St. Louis, MO - A closely watched trial over allegations that cows milk-based baby formula given to premature infants in hospitals causes serious illness begins Monday in Missouri state court, and the full trial will be webcast gavel-to-gavel by Courtroom View Network.
Next week’s trial in Missouri’s 22nd Judicial Circuit marks just the third time a jury will hear claims that cows milk-based formula can cause a dangerous condition in infants called necrotizing enterocolitis - or NEC - an inflammation of the bowel that can require invasive surgery and result in disabling injuries, including brain damage.
The first such trial earlier this year in Illinois ended in a $60 million plaintiff verdict involving claims related to Mead Johnson’s Enfamil brand formula. The second trial, also in St. Louis and recorded by CVN, ended with a $495 million verdict involving Abbott’s Similac brand formula. This pending trial will involve claims against both manufacturers.
The full trial will be webcast both live and on-demand via CVN, including all witness testimony. Subscribers can watch live in real-time in addition to having unlimited on-demand access throughout the trial.
Plaintiffs in both previous trials argued the companies knew cows milk formula presented a risk of NEC but withheld that information while aggressively marketing their formulas to hospitals.
However both Abbott and Mead Johnson argue those claims are based on flawed science, and that their formulas safely provide acutely needed nourishment to vulnerable infants, many of whom thrive on the formula with no side effects.
With thousands of similar cases pending in state court, in addition to another bellwether trial in federal multi-district litigation slated for early 2025, the pending trial before Judge Michael Noble could have a substantial impact on the future resolution of these cases along with how premature infants receive nourishment in neonatal intensive care units.
Given the stakes of the trial both sides have assembled large legal teams.
The plaintiffs are represented by the St. Louis-based Simon Law Firm PC, and by The Cates Law Firm LLC in Illinois and Washington DC firm Keller Postman LLC.
Abbott is represented by Kirkland Ellis, Jones Day, Thompson Coburn, Winston & Strawn and HeplerBroom.
Mead Johnson is represented by Covington & Burling, Swanson Martin & Bell, Steptoe LLP and Armstrong Teasdale LLP.
The 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
