March 14 (Reuters) - An Illinois jury has ordered
Reckitt Benckiser ( RBGPF ) unit Mead Johnson to pay $60 million
to the mother of a premature baby who died of an intestinal
disease after being fed the company's Enfamil baby formula.
The jury in an Illinois state court in St. Clair County on
Wednesday found that Mead Johnson was negligent and that it
failed to warn of the risk of necrotizing enterocolitis (NEC).
The disease, which causes the death of bowel tissue, mostly
affects premature newborns and has a fatality rate of about 15%
to 40%.
The $60 million verdict includes compensation for plaintiff
Jasmine Watson's loss and grief, and for the pain and suffering
of her baby, Chance Dean.
The verdict comes in the first trial out of hundreds of
lawsuits claiming that various Enfamil and Abbott Laboratories'
Similac formulas caused NEC.
According to the U.S. National Institutes of Health, there
is evidence that formula increases the risk of NEC in premature
infants compared with breast milk.
"This verdict confirms what Mead Johnson has known for
years: cow's-milk based baby formula causes NEC in preterm
infants, often with fatal consequences," Ben Whiting, a lawyer
for Watson, said in a statement.
Mead Johnson said in a statement that it was disappointed
with the verdict and would appeal it.
"We continue to believe that the allegations from the
plaintiff's lawyers in this case were not supported by the
science or experts in the medical community," it said.
More than 400 NEC lawsuits against Mead Johnson and Abbott
are pending in federal court in Chicago, and others, like
Watson's are in state courts.
Plaintiffs in the cases say that the companies concealed the
fact that their formula, including products made specifically
for premature infants and others, was riskier than alternatives
like donor milk.
The companies have denied the allegations.
The NEC lawsuits are separate from ongoing litigation
against Abbott over the shutdown of its Sturgis, Michigan, plant
and subsequent recall of batches of baby formula for possible
contamination, which contributed to a nationwide formula
shortage in 2022.
Abbott has denied that it distributed tainted formula.