Verdict could impact hundreds of additional lawsuits filed against Abbott and Enfamil formula maker Reckitt Benckiser

St. Louis, Mo. — A closely watched necrotizing enterocolitis (NEC) baby formula bellwether trial culminated in a $495 million judgment Friday against Abbott Laboratories, a verdict that could affect many other lawsuits awaiting litigation in state and federal courts throughout the U.S.

The case in the St. Louis trial, Gill v. Abbott Laboratories, No. 2322-CC01251, began July 9 before Judge Michael Noble in the 22nd Judicial Circuit Court of Missouri. The plaintiff brought the claim on behalf of her minor child, who developed NEC after being given Similac and/or Enfamil cow’s milk-based products following her premature birth. The infant was forced to undergo extensive surgery and has continued to suffer long-term health consequences.

The jury awarded the Gill family $400 million in punitive damages and $95 million in compensatory damages.

The plaintiff and her child were represented by the law firms of Stranch, Jennings & Garvey PLLC (SJ&G) and TorHoerman Law.

“The jury followed the evidence and made the right decision,” says Hon. John (Jack) Garvey, founding member of SJ&G and co-lead counsel for the lawsuit. “I consider it a great honor to have brought some level of justice to the family.”

The lawsuit asserted that, “despite scientific consensus that defendants’ cow’s milk-based products present a dire threat to the health and development of preterm infants, defendants have made no changes to their products or the products’ packaging, guidelines, instructions, or warnings. Instead, defendants have continued to sell their unreasonably dangerous products to unsuspecting parents and healthcare providers, generating huge profits as a result.”