The latest trial concerning claims that popular baby formula brands failed to warn of serious health risks when consumed by premature infants is set to get underway this week.
The case, which will take place in Missouri’s 22nd Judicial Circuit Court, concerns a Missouri mother who blames her premature baby’s development of necrotizing enterocolitis (NEC) on the cow’s milk formulas that hospital staff fed him.
The makers of both Similac and Enfamil are defendants in the lawsuit, along with St. Louis Children’s Hospital.
NEC is a serious intestinal issue in infants that can cause inflammation, tissue damage and lead to bacterial infections. The estimated mortality rates range from 10% to as high as 50%.
Hundreds of baby formula lawsuits are pending in multidistrict litigation over claims that certain brands caused NEC in premature infants, with plaintiffs seeing early success.
According to Reuters, jury selection for the trial was scheduled to begin on Monday.
Baby Formula Lawsuit Becomes Third to go to Trial, Could Inform Future Litigation
While plaintiffs have filed hundreds of baby formula lawsuits, this week’s case becomes just the third to go to trial. Its outcome will be closely monitored, with bellwether cases in the federal MDL likely to get underway sometime next year.
The two previous lawsuits to go to trial have both resulted in major wins for plaintiffs, meaning that this case could go on to further suggest an advantage for plaintiffs in future litigation.
In July, a St. Louis jury awarded a massive $495 million verdict to the family of a baby girl who suffered permanent neurological damage following the development of NEC after being fed Similac baby formula.
That trial followed a March plaintiff victory in Illinois court, where a jury handed out a $60 million verdict to the mother of a premature infant that died after being fed Enfamil.
A third consecutive loss for the baby formula manufacturers could benefit plaintiffs in the ongoing lawsuits and potentially lead to a settlement.
The baby formula MDL, which is based in the Northern District of Illinois, recently set the order for its four bellwether trials and is expected to set trial dates in the near future.
Decades of Research Suggest Link Between Baby Formula, NEC in Premature Infants
Studies that date back to the 1990s have suggested that premature infants who consume baby formula may be at a higher risk of developing NEC. This research forms the foundation for the lawsuits.
According to the Children’s Hospital of Pittsburgh, some experts believe that the makeup of baby formula, rate of delivery and immaturity of mucous membranes in the intestines all could play a role in the cause of NEC.
It’s important to note that NEC is not exclusively linked to baby formula, despite the high correlation. NEC can and has also developed in infants who are fed breastmilk.
Premature birth, low birth weight and baby formula are the primary risk factors.
Editor Lindsay Donaldson contributed to this article.