Reckitt Benckiser’s Mead Johnson unit and Abbott Laboratories have been ordered to face a new trial in the US over allegations their premature infant formula can cause a serious gut condition.
In October, a court in Missouri had cleared the companies. The decision to re-open the trial was taken by Missouri Circuit Judge Michael Noble in St. Louis on Thursday (13 March).
Go deeper with GlobalData
As reported by news agency Reuters, Judge Noble said the defendants’ lawyers had engaged in misconduct that resulted in an unfair verdict from the jury and ordered a new trial.
UK-listed Reckitt described the re-opening of the trial as being “at complete odds with the law and the facts”. It said it will appeal.
The original trial saw the companies face allegations that they failed to warn a mother about the risks of their specialised baby formulas for premature infants.
A claim filed by the Whitfield family related to the life-threatening intestinal disease necrotizing enterocolitis (NEC), which can affect premature babies fed with specialised formulas.
The trial judge ruled against the family, potentially setting a precedent for other NEC-linked cases which were said to be pending.
In a statement at the time Reckitt said: “Today’s verdict is consistent with the scientific consensus that there is no established causal link between the use of specialised pre-term hospital nutrition products and NEC, and that where human milk is unavailable or when supplementation is necessary, specialised pre-term hospital nutrition products can provide essential, life-saving nutrition.”
In Thursday’s ruling, Judge Noble said Abbott and Mead Johnson’s lawyers intentionally and repeatedly violated clear instructions when presenting evidence to the jury, Reuters reported.
In its statement following the re-trial announcement, Reckitt said “nothing the court has now cited justifies disregarding the jury’s determination”.
It added: “The unanimous jury verdict in October supports our view that we have the science, the law, and the facts on our side. Moving forward, plaintiffs continue to face significant challenges due to the heavy burden they must meet in proving each element of the claims in every single case. Mead Johnson will continue to vigorously defend itself against all other cases in the interest of safeguarding the health of premature babies.”
Reckitt pointed out any new trial would not take place until after the appellate process is exhausted.
“At the end of the appellate process, the jury’s original decision will either be reinstated, or the case will head back to the lower court for a new trial,” it said.
In a statement sent to Just Food, Abbott spokesperson Scott Stoffel said: “Twelve citizens of the city of St. Louis served on a jury for five weeks, heard all the evidence, including from leading experts and unanimously found that Abbott’s formula does not cause NEC.
“Their verdict was correct. It was consistent with the consensus of scientists, governmental regulators and the neonatologists who treat these vulnerable patients in intensive care units every day. We are disappointed by the court’s extraordinary decision to set aside the jury’s work. We plan to file an immediate appeal, and we expect that the jury’s verdict will be reinstated.”
Last week, Reckitt said it was continuing to assess options for its nutrition operations housing the Mead Johnson infant-formula business.
After describing nutrition as “non-core” in July as part of a strategic review, Reckitt confirmed that it plans to “exit” the business unit.
The consumer goods giant is moving its focus away from nutrition and the essential home division to concentrate on its “core” or so-called “power brands” within the consumer health and hygiene categories.
Reckitt acquired Mead Johnson in 2017 for $17.9bn.
