Court Overturns $60M NEC Baby Formula Ruling

An Illinois appeals court has overturned a $60 million damages award previously granted to a mother whose infant died from necrotizing enterocolitis (NEC). The original verdict in 2024 found Mead Johnson, a maker of infant formula, negligent for failing to warn about the risks associated with its Enfamil Premature 24 product.

The Appellate Court of Illinois Fifth District reversed the decision, remanding the case for a new trial. The court determined that presenting Mead Johnson's financial performance and executive compensation to the jury was improper. This evidence, according to the court, carried a substantial risk of inferring culpability based on the company's wealth rather than on evidence of product defect, causation, or inadequate warnings.

The appeals court stated that the extensive financial evidence, coupled with commentary during the trial, created a high risk of undue influence on the jury. This cumulative impact, the court concluded, could not be corrected by limiting instructions and undermined confidence in the fairness of the original verdict.