Jury Delivers $495M Verdict in Baby Formula Lawsuit

A jury delivered a $495 million verdict on behalf of a plaintiff over allegations that Abbot Laboratories’ cow milk baby formula can damage a baby’s intestinal tract. According to the lawsuit, the plaintiff’s infant daughter developed a dangerous condition known as NEC (necrotizing enterocolitis) after receiving Abbot’s Similac brand formula while in a neonatal intensive care unit. Attorneys for the plaintiff argued throughout the trial that Abbot was aware that their cow milk baby formula could increase the risk of developing NEC but failed to disclose that information while aggressively marketing its product for use in hospital settings.

Abbot argued that the child’s injuries were caused by a lack of oxygen from a traumatic birthing process and that they occurred before she ever received any of the company’s formula. However, the jury didn’t buy it and awarded the plaintiff $95 million in compensatory damages alongside another $400 million in punitive damages. Abbot issued a statement after the trial saying that they disagreed with the verdict and plan to appeal.

Second lawsuit to address cow milk formula 

This latest trial began July 9 and was just the second in the country to address concerns related to cow milk-based formulas presenting a risk of NEC. Earlier this year, an Illinois jury awarded $60 million to a plaintiff in a similar lawsuit filed against Reckitt Benckiser unit Mead Johnson.

As of right now, there are thousands of similar NEC-related baby formula trials pending in courts throughout the U.S. This latest case is one of the bellwether cases that lawyers use to feel out juries for potential settlements. The multi-district litigation is centered here in Illinois with the first federal baby formula bellwether trial scheduled for early 2025. The next state court trial is scheduled for September in St. Louis.

Abbott accused of knowing the product was dangerous 

Throughout the trial, the plaintiff’s counsel argued that Abbott was well aware of the risk of developing NEC from their baby formula but still aggressively marketed the product to hospitals across the United States. This, ultimately, was why the company was hit with punitive damages. Instead of recalling the dangerous product or at least warning doctors and parents about the dangers, the company continued to sell the product causing injury to hundreds of infants.

In product liability lawsuits, plaintiffs can argue that the product is intrinsically defective, there was a manufacturing defect, or that the company that produced the product failed to warn consumers about a known danger. In this case, the plaintiffs argued that the cow milk formula was intrinsically dangerous and potentially could lead to NEC. Further, they argued that Abbott knew about the danger and withheld it from the public. Hence, why the company was hit with punitive damages.

Talk to a Urbana, IL Product Liability Lawyer Today 

Patel Law, PC represents the interests of Illinois residents who have been injured by a dangerous or defective product. Call our Urbana product liability lawyers today to schedule a consultation, and we can begin investigating your injuries right away.

Source:

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