Products Liability Law Reporter

Approximately 12 days after his birth, premature infant Chance Dean was transferred to an Illinois hospital, where he was fed cow’s milk-based Enfamil Premature Infant Formula 24 Cal. Nine days later, he was diagnosed as having necrotizing enterocolitis (NEC), a gastrointestinal disorder that develops when harmful bacteria breach the walls of the intestine, causing portions of it to become inflamed and, often, die. Dean became seriously ill and underwent multiple surgeries before he died at 25 days old. He is survived by his mother.

Dean’s mother, individually and on behalf of his estate, sued Mead Johnson Nutrition Co. and Mead Johnson & Co., LLC, alleging strict liability failure to warn and negligence. The plaintiffs asserted that despite the defendants’ aggressive marketing campaign designed to convince parents that cow’s milk products are safe for premature infants, the products are in fact extremely dangerous for those infants. The plaintiffs also argued that despite knowing of the risk of NEC, Mead did not warn of the significantly increased risk of NEC and death associated with its products or the magnitude of this risk. The defendants’ inadequate warnings and instructions created a false sense of security, the plaintiffs claimed, adding that the defendants should have inserted a large “black box”-type warning about the increased risk of NEC for premature infants.

The jury awarded $60 million.

Citation: Watson v. Mead Johnson & Co., LLC, No. 2021-L-1032 (Ill. Cir. Ct. St. Clair Cnty. Mar. 13, 2024).

Plaintiff counsel: AAJ member Ashley Keller and Ben Whiting, both of Chicago; AAJ member Amelia Frenkel, Washington, D.C.; AAJ member David Cates, Swansea, Ill.; and Sean Grimsley, Denver.