St. Louis, MO – The first trial against Abbott Laboratories, the manufacturer of Similac baby formula, commenced on Tuesday. The case brings forth allegations that Abbott’s formula for preterm infants, commonly used in neonatal intensive care units (NICUs), contributes to necrotizing enterocolitis (NEC), a potentially deadly bowel disease.

In the St. Louis state court, attorney Jacob Plattenberger, representing Margo Gill, an Illinois resident, delivered the opening statement. Plattenberger emphasized the severe, lifelong injuries sustained by Gill’s daughter, Robynn Davis, urging jurors to hold Abbott accountable for the alleged role of its formula in causing the debilitating condition.

NEC predominantly affects premature newborns and has a fatality rate between 15% and 40%. Robynn Davis developed NEC after being given Abbott’s premature infant formula in a NICU in 2021. Though she survived, Robynn suffered irreversible neurological damage and will require long-term care, Plattenberger explained.

Abbott’s defense, represented by James Hurst of Kirkland & Ellis , argued that Robynn’s condition was due to a traumatic birth event that deprived her brain of oxygen, occurring well before she received the formula. Hurst maintained that formulas like Abbott’s have saved many lives and are often necessary for premature infants.

This case is one of nearly 1,000 lawsuits filed against Abbott and Reckitt Benckiser, the maker of Enfamil, alleging that cow’s milk-based formula products for premature infants caused NEC. Over 500 cases are centralized in Illinois federal court, with additional cases pending in Missouri, Pennsylvania, and other states.

The plaintiffs argue that the companies failed to warn that their products increased the risk of NEC compared to breastfed infants or those given donor milk or human milk-derived formula.

Reckitt, like Abbott, defends its products as life-saving and has called the lawsuits meritless.

The first trial against Reckitt in Illinois concluded with a $60 million jury verdict in March, which Reckitt is appealing, claiming the plaintiff’s case relied on unsound expert testimony.

The litigation has caused concern among investors, with Reckitt’s share price falling approximately 15% and Abbott’s about 4% after the verdict. Both stocks remain depressed, though analysts from J.P. Morgan and Barclays suggest the companies’ ultimate liability may be small.

As the trial continues, the legal battle’s outcome will likely impact the numerous pending cases and the broader conversation around the safety and regulation of infant formulas for premature babies.

Recent Court Orders:

• In June 2024, Judge Pallmeyer issued a scheduling order with fact discovery set to close in early August 2024. Depositions and further proceedings will follow​ (Drugwatch.com)​​ (Lawsuit Information Center)​.
• In March 2024, the judge announced her willingness to monitor depositions to ensure compliance, addressing issues with corporate witnesses evading questions​ (Lawsuit Information Center)​.

Stay tuned for frequent updates!