baby Formula Bellwether Trial Begins Against Mead Johnson

“This bellwether trial is a pivotal moment that brings the devastated families and premature babies affected by NEC a step closer to justice,” said Sara Papantonio of Levin Papantonio, a law firm representing plaintiffs in the litigation.

The trial comes amid growing legal scrutiny of Mead Johnson and its parent company, British consumer-products company Reckitt, over claims involving its premature infant nutrition products.

First Federal NEC Bellwether Case Reaches a Jury

Inman’s lawsuit was selected as one of four initial bellwether cases from the hundreds of claims consolidated in the federal NEC litigation in the U.S. District Court for the Northern District of Illinois.

Bellwether trials are used in large-scale litigation to test evidence and legal arguments before juries. Although the outcome does not determine what will happen in other cases, bellwether verdicts can provide important insight into how juries may evaluate similar claims and can influence the direction of the broader litigation.

Inman alleges that Mead Johnson failed to adequately warn parents and healthcare providers about the alleged risk of NEC associated with its premature infant formula.

According to court filings, Daniel was born prematurely, weighing approximately 670 grams, or just under 1.5 pounds. He was initially fed primarily fortified breast milk. His feeding regimen later changed to include donor milk and Enfamil Premature before he was switched exclusively to Enfamil.

He subsequently developed NEC and died from NEC-related shock.

Mead Johnson denies that its products caused Daniel’s injuries and disputes allegations that its premature infant nutrition products cause NEC.

What Is Necrotizing Enterocolitis?

NEC is a serious gastrointestinal disease that primarily affects premature and medically vulnerable infants.

The condition causes intestinal tissue to become inflamed and, in severe cases, die. NEC can lead to intestinal perforation, severe infection, surgery, organ failure, and death.

Families pursuing lawsuits against Mead Johnson and Abbott Laboratories allege that cow’s-milk-based premature infant formulas and fortifiers, including products marketed under the Enfamil and Similac brands, can increase the risk of NEC in premature babies.

The lawsuits further allege that manufacturers failed to warn parents and medical providers about those alleged risks adequately.

Both companies have disputed the allegations.

Mead Johnson Fails to Stop Inman Case From Going to Trial

Mead Johnson sought to have Inman’s case dismissed before trial, including by arguing that federal regulation of infant formula preempted her state-law claims.

The company relied in part on the U.S. Supreme Court’s recent decision in Monsanto v. Durnell. U.S. District Judge Rebecca R. Pallmeyer rejected the argument, distinguishing the federal law governing infant formula from the pesticide statute considered by the Supreme Court.

Judge Pallmeyer also granted Mead Johnson’s request to divide the trial into separate phases for liability and potential punitive damages.

The jury will first determine whether Mead Johnson is liable for Inman’s claims. Punitive damages would be considered separately if the case reaches that stage.

NEC Baby Formula Litigation Has Produced Major Verdicts and Appeals

In March 2024, an Illinois jury returned a $60 million verdict against Mead Johnson in a case involving the death of a premature infant. That verdict was subsequently overturned on appeal, with the appellate court concluding that the jury should not have heard certain evidence concerning Mead Johnson’s finances.

Other NEC cases have resulted in significant verdicts against formula manufacturers, while some juries have sided with the companies.

The litigation saw another significant development days before the Inman trial when a Missouri appeals court upheld an order requiring Abbott Laboratories and Mead Johnson to face a new trial in a separate NEC baby formula case.

A jury had originally cleared the companies of liability, but the trial judge later vacated that verdict and ordered a retrial after finding that the defense had repeatedly presented selected evidence and information despite prior court rulings limiting what could be put before the jury. The court determined that this allowed the jury to hear information it should not have considered when evaluating the families’ claims. The Missouri appellate court upheld the order for a new trial, meaning Abbott and Mead Johnson must again defend those claims before a jury.

The decision adds another important chapter to the NEC litigation as families continue seeking the opportunity to have their claims heard fairly. Together, the state-court trials, appeals, and now the first federal bellwether demonstrate how consequential the litigation remains for families affected by NEC nationwide.

Why the Bellwether Trial Matters

Inman’s case is particularly significant because three other cases originally selected for the federal bellwether process involved Abbott Laboratories and did not reach juries.

Inman’s case survived pretrial challenges, making it the first federal NEC bellwether to proceed to trial.

Its outcome will not determine the results of the hundreds of other cases in the MDL, but it could provide an important backbone for the litigation moving forward. As the first federal NEC bellwether to reach a jury, the trial offers critical insight into how the evidence and families’ claims may be evaluated in future cases.

For families who have spent years seeking answers and accountability for devastating injuries and losses, the trial represents an important step forward. What is learned in this courtroom could help shape future trials, strengthen the path forward for other families, and bring those affected by NEC closer to having their individual stories heard and to pursuing justice.

Levin Papantonio’s Leadership in the NEC Baby Formula Litigation

Levin Papantonio has been actively involved in pursuing claims on behalf of families who allege that cow’s-milk-based infant formula contributed to their premature babies developing NEC.

Attorney Andy Childers serves as Plaintiffs’ Co-Lead Counsel in the federal Preterm Infant Nutrition Products Liability Litigation, helping lead the nationwide litigation involving claims against Mead Johnson and Abbott Laboratories.

Sara Papantonio is also among the Levin Papantonio attorneys representing families affected by NEC.

The Inman bellwether is the latest major development in litigation unfolding in federal and state courts nationwide. Its outcome could provide an important indication of what comes next as hundreds of families continue pursuing claims concerning premature infant formula and NEC.

The individual case is Inman et al. v. Mead Johnson & Co. LLC et al., No. 1:22-cv-03737, and the federal proceeding is In re: Abbott Laboratories et al., Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026, No. 1:22-cv-00071, in the U.S. District Court for the Northern District of Illinois.

Sources: Law360; The Mail on Sunday/This Is Money