Keller Postman, Simon Law, and Cates Law Secure Retrial in NEC Case Against Abbott and Mead Johnson After Court Cites Defense Misconduct and Unjust Verdict

CHICAGO, IL, March 14, 2025 — Keller Postman LLC, a national leader in plaintiff representation, secured a significant legal victory in the ongoing battle against harmful infant formulas. Judge Michael Noble, of the Missouri Circuit Court, granted a new trial in Keller Postman’s case, Whitfield vs. Mead Johnson & Company, LLC, et al., overturning a previous defense verdict that had been widely touted by the defendant.

This new trial order marks a pivotal moment in the litigation involving necrotizing enterocolitis (NEC). In ruling that our client, Ms. Whitfield, was entitled to a new trial, Judge Noble explained that the pervasive prejudicial conduct of defense counsel precluded a fair trial. Per Judge Noble, “the errors and misconduct were so prejudicial that [it] affected the credibility of evidence with an extreme passion and bias that denied Plaintiff a fair trial and undermined the entire judicial process. For all those prejudicial reasons, the jury did not follow the greater weight of the evidence in reaching its verdict.”

“This order sends a clear message that justice demands fairness and adherence to the law, not just in this case but in all litigation,” said Ben Whiting, Partner at Keller Postman. “The initial verdict was tainted by tactics that compromised the integrity of the judicial process. Those tactics misled the jury to a verdict that was against the weight of the evidence. By setting that erroneous verdict aside, Judge Noble has given our client the right to a fair trial she always deserved.”

The Whitfield trial was the third NEC trial in the country. Judge Noble’s order yesterday comes exactly one year after Keller Postman secured the first NEC verdict against formula manufacturers in the country, a $60,000,000 verdict in Watson v. Mead Johnson in St. Clair County, Illinois. The other verdict against NEC was in Gill v. Abbott Laboratories in St. Louis, Missouri. Defendants had used the initial Whitfield verdict to suggest that a shift in the legal landscape now favored their position. However, this new development reaffirms the wrongdoing by manufacturers of cow’s-milk-based infant formulas.

“The jurors in the Whitfield case showed up in the same good faith as those in each of the two previous trials,” said Amelia Frenkel, Partner at Keller Postman and a member of the trial team. “Unfortunately, counsel for the formula companies spent weeks at trial using prejudicial tactics. Judge Noble now joins the two previous juries who found the evidence supports Plaintiffs’ claims. How many more will it take before the formula companies do the right thing and put a warning on their products?”

Keller Postman continues to represent thousands of families affected by NEC, advocating for safer alternatives to dangerous products and holding manufacturers accountable. “We are prepared to fight relentlessly, ensuring that every family affected by these products can seek and find justice,” Whiting added.

For media inquiries or further information, please contact Hazel Wolf at hazel.wolf@kellerpostman.com.

About Keller Postman:

Keller Postman is a national law firm dedicated to representing plaintiffs in the largest and most significant mass actions in the country. The firm’s first-class legal team, committed case managers, and tech-forward approach to complex litigation allow Keller Postman to outwork and out-innovate the other side. Its attorneys consistently deliver justice to families, consumers, veterans, and others injured by powerful defendants.