Oct 30 (Reuters) - A lawyer for a Missouri mother on
Wednesday asked a jury to make Abbott and Reckitt's
Mead Johnson pay a total of more than $6 billion in the
latest trial over claims that the companies' formulas for
premature babies caused a severe intestinal illness.
Litigation over the formulas has raised alarm from doctors
who say that it could threaten the formulas' availability or
affect medical decisions. CEOs for both Reckitt and Abbott have
said the companies may exit the premature formula market.
"Companies have to clearly and unambiguously tell us the
truth about their products, especially those intended for the
smallest and most vulnerable human beings on the planet," Tim
Cronin, representing Elizabeth Whitfield and her son Kaine, told
the jury in St. Louis, Missouri, in his closing argument at the
end of a five-week trial.
Cronin said the companies failed to warn that their
premature baby formulas could cause necrotizing enterocolitis,
and that Kaine got the disease as a result of receiving the
formula in the newborn intensive care unit at St. Louis
Children's Hospital in 2017, leaving him with lifelong health
and developmental problems.
Cronin asked the jury to award Kaine nearly $277 million in
compensatory damages for his past and future healthcare costs,
lost earning potential and pain and suffering. He also urged
them to order Abbott to pay $5 billion in punitive damages, and
Mead Johnson to pay $1 billion, based on the companies' sizes.
The verdict Whitfield is seeking would be one of the largest
in U.S. history. Even if the jury awards it, however, it could
be reduced on appeal for a number of reasons, including that the
U.S. Supreme Court has ruled that punitive damages should
generally be less than 10 times compensatory damages.
While the hospital was also a defendant in the case, Cronin
did not ask the jurors to award any damages against it, though
he said they were free to do so.
Reuters watched the closing argument through Courtroom View
Network.
Lawyers for the defendants are expected to present their
closing arguments later in the day.
Both companies have said that, while mother's and donated
human milk is widely understood to protect against necrotizing
enterocolitis, formula does not cause it.
Whitfield's case is one of close to 1,000 in courts around
the United States alleging that Abbott's and Mead's specialized
formulas used by hospitals to feed premature babies cause the
illness. Two cases that previously went to trial resulted in
verdicts of $60 million against Mead and $495 million against
Abbott.
Following the earlier verdicts, U.S. regulatory agencies and
a working group of scientists convened by the National
Institutes of Health have 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 current trial.
Abbott's lead trial lawyer, Kirkland & Ellis partner James
Hurst, will not be allowed to present his closing argument for
the company after Missouri Circuit Court Judge Michael Noble
last week found he had acted in "bad faith" during the trial,
including by trying to bring in testimony that the judge had
already ruled was not allowed.
An Abbott spokesperson in a statement said that Hurst "is a
terrific trial lawyer and has acted professionally, ethically
and in good faith throughout the case."