Family of Premature Twin Baby Who Died Due to NEC Receives $60 Million in Lawsuit Against Formula Manufacturer

Heartbreaking Photo of Twin Boy Emotional Lawsuit $60 Million Formula Manufacturer

By Jackelyn Cornejo , Parent Herald Jul 08, 10:52 am

Photo: (Photo : Brandon Bell/Getty Images )

A heart-wrenching image of a twin boy who lived only 25 days has surfaced during an emotional lawsuit, where his parents secured $60 million in damages from a cow's milk powder manufacturer.

Mead Johnson Found Negligent in Failing to Warn Illinois Mother

A jury currently discovered that the international company Mead Johnson was careless for not sufficiently notifying Illinois mother Jasmine Watson about the connection between its product and the bowel disease that led to the passing of her son, Chance Dean, in March 2020.

Being born two months premature and weighing less than four pounds, Chance, one of the twin boys, spent his whole life in a neonatal intensive care unit close to his family's residence in southern Illinois.

On day 12, due to Watson's insufficient breast milk supply for both Chance and his twin brother Chase, he was put on premature formula.

Final poignant photos of Chance Dean, who lived just 25 days, were shown during an emotional court case, resulting in his parents being awarded $60 million in damages from a cow's milk powder manufacturer.

The parents, Jasmine Watson and Cedric Dean appeared with their 4-year-old son, Chase. A pillow features Chance Dean, who passed away from NEC in March 2020.

Initially, Watson fed the twins a mix of her and donor breast milk. When they were moved to a hospital without donor milk, Chance's condition worsened. Watson, aged 25, observed that he appeared unwell and uncomfortable.

Chance was diagnosed with necrotizing enterocolitis (NEC), a fatal intestinal disease mainly affecting premature infants. Despite three surgeries, he died in his mother's arms on the evening of March 28, 2020.

Watson conveyed that she felt all she could do for him at that moment was to stay by his side. She held him until his heart ceased beating. Chase, who was given the same formula as Chance, did not develop NEC.

Jurors View Heartbreaking Photos of Chance During Mead Johnson Lawsuit

Four years later, jurors saw poignant photos of Chance with a tiny blue knit hat and a feeding tube as his family sued international infant formula company, Mead Johnson.

After a three-week trial, the jury found Mead Johnson negligent for not properly warning Watson that NEC is more common in formula-fed premature babies.

Watson's attorneys hailed the verdict as a historic victory for Illinois. In their press statement, they conveyed certainty that this is the largest settlement ever recorded in St. Clair County and one of the most important in Illinois' history.

In a statement from its UK-based parent company Reckitt Benckiser, Mead Johnson conveyed being "surprised and deeply disappointed by the ruling" and vowed to "explore all options" to overturn it.

The statement emphasized the importance of recognizing that this ruling pertains to a single case and should not be generalized or extended to others.

"We remain convinced that the plaintiffs' claims are not supported by science or by medical experts."

The company also stated that the ruling establishes a risky precedent that could disturb medical practice and the relationship between patients and doctors.

This lawsuit marks the beginning of numerous similar cases. More than 1,000 lawsuits are currently awaiting resolution in the U.S., involving 7,000 families whose premature infants suffered severe injury or death due to NEC.

Parents claim that cow's milk-based formulas for premature infants by Mead Johnson and competitor Abbott significantly increase the risk of NEC.

Ben Whiting, a partner at Keller Postman, a national law firm representing Watson and hundreds of other plaintiffs, said that clearer messaging is needed to ensure parents understand the risks.

Whiting emphasized their position that these formula manufacturers should, at a minimum, alert mothers, doctors, dietitians, nurses, and hospitals about the risks associated with NEC, a severe disease that can develop when premature infants transition from breast milk to cow's milk formula.