CVN screenshot of defense attorney James Hurst delivering his opening statement on October 2
St. Louis, MO - Closing arguments begin Wednesday morning in a closely watched trial over allegations that cows milk-based baby formula used in hospitals poses a serious health risk to premature infants, and the full trial is being webcast gavel-to-gavel by Courtroom View Network.
A Missouri state court jury began hearing arguments and testimony on October 2 in the lawsuit filed by plaintiff Elizabeth Whitfield, who sued Abbott Laboratories and Mead Johnson on behalf of her son. She claims cows milk-based formula given to premature infants in hospitals can cause a dangerous bowel inflammation called necrotizing enterocolitis, or NEC. The condition can lead to major complications like brain injuries and has a twenty percent fatality rate, however the companies maintain their formulas safely provide critically needed nourishment to vulnerable infants.
The trial has drawn significant attention due to being the first time Abbott and Mead Johnson faced a jury jointly over allegations related to their baby formulas. Earlier this year an Illinois jury returned a $60 million verdict over Mead Johnson’s Enfamil brand formula in the first NEC baby formula trial anywhere in the country. A second trial last summer - and the first against Abbott - ended in a $495 million verdict of their Similac brand formula. That trial was also recorded by CVN.
The current trial is being live-streamed by CVN, and all proceedings to date are also available for on-demand viewing. The livestream will continue for the duration of the trial’s closing arguments.
Thousands of lawsuits blaming NEC on baby formula are pending throughout the United States. The first bellwether trials in federal multi-district litigation centralized in Illinois begin next year.
The St. Louis case is captioned K.W. a minor and through his next friend Elizabeth Whitfield v. St. Louis Children’s Hospital, et al. case number 2222-CC06214.
E-mail David Siegel at dsiegel@cvn.com
