Missouri Appeals Court Orders New Trial for Similac, Enfamil NEC Lawsuit

A Missouri appeals court has affirmed the trial court's decision to vacate a defense verdict and order a new trial in an NEC infant formula case. Elizabeth Whitfield filed the lawsuit in 2022 on behalf of her son, Kaine, alleging that cow's milk-based Similac and Enfamil products caused the infant to develop necrotizing enterocolitis, a serious intestinal condition affecting premature infants.

The case proceeded to trial in October 2024, resulting in a defense verdict for defendants Abbott Laboratories and Mead Johnson. However, Missouri Circuit Court Judge Michael Noble vacated that verdict in March 2025 after finding that defense counsel engaged in trial misconduct, including violating court instructions, presenting previously excluded evidence, and suggesting to jurors that babies could starve if the formula products were removed from the market.

The appellate court upheld Judge Noble's determination that the jury's defense verdict was against the overwhelming weight of evidence presented. Necrotizing enterocolitis is a life-threatening intestinal condition in which harmful bacteria penetrate the intestinal wall, causing inflammation and tissue death. The case is now set for retrial.

This is a curated brief from the PlaintiffWire news desk. Read the original report at AboutLawsuits.