St. Louis, MO — A Missouri jury has ordered Abbott Laboratories to pay nearly a half-billion dollars in damages after finding that a baby formula produced by the company caused severe health issues in a newborn. The verdict awarded Margo Gill $95 million in compensatory damages and $400 million in punitive damages after her daughter suffered from a serious intestinal condition tied to the formula.
The decision came after a lawsuit detailed how Gill’s daughter, identified only as R.D., was prematurely born on August 26, 2021, and later fed Similac, a formula by Abbott, at Cardinal Glennon Children’s Hospital in St. Louis. According to the claim, the infant developed necrotizing enterocolitis (NEC), a dangerous gastrointestinal problem that necessitated extensive surgery.
Legal representatives for Gill argued that the disease, which tends to afflict premature infants, could have been averted had the hospital fed the newborn breastmilk instead of the formula. Their position is backed by several studies and the recommendations of the American Academy of Pediatrics, which advocates for human milk as the optimal source of nutrition for infants, particularly those born prematurely.
The emotional and financial toll on Gill has been substantial, with significant emotional distress, loss of income, and other damages cited in the court documents. The narrative painted by the plaintiff’s legal team describes a mother who has endured considerable suffering due to her daughter’s ongoing health battle.
However, Abbott Laboratories contested the allegations, emphasizing disagreement with the jury’s decision. Scott Stoffel, a spokesperson for Abbott, firmly stated that there is no scientific evidence pointing to the company’s products as a direct cause of NEC. Stoffel reaffirmed the safety and efficacy of Abbott’s preterm infant formulas and fortifiers, which are widely accepted in neonatal care.
The American Academy of Pediatrics also weighed in, highlighting that the causes of NEC are complex and not entirely understood. They expressed concern that such legal challenges could limit the availability of cow milk-based formulas, which are crucial, particularly when human donor milk is insufficient.
Dr. Benjamin Hoffman, president of the AAP, emphasized the need for regulatory policies to support access to human donor milk and financial backing for donor milk banks. He suggests balancing clinical and family preference decisions on feeding with the available resources, stressing individualized care plans over broad regulations or litigation.
Amidst these debates, it’s highlighted that over 300,000 infants are born preterm annually in the U.S., underlining the critical need to maintain a reliable supply of infant formula as an essential nutrition source. The case not only sheds light on the specific health risks for premature infants but also sparks a broader discussion on the intersection of healthcare practice, legal implications, and public policy in pediatric care.