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Abbott Ordered to Pay $495M for Formula Linked to NEC in Preterm Infants

Abbott must pay $495M for formula linked to NEC in preterm infants, jury rules in Missouri.

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  • Jul 29, 2024

  • Mrudula Kulkarni

Abbott Ordered to Pay $495M for Formula Linked to NEC in Preterm Infants

Abbott Laboratories was sentenced by a jury in St. Louis, Missouri, to pay $495 million in damages after an Illinois child who was given a specialised formula for preterm newborns had a serious intestinal illness. Abbott was sued by Margo Gill, who claimed that the corporation neglected to inform physicians that infants fed formula were more likely to develop necrotising enterocolitis (NEC) than those fed breast milk, donor milk, or formula produced from human milk. She received $400 million in punitive damages in addition to $95 million in compensatory damages from the jury.

Nine out of the twelve jurors in the case backed the verdict, which was not unanimous. In Missouri, a jury's judgement in a civil matter needs the support of three-fourths of the members. Jack, Gill's lawyer said that parents have a right to know what the problems are when there is a risk of using a baby formula for preterm infants. Abbott strongly disagreed with the verdict and would try to have it overturned.

NEC, which results in the death of intestinal tissue, primarily affects babies born before their due date and has a 15%–40% mortality rate. In 2021, Robynn Davis, Gill's kid, was administered Abbott preterm baby formula while in a neonatal intensive care facility, which led to the development of NEC. Abbott's attorneys contended throughout the trial that Robynn's birth trauma, which depleted her brain of oxygen, was the source of her long-term disabilities.

Abbott and the company that makes Enfamil, Reckitt Benckiser, are the targets of almost a thousand lawsuits that have been brought in federal and state courts. Like Abbott, Reckitt has refuted the allegations. The current legal action against Abbott over the closure of its Sturgis, Michigan, facility and the ensuing recall of infant formula batches due to potential contamination is unrelated to the NEC cases.

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