The Trial Lawyer Fall 2024 | Page 94

LEGALBRIEFS

LEGALBRIEFS

By Top Class Actions
Parents in $ 495M judgment over Similac baby formula injuries
A jury in Missouri awarded a total of $ 495 million in damages to the parents of a premature baby who they argued developed a severe gastrointestinal disease from consuming a Similac baby formula made by Abbott Laboratories .
The jury award includes $ 95 million in compensatory damages and an additional $ 400 million in punitive damages , reports Law360 .
The parents of Robynn Davis , who was born prematurely , reportedly claimed she developed the condition known as necrotizing enterocolitis after consuming Abbott ’ s Similac Special Care 24 baby formula , which is often used in neonatal intensive care units .
Robynn ’ s mother claimed her daughter developed the condition within 72 hours of ingesting the Similac baby formula in October 2021 , reports Law360 .
Robynn ’ s parents claimed Abbott chose not to warn the public despite acknowledging internally the dangers of developing necrotizing enterocolitis from consuming the baby formula .
The parents said Robynn is now confined to a wheelchair , had to have 75 % of her intestines removed , is unable to eat normally , has brain damage , and requires round-the-clock care for the rest of her life .
A spokesperson for Abbott said in a statement that the company “ strongly ” disagrees with the verdict and believes “ no one is to blame ” for Robynn ’ s
92 x The Trial Lawyer condition , which the company called a “ tragedy ,” reports Law360 .
“ There is no scientific evidence showing Abbott ’ s preterm infant products cause or contribute to causing ( necrotizing enterocolitis ),” Abbott spokesperson Scott Stoffel said in the statement , as reported by Law360 .
Texas , Meta reach $ 1.4B settlement in Facebook biometric privacy lawsuit
Texas Attorney General Ken Paxton is suing Meta Platforms Inc ., Facebook ’ s parent company , for violating the state ’ s privacy laws with its collection and use of Texans ’ biometric data . Paxton seeks billions of dollars in damages .
Paxton claims Meta violated Texas ’ Capture or Use of Biometric Identifier Act ( CUBI ) when it failed to obtain consumers ’ consent to collect their biometric data , disclosed the data to third parties and failed to dispose of the data in the legally required time frame .
Meta misled consumers into thinking the company didn ’ t collect biometric data , thus violating the Texas Deceptive Trade Practices Act ( DTPA ) and putting Texans ’ “ well-being , safety and security at risk .”
Paxton seeks damages of up to $ 25,000 for each violation of the CUBI and up to $ 10,000 for each violation of the DTPA . The complaint claims that up to 20.5 million Texans were affected by Meta ’ s allegedly unlawful actions .
The lawsuit also seeks to prevent Meta from further violating Texans ’
biometric privacy rights and for the company to remove its facial recognition technology from its other social media platforms , which includes Instagram and WhatsApp .
Enacted in 2009 , CUBI prevents someone from capturing an individual ’ s biometric without their informed consent . It also bars people from distributing that data to third parties and for the data to be destroyed within a year of its collection .
Meta used its facial recognition technology on the Facebook platform from 2010 to 2021 . The technology tracked users and nonusers in tagged pictures and videos uploaded to the platform , according to the complaint . However , the company supposedly failed to disclose to users that the tagging feature funneled individuals ’ biometric data to Facebook ’ s artificial intelligence system .
Paxton claims that the tech company purposefully avoided using the term “ biometric ” in describing its system , believing it would prevent people from tagging photos and videos .
Facebook , now Meta , placed millions of Texans “ at risk from hackers and bad actors , all to build an AI-powered virtualreality empire ,” according to the lawsuit .
Justice Dept . files lawsuit against TikTok over children ’ s privacy law violations
The U . S . Department of Justice has slapped TikTok and its parent company