BELLEVILLE - Pressure will build for weeks at the St. Clair County courthouse in the nation’s first trial on a claim that Mead Johnson’s Enfamil formula caused an infant’s death, but the first day of jury selection brought smiles and connected the community.
So many connections popped up among 75 prospective jurors during voir dire on Feb. 20 that Circuit Judge Patrick Foley said, “See, we’re bringing people together.”
When asked if they knew any of the other potential jurors, one prospect pointed out an old friend two seats away and another prospect pointed at his nephew.
Foley asked all the questions on Tuesday, leaving examination of jury prospects by lawyers for Wednesday.
He told jurors that infant Chance Dean was born at 31 weeks and later died of necrotizing enterocolitis.
He said the child's mother, Jasmine Watson, alleges Mead Johnson’s infant formula is unreasonably dangerous for premature infants.
Watson alleges Mead Johnson failed to warn her of the danger.
On the other hand, Mead Johnson alleges that prematurity and other conditions caused the infant's death.
Mead Johnson also alleges Chance Dean’s medical providers knew the benefits and risks of infant formula.
David Cates of Swansea and Sean Grimsley of Denver introduced themselves as Watson’s counsel.
Phyllis Jones of Washington, Paul Schmidt of New York City, and Donald Flack of Edwardsville introduced themselves as Mead Johnson’s counsel.
Foley asked if any prospects knew court personnel in the room or the lawyers.
One hand went up, and Foley asked his name.
The prospect said he was Jarrod Beasley, who practices law across from the courthouse.
Foley worked through the crowd a row at a time, asking about factors from previous experience in courts to moral and political views.
Some said they were dissatisfied with results of cases, but they all said it wouldn’t affect them.
When Foley asked a prospect if anything in his case affected him, the prospect said, “Other than lawyers are expensive, no.”
When Foley asked the first row if they knew any other jury prospects, one prospect pointed to another and said she was his child’s teacher.
Another pointed at a prospect and said, “Your mom was my kid’s coach.”
And another pointed and said, “Our daughters play together.”
At least 15 prospects identified others they knew, meaning at least 30 of 75 jury prospects knew other prospects.
Late in the day, Foley opened a door for hardship complaints.
A prospect said, “I’m losing money.”
Another said, “I’ve been summoned five times, and I’m tired of it.”
Another said, “I can’t give three to five weeks. My company is downsizing.”
A prospect who had entered on crutches said she tore two ligaments.
In days leading up to trial, Foley resolved most evidence disputes but reserved ruling on a dispute at the core of the case.
Cates moved on Feb. 7 to preclude Mead Johnson from arguing that medical providers were the sole proximate cause of Chance Dean's harm.
Defense counsel Amber Charles of Washington responded on Feb. 13 that Mead Johnson has a right to pursue all defenses.
She cited a 1994 Illinois Supreme Court decision that conduct of a plaintiff or third party is relevant to proximate cause in a strict product liability case.
She claimed key factual issues were still hotly disputed.
She explained the issues included whether Mead Johnson should have provided a warning on the Enfamil Premature label.
She added the issues included whether providers were fully apprised of the relative risks of different premature infant nutrition options.
Charles claimed Chance Dean’s treating physicians all testified they were knowledgeable of risk rates and decided to transition him to formula fully aware of the risk.
Watson allegedly asked the court to presume before hearing evidence that the jury will find for her on disputed issues.
Charles claimed the best way to ensure a correct ruling is to wait for an issue to become ripe at trial when the court won’t need to speculate as to what the evidence might be.
Plaintiffs have filed hundreds of formula suits across the nation.
Chief Judge Rebecca Pallmeyer of the Northern District of Illinois presides over 389 cases from many states by appointment of a judicial panel in Washington, D.C.
Pallmeyer selected four plaintiffs for trials in her court to shape settlement but hasn’t set a date for the first trial.