The Sleeper Mass Tort That Won’ t Stay Asleep
Massive verdicts, mounting appellate losses, and emotionally devastating evidence are transforming NEC infant formula litigation into one of the most consequential product liability battles facing corporate America.
By SARA G. STEPHENS, EXECUTIVE EDITOR
In April, a Cook County, Illinois, jury deliberated for 10 hours before returning a verdict in favor of plaintiffs in a necrotizing enterocolitis( NEC) baby formula trial. Four families were awarded $ 53 million after Abbott Laboratories’ preterm infant formula allegedly contributed to preemie babies developing NEC, a life-threatening gastrointestinal condition that primarily affects premature infants.
According to the claim, the plaintiffs’ preterm infants were fed Abbott’ s Similac Special Care 24 formula in Chicago-area hospitals. Each baby was later diagnosed with NEC, suffering severe complications. Three of the infants required surgery shortly after birth.
The families brought claims that included negligence, failure to warn, and product defect. They further claimed they would not have consented to the hospitals’ use of this formula had they known about the increased risk of NEC associated with cow’ s milk-based formula.
The plaintiffs sought and were awarded compensatory damages that included pain and suffering, emotional distress, loss of a normal life, disfigurement, and risk of future harm. In addition, the jurors awarded the families $ 17 million in punitive damages, for a total verdict of $ 70 million.
Just one month after the Illinois verdict, a Missouri appellate court upheld a $ 495 million jury verdict against Abbott Laboratories. The decision affirmed a jury’ s finding in July 2024( Gill v. Abbott) that the defendant’ s cow’ s milk-based Similac Special Care 24 High Protein formula contributed to Robynn Davis’ NEC diagnosis. Born at 26 weeks in 2021, Davis developed severe NEC within 24 hours of being switched from human milk to Abbott’ s formula. Her NEC required surgery to remove 80 % of her small intestine and resulted in permanent brain damage,
86 The Trial Lawyer