Abbott and Reckitt to Face New Trial Regarding Infant Formula for Premature Babies

A Missouri judge has ordered Abbott Laboratories and Mead Johnson, a subsidiary of Reckitt Benckiser, to go to trial again over claims that they did not inform a mother about the risks associated with their baby formulas designed for premature infants. This decision reopens a case where the companies had previously won, after a St. Louis court found they were not liable for a young boy’s serious intestinal disease.

The ruling came from Circuit Judge Michael Noble, who stated that the defense lawyers acted improperly during the trial, which led to an unfair verdict. The original case was a significant win for Abbott and Mead Johnson, especially after they faced considerable losses in similar lawsuits that had shaken investor confidence.

Judge Noble pointed out that the defense attorneys ignored clear instructions, overwhelmed the jury with objections, and introduced evidence that had been previously rejected by the court. He noted that their tactics included misleading arguments about the potential consequences of removing the formulas from the market.

Both Abbott and Reckitt expressed their disappointment with the judge’s decision and plan to appeal. Abbott’s spokesperson emphasized that the original jury reached the right conclusion based on scientific evidence showing no direct link between their formula and the boy’s condition. Reckitt also criticized the ruling, stating it contradicts the facts and the law.

The case centers on allegations that the companies failed to warn about the possibility of necrotizing enterocolitis, a serious disease affecting premature infants. This condition has a high mortality rate and raises concerns among doctors about the implications of ongoing litigation on the availability of these formulas.

The trial is part of a broader wave of nearly 1,000 similar lawsuits across the country. The plaintiff, a young boy named Kaine Whitfield, had sought over $6.2 billion in damages during the initial trial. The outcome of the new trial could have significant implications for the companies involved and the families relying on specialized infant formulas.