The U.S. Court of Appeals for the Eighth Circuit has declined to set aside expert testimony pinning an infant’s permanent brain damage on formula produced by Mead Johnson & Co., reviving litigation against the firm.

In Johnson v. Mead Johnson & Co., the family of a then-1-month-old baby contends the child was sickened and suffered lasting brain damage after consuming Enfamil formula. The guardian ad litem who filed suit in the child’s stead contends the product was unreasonably dangerous because it was contaminated with the bacteria Cronobacter sakazakii.
Our Boston product liability lawyers understand the U.S. Centers for Disease Control & Prevention receive roughly six reports of C.sak sickness each year, even though there is no legal mandate for the cases to be reported. The bacteria is naturally-occurring in certain plants, such as rice and wheat. However, even small amounts can be lethal to those with immune systems that aren’t yet fully developed – namely, infants.
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