Manufacturer of Baby Formula Ordered to Pay $60 Million

Thousands of parents have sued both Mead Johnson and Abbott for defects in their formula. In a recent landmark jury verdict, Mead Johnson, the baby formula manufacturer who makes Enfamil, including Enfamil Premature Nutrition Products, was recently found liable for placing premature infants at greater risk for deadly diseases. Along with Abbott, it had denied that the Enfamil products caused NEC or the risk of it in premature infants and denied that there is a link between NEC and cow’s milk formula.  The jury in this case awarded the plaintiff mother $60 million—$35 million more than what was requested. If your baby was harmed by Mead Johnson formula, call the seasoned Chicago-based product liability lawyers of Moll Law Group.

Consult Moll Law Group About Your Baby Formula Lawsuit

The litigation was pursued partly to alter the way preemies in the NICU are fed. The formula believed to cause NEC that was the subject of the trial was made using cow’s milk. 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 jury found that the manufacturer had not done enough to provide warnings to parents of increased odds of these infants suffering a deadly disease because they were given Mead Johnson’s formula Necrotizing Enterocolitis or NEC.

The case against Mead Johnson was brought by a mother who’d lost one of her twin preemies; it was made part of a multidistrict litigation. Over 330 lawsuits were filed around the country regarding the formula at issue. The trial started on February 20 and lasted four weeks. At closing arguments, the mother’s attorney called upon jurors to make the right decision after hearing from a dozen expert neonatologists, all of whom agreed that while the research about the formula was inclusive, using the formula increased the risk of NEC. It was also argued on closing that the company doesn’t warn pediatricians and parents about how serious the dangers are on its packaging or its marketing to doctors.

The jury reached a verdict after less than 2 hours of deliberations.

Mead Johnson provided a report disagreeing with the jury’s decision. The company stated that it didn’t believe that science or experts were on the side of the plaintiffs’ claims. It asserted that it is considering appeal, among other options. Abbott who was not sued in this particular lawsuit also issued a statement claiming that the plaintiffs’ allegation were not meritorious, and that the medical community regarded the products as part of the standard of care for preemies.

Studies accumulating over decades show that premature infants who are fed with formula based on cow’s milk are more likely to suffer NEC. When a child is injured due to a defective product, it can be appropriate to sue the manufacturer for damages. In a product liability lawsuit, manufacturing, design, or marketing defects will need to be proven. Our lawyers may be able to pursue damages under theories of strict liability, negligence, breach of warranty, and breach of contract.

Call the seasoned Chicago-based product liability lawyers of Moll Law Group to discuss your baby formula claim. We represent injured babies and their families across the country, and billions have been recovered in lawsuits with which we’ve been involved. Complete our online form or call us at 312.462.1700.