*
Verdict is victory for the companies after large losses in
similar lawsuits
*
Reckitt shares jump 10% after the verdict
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Plaintiff's lawyers sought award of over $6.2 billion
(Updates Oct. 31 story with Reckitt, Abbott shares in paragraph
3, analysts' quotes in paragraphs 4, 9-11)
By Brendan Pierson
Nov 1 (Reuters) - Abbott and Reckitt
unit Mead Johnson are not responsible for a young boy's
debilitating intestinal disease, a jury found on Thursday in a
lawsuit accusing them of failing to warn of their premature baby
formulas' risks.
The ruling is a victory for the two companies following
large losses in similar trials.
London-listed Reckitt's shares jumped 10% to 51.70 pounds in
early trade on Friday, set for its best day since 2009. Abbott
shares had risen 5.4% in after-hours U.S. trading on Thursday.
"The probability of a high pay-out has reduced, driving the
positive move in the share price this morning," Tineke Frikkee
of Waverton Investment Management, a Reckitt shareholder said.
At the five-week trial in St. Louis, Missouri state court,
lawyers for plaintiff Kaine Whitfield had urged jurors to award
more than $6.2 billion.
"The decision reinforces what we, the medical community and
regulatory bodies have said: that preterm infant nutrition
products are safe," Abbott said in a statement.
Mead Johnson said the verdict "demonstrates that the claims
in this case were not supported by the science or experts in the
medical community."
A lawyer for Whitfield did not immediately respond to a
request for comment.
"This is the first positive outcome in this action for Mead
Johnson and Abbott, and could lessen concerns on final
settlement liabilities," analysts at Jefferies said in a note.
The brokerage sees Reckitt's stock recovering somewhere
between Thursday's close and the pre-litigation headlines price
of 53 pounds per share.
That implies a 13% rise from Reckitt's last closing price.
The lawsuit, brought on Kaine's behalf by his mother,
Elizabeth Whitfield, alleged that the companies failed to warn
that their specialized formulas used by newborn intensive care
units in hospitals could cause necrotizing enterocolitis, a
disease that almost exclusively affects premature infants and
has an estimated mortality rate of more than 20%.
Kaine, now seven years old, was born prematurely at less
than 28 weeks, weighing just over 1,000 grams or 2.2 pounds, and
developed the disease after being fed formula at St. Louis
Children's Hospital. He had surgery for his illness and
survived, but will have lifelong developmental and health
problems as a result, according to the lawsuit.
The hospital was also a defendant in the lawsuit, and was
found not liable by the jury.
Reuters watched the trial through Courtroom View Network.
SIMILAR LAWSUITS
The case is one of about 1,000 similar lawsuits around the
country, which have raised alarm from doctors who say the
litigation could threaten the formulas' availability or affect
medical decisions.
Abbott CEO Robert Ford told investors in an Oct. 16 call
that it would be "very difficult for any company to remain on
the market with these products" in the face of "indefinite
liability." Reckitt in July said it was "considering options"
for Mead Johnson, and CEO Kris Licht did not rule out a sale.
Abbott and Mead Johnson have said that, while mother's and
donated human milk protect against necrotizing enterocolitis,
formula does not cause it. The companies have said that the
benefits of human milk are widely known and incorporated into
hospital feeding practices.
Two cases that went to trial earlier this year resulted in
verdicts of $60 million against Mead and $495 million against
Abbott. The latter verdict was before the same St. Louis judge
as Whitfield's case.
Following the earlier verdicts, U.S. regulatory agencies and
a working group of scientists convened by the National
Institutes of Health said current evidence does not support the
hypothesis that formula causes necrotizing enterocolitis. Abbott
and Mead were not allowed to present those statements to the
jury in the latest trial.
(Reporting By Brendan Pierson in New York; Additional reporting
by Yamini Kalia in Bengaluru and Anousha Sakoui in London;
Editing by Alexia Garamfalvi, David Gregorio and Emelia
Sithole-Matarise)