Verdict could impact hundreds of additional lawsuits filed
against Abbott and Enfamil formula maker Reckitt Benckiser
ST. LOUIS, July 26, 2024 /PRNewswire/ — 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.”
The lawsuit also claimed the defendants breached their duty through misrepresentations made to consumers, physicians and medical staff in their advertising and promotional materials and interactions, and that Abbott’s acts, omissions and/or representations showed a deliberate and flagrant disregard for the safety of others.
“This is the sort of litigation that our firm takes pride in — where you need to commit massive resources to take on the most powerful bad actors,” says J. Gerard Stranch IV, founding and managing member of SJ&G.
In addition to Jack Garvey, SJ&G’s trial team included Founding Member Mike Stewart and Member Janna Maples, along with associate attorneys Colleen Garvey, Ellen A. Thomas and Caleb Harbison.
Hundreds of lawsuits still pending allege that cow’s milk-based baby formula products can cause NEC, a life-threatening illness that can affect premature infants. In addition, the lawsuits claim that manufacturers of these products failed to warn of the higher risk of NEC in infants who were given their products versus infants who received breast milk or human milk-derived formula.
Gill v. Abbott Laboratories marked the first NEC case brought against Abbott and was the second trial alleging that cow’s milk-based baby formula given to premature infants can cause NEC. In the earlier case, Watson vs. Mead Johnson, an Illinois jury awarded $60 million to a plaintiff whose child died from NEC.
For additional information about SJ&G, visit www.stranchlaw.com.
About Stranch, Jennings & Garvey, PLLC:
With practice experience dating back decades, Stranch, Jennings & Garvey, PLLC has a longstanding history of prominence in complex litigation. Our attorneys specialize in class action, mass tort, ERISA trust funds, labor unions, bank fees, data breaches, wage and hour disputes, worker adjustment and retraining notification, product liability, personal injury and trucking accidents. Known for their integrity, experience and dedication, our attorneys are members of numerous state and national associations, committees and boards.
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SOURCE Stranch, Jennings & Garvey
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