Plaintiff Wins $495 Million in Missouri Enfamil/Similac Baby Formula Trial

A Missouri jury returned a $495 million verdict in one of the first baby formula lawsuits to go to trial. Illinois resident Margo Gill sued Abbott Laboratories (the producer of Similac products), alleging that the company failed to warn hospitals and parents that its formula could cause a potentially deadly disease in premature babies.

Gill’s baby was given premature infant formula made by Abbott while she was in the neonatal intensive care unit. She developed a disease called necrotizing enterocolitis (NEC), which caused irreversible neurological damage and permanent disabilities. She will require lifelong medical care and assistance. 

Abbott denied its formula caused any injuries to Gill’s child, which it claimed were the result of birth trauma and oxygen deprivation during labor and delivery. Nine out of twelve jurors discredited this claim, levying $400 million in damages against the company for acting with deliberate and flagrant disregard for the safety of others in addition to $95 million in compensatory damages.

Get Up-to-Speed on the Baby Formula Lawsuits

Thousands of parents whose premature infants were given baby formula while in hospitals have filed product liability lawsuits against Abbott and Mead Johnson (the producer of Enfamil formulas and a division of Reckitt). The lawsuits claim the manufacturers knew or should have known about a significant risk associated with baby formula products that used milk from cows with bovine spongiform encephalopathy (BSE). Consuming milk or meat from cattle infected with this neurological disorder can transmit the mutated protein to humans, causing illness.

Premature infants exposed to BSE are at a significant risk of developing necrotizing enterocolitis (NEC), a disorder that causes severe intestinal inflammation and injury. NEC causes necrosis (death) of the intestinal tissue and perforation of the gut wall barrier, which allows bowel contents to spill into the baby’s abdomen. Between 10% and 50% of infant cases of NEC are fatal. Even in babies who fully recover, NEC can cause lifelong neurological and nutritional complications.

In addition to alleging that Abbott and Mead Johnson knew or should have known their products contained BSE components that could cause harm to preterm infants, the lawsuits claim they did not warn doctors that their product significantly increases the risk of contracting NEC compared to preterm infants who consume breastmilk or human milk-derived formula. They claim the manufacturers ignored warnings from influential medical groups and marketed their potentially hazardous formula products as safe and beneficial for premature infants.

Many of these cases have been consolidated into a multidistrict litigation (MDL) in the Northern District of Illinois. This process allows one judge to oversee common questions of fact in hundreds or thousands of similar cases, which subsequently proceed separately to trial. How the first “bellwether” cases fare in court can influence future settlement negotiations.

What Does this Verdict Mean?

The first baby formula lawsuit to go to trial involved Mead Johnson/Reckitt’s Enfamil baby formula products and was conducted in Illinois. That trial concluded in March 2024, resulting in a $60 million jury verdict for the plaintiff. The claims were similar to those in Gill’s Missouri case.

Both manufacturers deny their baby formulas cause NEC and other health problems in premature infants and argue that their products are life-saving and necessary. Reckitt has already appealed the Illinois verdict, while Abbott has announced its plans to appeal the Missouri case.

If the higher courts uphold the verdicts, the companies will likely attempt to negotiate a global settlement package rather than expose themselves to additional liability.

Can I Pursue a Baby Formula Lawsuit?

Most current baby formula lawsuits involve premature infants who received Similac and Enfamil formula products in hospitals or birthing centers. However, parents who used over-the-counter formula products to feed their babies at home may also be able to pursue claims against the manufacturers. An experienced attorney can help you understand your rights and potential legal claims.