Landmark Verdicts Highlight Manufacturer Liability
“The sheer size of the plaintiff verdict entered in the second premature infant formula trial late last week was jaw-dropping even to us.”
Throughout the country, Anapol Weiss represents the devasted families of premature infants who suffered a severe and often fatal inflammatory bowel disease called necrotizing enterocolitis (NEC) after consuming specialty premature infant formulas and fortifiers in the NICU. Anapol Weiss also holds a leadership position in the federal multidistrict litigation against Abbott. Even still, we must admit that the sheer size of the plaintiff verdict entered in the second premature infant formula trial late last week was jaw-dropping even to us.
The jury in Missouri state court deliberated for just a few hours before returning a $495M verdict against Abbott, the manufacturer of Similac Special Care 24 and other specialty premature infant formulas widely used in neonatal intensive care units around the world. The verdict, which awarded the family of Robynn Davis and the state of Missouri $95M in compensatory damages and $400M in punitive damages, was a clear rejection of Abbott’s defense against the family’s claims that Similac Special Care feedings caused Robynn to develop such a severe case of NEC that doctors removed 75% of her intestines leaving her wheelchair-bound with around-the-clock care for the rest of her life.
Mounting Legal Challenges for Abbott and Mead Johnson
In March 2024, a jury in St. Clair County, Illinois, also returned a $60M verdict in favor of the family of Chance Dean, a premature baby who suffered NEC and died after consuming Mead Johnson’s premature infant formula in the NICU.
Abbott and Mead Johnson face thousands of similar lawsuits throughout the country, alleging they knew but failed to warn consumers about the increased risk of NEC with their premature infant formulas and fortifiers and failed to design their cow-milk-based products with ingredients safe for premature infants with vulnerable digestive systems.
While the manufacturers widely claim there is no scientific evidence supporting plaintiffs’ claims that their products cause NEC, countless studies have linked their cow-milk-based NICU products to the development of NEC, which often leads to the death of bowel tissue and carries a fatality rate of up to 50%.
The Path Ahead for Families and Manufacturers
To date, Abbott and Mead Johnson’s preterm products continue to be used in NICUs worldwide without any warning about NEC. Meanwhile, the leading formula manufacturers continue to downplay the superiority of breast milk for premature infants while boasting hefty multibillion-dollar annual profits.
With additional trials slated to begin in various state courts and in the federal multidistrict litigation in the Northern District of Illinois, the stakes are high for Abbott and Mead Johnson as well as the families of infants who suffered NEC after unknowingly consuming their dangerous products.
Anapol Weiss is actively investigating NEC cases. Please contact Paola Pearson at ppearson@anapolweiss.com with all inquiries.
