Abbott Ordered To Pay $495M in NEC Baby Formula Lawsuit
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A St. Louis jury has ordered Abbott Laboratories to pay $495 million in damages after a baby developed a deadly disease from its premature infant formula. The verdict is good news for hundreds of lawsuits pending against cow-milk-based formula makers.
Margo Gill, an Illinois resident, filed the lawsuit for her daughter, Robynn Davis. She claimed that Abbott’s formula caused Robynn to develop necrotizing enterocolitis (NEC), a serious bowel disease. The condition resulted in irreversible brain damage. The jury awarded $95 million in compensatory damages and $400 million in punitive damages.
“Juries want to send a clear message that companies must be held accountable when their products harm the most vulnerable among us—our infants,” Sara Papantonio, an infant formula attorney with the Levin Papantonio law firm, told Drugwatch in an email.
Abbott Laboratories, the producer of Similac formula, has denied the accusations and intends to appeal the ruling. The company claims its specialized formula is essential for feeding premature infants who cannot breastfeed.
NEC Linked to Baby Formula
NEC, which primarily impacts premature infants and leads to the death of bowel tissue, has a fatality rate ranging from 15% to 40%. In Robynn’s instance, she developed NEC after being fed Abbott’s formula in a neonatal intensive care unit (NICU) in 2021. Although she survived, the disease resulted in significant brain damage and permanent disabilities disabilities.
Gill’s lawsuit charged Abbott with not informing parents and health care providers about the risks linked to its cow’s milk-based formula. The jury ruled in favor of Gill, emphasizing the importance of transparent communication about possible dangers.
Abbott’s defense argued that NEC is a multifaceted disease with several contributing factors, including the infant’s general health and birth conditions. They contended that although mother’s milk is ideal, specialized formula is sometimes the only feasible option for feeding premature infants.
A Wave of Lawsuits Across the Country
This verdict is the second in a series of lawsuits against Abbott and other baby formula manufacturers, such as Reckitt Benckiser, the producer of Enfamil. Nearly 1,000 lawsuits have been filed, with 534 currently pending in an Illinois federal court multidistrict litigation, according to the U.S. Judicial Panel on Multidistrict Litigation.
These lawsuits allege that the companies did not sufficiently warn that their formulas could heighten the risk of NEC compared to breast milk or donor milk.
An Enfamil lawsuit against formula maker Reckitt Benckiser in Illinois concluded with a $60 million verdict in March 2024. The company is appealing the decision, contending that the plaintiff’s case was based on unreliable expert testimony.
The ongoing litigation has affected the financial markets. According to The Financial Times, Reckitt’s share price fell 20% after the March verdict, indicating investor concerns about potential liabilities.
Lawsuits Raise Questions of Proper Formula Decisions
The NEC Society, a patient-led nonprofit organization, has criticized the numerous lawsuits, suggesting that feeding decisions should be made by parents or childcare providers based on medical expertise at the patient’s bedside rather than in courtrooms. Despite the risks, they emphasized the importance of having multiple feeding options available for premature infants.
“We are fighting to ensure that those responsible for causing such devastating injuries are held liable and pay fair compensation to families who have suffered, and to make certain future parents know breast milk, donor milk, and human milk-based formulas are safer choices for preterm babies compared to the defendants’ cow’s milk-based products,” Papantonio said.
These lawsuits are distinct from other legal challenges Abbott is facing, such as litigation related to the closure of their Sturgis, Michigan, plant and the recall of potentially contaminated baby formula, which caused a nationwide shortage in 2022.