Abbott Laboratories Ordered to Pay $495 Million in Formula Lawsuit
A St. Louis, Missouri jury has delivered a resounding blow to Abbott Laboratories, finding that the company’s specialized formula for premature infants caused an Illinois girl to develop necrotizing enterocolitis (NEC), a potentially deadly bowel disease. The jury awarded $95 million in compensatory damages and $400 million in punitive damages to the plaintiff, Margo Gill, whose daughter, Robynn Davis, suffered irreversible neurological damage after being given Abbott’s formula while in a neonatal intensive care unit in 2021. This verdict marks the first trial against Abbott in a wave of hundreds of similar lawsuits filed nationwide.
Key Takeaways:
- Landmark Verdict: This is the first trial to result in a verdict against Abbott over claims that its specialized formula for premature infants can lead to NEC.
- Significant Damages: The jury’s award of $495 million sends a strong message about the seriousness of the allegations against Abbott.
- Potential Impact on Premature Infant Care: The verdict has raised concerns about the future of specialized formula for premature infants, as it could potentially limit doctors’ options for feeding these vulnerable infants.
- Abbott’s Response: The company disputes the findings and plans to appeal the verdict.
- Wider Implications: This case is likely to influence other lawsuits against Abbott and other formula manufacturers related to NEC.
The Case:
The case centered on the allegations that Abbott failed to warn of the potential link between its formula and NEC, a serious condition that affects premature infants and can lead to death or long-term health complications. Gill argued that Abbott’s formula, specifically designed for preterm infants, was a direct cause of Robynn’s NEC, which resulted in her needing long-term care due to neurological damage.
Abbott countered that Robynn’s injuries stemmed from birth trauma and that while breast milk is ideal for premature infants, specialized formula is often necessary and can be life-saving in certain situations. They asserted that there is no scientific evidence linking their specialized formula to NEC.
A Growing Trend:
This lawsuit is one of hundreds filed against Abbott, Reckitt Benckiser (the maker of Enfamil formula), or both over NEC. These lawsuits argue that both companies failed to warn doctors about the increased risk of NEC for infants fed formula compared to those who are breastfed or given donor milk or human milk-derived formula.
The litigation focuses on cow’s milk-based formulas and products designed to fortify mother’s milk, specifically those used in hospital settings, not the typical formula sold in stores.
The Verdict’s Impact:
This verdict could have significant implications for both Abbott and other formula manufacturers. If other lawsuits are successful, it could shape how these companies develop and market their products, potentially leading to stricter regulations and higher safety standards.
The impact extends beyond the companies involved. The verdict has raised concerns about the availability and use of specialized formula for premature babies, potentially limiting the options available to doctors. This could have a significant impact on the care of infants who cannot be breastfed.
The NEC Society’s Position:
The National Necrotizing Enterocolitis Society (NEC Society), a patient-led non-profit organization working to combat NEC, has expressed concerns about the lawsuits. They believe that feeding decisions should be made by medical professionals at the individual patient level, not through legal proceedings. This highlights the complex ethical and social considerations surrounding this issue.
What’s Next?
While this verdict is a significant development in the NEC litigation, it is just the beginning. Abbott plans to appeal the verdict, and, given the number of ongoing cases, it is likely that more trials will follow, potentially leading to further legal battles and shaping the landscape of infant formula regulation.
While analysts believe the companies’ ultimate liability is likely to be limited, the financial impact on both Abbott and Reckitt Benckiser has been substantial, with share prices dropping after the March verdict against Reckitt. This case is likely to see more legal activity, and the outcome will likely have a ripple effect on the infant formula industry.
