$495 Million Verdict Against Abbott Laboratories Set to Shape NEC Baby Formula Litigation Nationwide

Posted: July 28, 2024

A widely anticipated necrotizing enterocolitis (NEC) baby formula trial concluded with a $495 million judgment on Friday against Abbott Laboratories. This is the second plaintiff verdict in recent trials aimed at resolving baby formula manufacturers’ liability for their products causing preterm babies to develop a serious condition in which bowel tissue dies. In March, a jury awarded a $60 million verdict to a St. Clair, Illinois, mother who alleged that Mead Johnson’s Enfamil formula caused her son to die from NEC.

The juries’ decisions are poised to significantly impact numerous other lawsuits currently pending in state and federal courts across the United States, according to Attorney Sara Papantonio of Levin Papantonio law firm. 

“Juries are awarding these large verdicts because they recognize the profound suffering these families endured due to NEC,” Papantonio said. “Juries want to send a clear message that companies must be held accountable when their products harm the most vulnerable among us—our infants. 

“These decisions reflect the juries’ commitment to justice and the importance of protecting children’s health.”

MDL Continues to Grow

To date, 534 cases are pending in the NEC baby formula multidistrict litigation (MDL 3026  IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation). The MDL is overseen by the Honorable Rebecca R. Pallmeyer in the United States District Court – Northern District of Illinois. The first bellwether trial in the MDL is scheduled to begin in May 2025. 

Levin Papantonio is helping families all over the United States with NEC baby formula lawsuits. The firm is investigating cases where babies were fed cow’s milk formulas Similac or Enfamil formula while in neonatal intensive care units and were subsequently diagnosed with NEC.

“If we can’t protect our babies, what does this say about our future?” Papantonio said. “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.”

About the Abbott Verdict

The case, Gill v. Abbott Laboratories, No. 2322-CC01251, commenced on July 9 under the jurisdiction of Judge Michael Noble in the 22nd Judicial Circuit Court of Missouri. The plaintiff filed the claim on behalf of her young child, who developed NEC after being administered Similac and/or Enfamil cow’s milk-based products following an early birth. The infant endured a challenging journey, undergoing extensive surgery and facing long-term health consequences.

The jury awarded the Gill family $400 million in punitive damages and an additional $95 million in compensatory damages. 

This substantial judgment sends a powerful message to manufacturers regarding the safety of their products and accountability for the harm caused.