Chicago, Illinois – A jury has awarded $60 million to a mother whose premature baby died after developing necrotizing enterocolitis (NEC) following the consumption of Enfamil formula. The grieving mother, Watson, argued that Mead Johnson, the manufacturer of Enfamil, failed to warn her or her doctors about the increased risk of NEC associated with the product. Watson’s lawyers presented evidence of long-standing studies and expert warnings linking cow’s milk-based infant formula, such as Enfamil and Abbott’s Similac, to a higher likelihood of NEC.
The jury not only found in favor of Watson swiftly but also granted a $25 million higher reward than she initially sought. Mead Johnson is now considering whether to challenge the verdict in court.
Currently, numerous Similac NEC lawsuits and Enfamil NEC lawsuits are pending in the federal court system. These cases have been consolidated before U.S. District Judge Rebecca R. Pallmeyer as part of multidistrict litigation (MDL). More than 400 complaints have been centralized before Judge Pallmeyer, all raising similar claims against the manufacturers. These claims contend that premature babies in neonatal intensive care units (NICUs) developed NEC shortly after being fed cow’s milk-based infant formula, often leading to fatal injuries or the need for emergency surgery.
Families involved in the lawsuits argue that the makers of Similac and Enfamil were aware of the risks of NEC in premature infants but continued marketing and promoting their products to hospitals, doctors, and parents without providing any warning. In an effort to expedite the litigation process, Judge Pallmeyer selected four infant formula NEC lawsuits as bellwether trials to set the stage for future similar claims. Although a date for the first bellwether trial in the federal court system has not yet been scheduled, Judge Pallmeyer has suggested that these trials will be spaced approximately 12 weeks apart, with a goal of concluding them by the end of 2024.
As the bellwether trial process continues, lawyers representing families affected by NEC caused by baby formula are actively reviewing and filing new claims across the country. It is anticipated that the size of the litigation will continue to grow throughout 2024. If the parties fail to reach NEC lawsuit settlements, Judge Pallmeyer may begin remanding individual claims back to U.S. District Courts nationwide for separate trial dates.
The latest verdict in the case of the grieving mother from Chicago validates concerns surrounding the potential risks associated with cow’s milk-based infant formula. This outcome may potentially impact the ongoing NEC lawsuits as families seek justice and accountability from manufacturers.