A St. Louis jury handed Abbott Laboratories a win Thursday, deciding that Abbott, another company and a hospital were not liable after a boy consumed the companies’ cow’s milk-based products for premature infants and became severely ill.
The decision marked the first victory for north suburban-based Abbott Laboratories and Indiana-based Mead Johnson Nutrition in their ongoing battle over allegations that their cow’s milk-based formulas for premature babies cause a serious intestinal disease, and that they should warn parents of possible risks. Abbott and Mead Johnson face hundreds of other lawsuits over the matter.
The case decided Thursday was the third to go to trial. In the first two cases that went to trial, the juries sided with parents, and against the companies. In the first case, a jury awarded $60 million to an Illinois woman whose son died of necrotizing enterocolitis (NEC) after consuming a cow’s milk-based product. In the second case, a jury decided Abbott must pay $495 million in damages in the case of a girl who developed the illness after consuming Abbott’s cow’s milk-based formula for premature infants.
The most recent case was the first to go to trial in which both Abbott and Mead Johnson were named as defendants. St. Louis Children’s Hospital was also a defendant.
“The decision reinforces what we, the medical community and regulatory bodies have said: that preterm infant nutrition products are safe, and there is no reliable scientific evidence that they cause or contribute to cause NEC,” Abbott said in a statement after the verdict. “Abbott stands by the vital role its preterm infant formula and human milk fortifiers serve in the hospital in nourishing premature babies.”
Mead Johnson also said in a statement that Thursday’s verdict was “consistent with the scientific consensus that there is no established causal link between the use of specialized preterm hospital nutrition products and NEC, and that where human milk is unavailable or when supplementation is necessary, specialized preterm hospital nutrition products can provide essential, lifesaving nutrition.”
Research has shown an association between consumption of cow’s milk-based formulas by very low birth weight, premature infants and a higher risk of developing NEC. But last month, the Centers for Disease Control and Prevention, the U.S. Food and Drug Administration and the National Institutes for Health released a joint statement, saying, “There is no conclusive evidence that preterm infant formula causes NEC.” The American Academy of Pediatrics has said that providing formulas for preterm infants is a “routine” and “necessary” part of care.
In this most recent case, mother Elizabeth Whitfield had sued the companies and the hospital, alleging that the products were dangerous and the companies failed to warn of the risk of NEC for premature babies who consume the products. Whitfield’s son developed NEC as a premature baby and now has lifelong medical issues.
A spokeswoman for an attorney representing Whitfield declined to comment Friday morning.
The trial lasted about five weeks and jurors deliberated for less than a day.
