Abbott’s Similac Faces Critical Trial Over NEC Claims
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The legal debate over the safety of cow’s milk-based baby formula for premature infants is intensifying in a Missouri courtroom where Abbott Laboratories’ Similac brand is on trial.
Illinois mother Margo Gill sued the company on behalf of herself and her infant daughter, who was born in 2021 and developed necrotizing enterocolitis, or NEC, in the neonatal intensive care unit at St. Louis’ Cardinal Glennon Children’s Hospital.
Gill contends that her daughter, Robynn Davis, suffered NEC because she was fed Similac formula and developed severe ongoing medical complications because of it. The trial seeks to determine whether Abbott’s cow’s milk formula is to blame for Robynn’s condition, which now requires lifelong care.
“They’ve known for a long time that there’s a problem with this product,” plaintiff attorney Jake Plattenberger of TorHoerman Law told the jury in opening statements, according to Reuters.
The trial is the first to involve NEC allegations against baby formula maker Abbott. This case follows a significant legal victory against Mead Johnson’s Enfamil formula, which resulted in a $60 million verdict. The company is appealing.
With thousands of similar baby formula lawsuits pending, the outcome of this trial could have far-reaching implications for the use of cow’s milk-based formulas for premature babies and in NICUs.
The formula at the center of the lawsuits is used only in hospitals and is not the kind found on store shelves.
Mother Alleges Abbott Knew of NEC Dangers
The central issue in both the Similac and Enfamil lawsuits is whether the product meant to nourish premature infants could be putting them at serious risk.
Research has highlighted troubling connections between cow’s milk infant formula and NEC, a severe intestinal disease that can lead to tissue death, life-threatening infections or death.
Gill’s lawsuit alleges that Abbott knew about the risks associated with its infant formula and failed to inform doctors, hospital staff and parents.
A report by the Surgeon General, cited by Gill’s attorneys in court filings, states that “for vulnerable premature infants, formula feeding is associated with higher rates of necrotizing enterocolitis…[And are] 138% more likely to develop NEC.”
During opening statements, defense attorneys argued that Gill’s daughter’s medical issues were related to a traumatic birth. They said the child underwent several surgeries before ever receiving Similac, according to Courtroom View Network, which is streaming the trial.
The company maintains that its products are safe and crucial in saving the lives of premature infants.
Jurors will also decide on punitive damages in a baby formula NEC case. The Illinois jury that returned the $60 million Enfamil formula verdict considered only compensatory damages.
Thousands of Baby Formula Lawsuits Could Be Impacted
The trial is anticipated to last four weeks. The results could seriously impact the thousands of baby formula lawsuits filed against various manufacturers.
As of July 1, more than 530 Enfamil and Similac lawsuits were pending in multidistrict litigation (MDL) in the Northern District of Illinois.
The lawsuits are ongoing, and lawyers are still taking cases. According to lawyers, a parent could qualify to file a baby formula lawsuit if their child developed NEC, consumed formula that contained cow’s milk protein, and was born prematurely or with low birth weight.