Heartbreaking photographs of baby Chance Dean, who tragically lived just 25 days, played a pivotal role in a recent lawsuit where his parents successfully secured $60 million in compensation from global formula producer Mead Johnson. The lawsuit, which unfolded in Illinois, centered on Mead Johnson’s alleged negligence in failing to adequately warn Illinois mother Jasmine Watson about the heightened risk of necrotizing enterocolitis (NEC) associated with its cow’s milk formula, a disease that claimed Chance’s life in March 2020.
Chance, born prematurely at less than four pounds, spent his brief life in a neonatal ICU near the family’s Southern Illinois home. On his twelfth day, he began receiving Mead Johnson’s formula for premature babies after Watson struggled to produce enough breast milk. Initially, Watson had opted for a combination of her milk and donated human breast milk, but circumstances led to the switch to formula at a hospital where donor milk was unavailable. It was during this period that Chance’s health deteriorated, eventually leading to a diagnosis of NEC and multiple surgeries in an effort to save his life.
Despite their efforts, Chance passed away on March 28, 2020, in his mother’s arms, a poignant moment recounted by Watson who held him until his last breath.
In a landmark decision following a three-week trial, jurors sided with Watson, finding Mead Johnson negligent for its failure to adequately warn about the heightened NEC risk in formula-fed premature infants. The $60 million compensation was hailed as one of the largest in St. Clair County’s history and a significant legal precedent in Illinois.
Reacting to the verdict, Mead Johnson’s parent company, UK-based Reckitt Benckiser, expressed surprise and disappointment, vowing to explore all legal avenues to challenge the decision. They emphasized that the verdict should not set a broader precedent, dismissing the allegations as unsupported by scientific evidence.
However, the lawsuit signals the beginning of a wave of similar litigations across the US, with over a thousand pending cases involving thousands of families whose premature infants either suffered serious injuries or died from NEC allegedly linked to cow’s milk-based formulas by Mead Johnson and competitor Abbott.
Ben Whiting, a partner at Keller Postman, the law firm representing Watson and numerous other plaintiffs, underscored the importance of clearer warnings for parents and healthcare providers regarding the risks associated with formula choices for premature infants. He argued that manufacturers must do more to inform and protect vulnerable infants from devastating outcomes associated with formula-related diseases like NEC.
The case highlights ongoing concerns about the adequacy of current formula regulations and the need for enhanced consumer awareness in safeguarding infant health.