Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. Mead Johnson & Co., LLC

United States Court of Appeals, Eighth Circuit

June 6, 2014

Scott Johnson, as guardian ad litem of H.T.P., a minor, Plaintiff - Appellant
v.
Mead Johnson & Company, LLC, Defendant - Appellee; Scott Johnson, as guardian ad litem of H.T.P., a minor, Plaintiff - Appellant
v.
Mead Johnson & Company, LLC, Defendant - Appellee

Submitted February 11, 2014

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Scott Johnson, as guardian ad litem of H.T.P., a minor, Plaintiff - Appellant (13-1685): Michael A. Anderson, PATRICK & BEARD, Chattanooga, TN; Kay Nord Hunt, Stephen Carl Rathke, LOMMEN & ABDO, Minneapolis, MN.

For Mead Johnson & Company, LLC, Defendant - Appellee (13-1685): Anthony John Anscombe, Mary Elizabeth Buckley, Kirk Christopher Jenkins, SEDGWICK, LLP, Chicago, IL; Brian W. Thomson, STINSON & LEONARD, Minneapolis, MN; Karen Woodward, SEDGWICK LLP, Los Angeles, CA.

For Scott Johnson, as guardian ad litem of H.T.P., a minor, Plaintiff - Appellant (13-2681): Michael A. Anderson, PATRICK & BEARD, Chattanooga, TN; Bryan Richard Feldhaus, Kay Nord Hunt, Stephen Carl Rathke, LOMMEN & ABDO, Minneapolis, MN.

For Mead Johnson & Company, LLC, Defendant - Appellee (13-2681): Anthony John Anscombe, Mary Elizabeth Buckley, Kirk Christopher Jenkins, SEDGWICK, LLP, Chicago, IL; Frederick William Morris, Jonathon T. Naples, Brian W. Thomson, STINSON & LEONARD, Minneapolis, MN; Karen Woodward, SEDGWICK LLP, Los Angeles, CA.

Before SMITH, BEAM, and BENTON, Circuit Judges.

OPINION

Page 558

BEAM, Circuit Judge

Scott Johnson, guardian ad litem for minor H.T.P., appeals the district court's

Page 559

adverse grant of summary judgment in this products liability case. The district court excluded Johnson's experts' testimony and accordingly entered judgment in favor of Mead Johnson (Mead). The district court also assessed costs in the amount of $18,442 against Johnson. Because we find the district court abused its discretion in excluding the experts, we reverse and remand.

I. BACKGROUND

In this summary judgment appeal we view the facts in the light most favorable to Johnson, the non-moving party. Sappington v. Skyjack, Inc.,512 F.3d 440, 445 (8th Cir. 2008). H.T.P. was born via Cesarean section on May 4, 2005. H.T.P's mother decided to feed H.T.P. infant formula. While in the hospital and for a short time upon returning home, H.T.P. was fed a sterile liquid infant formula, and then upon H.T.P.'s pediatrician's recommendation, a powdered infant formula (PIF) thereafter. Mead manufactures and sells PIF products which are not sterile, and have been occasionally found to be contaminated with a bacterium Enterobacter sakazakii, a/k/a Cronobacter sakazakii, or C. sak. Mead has issued two nationwide recalls of PIF products because of C. sak contamination, one in March 2002, and the other in January 2003. H.T.P. was fed Enfamil Lipil with Iron, a Mead PIF product, when he was a " neonate" (less than 28 days old). Because their immune and gastrointestinal systems have not yet fully developed, neonates are less able to cope with bacteria than even slightly older infants and are thus more susceptible to infection. H.T.P.'s mother always prepared the PIF in their kitchen with tap water, warmed in the microwave, anywhere from 20 to 60 seconds, and then allowed to cool to room temperature. H.T.P.'s mother was also apparently an extremely fastidious cleaner, wiping the kitchen clean with antibacterial agents over 20 times a day. She also boiled the nipples ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.