Jury says baby formula caused serious illness in premature infant, awards mother whopping $495 million in damages

A sign is viewed outside an Abbott Laboratories facility, Thursday, March 24, 2022, in Orlando, Fla. (Phelan M. Ebenhack via AP)

A jury in Missouri awarded a mother nearly a half-billion dollars after concluding the baby formula her daughter drank while in the hospital led to serious injuries.

The jury ordered Abbott Laboratories to pay Margo Gill $95 million in compensatory damages and $400 million in punitive damages, court records say. The jury voted 9-3 in favor of Gill. According to the lawsuit , Gill gave birth to her daughter identified in court documents as R.D. prematurely on Aug. 26, 2021 at SSM St. Mary’s Hospital in St. Louis. Shortly after birth, doctors transferred the girl to Cardinal Glennon Children’s Hospital. Staff then began feeding the infant Similac baby formula, which Abbott produces.

Gill’s lawyers claim the girl developed necrotizing enterocolitis (NEC) — inflammation of the intestine leading to bacterial infection that is common among premature babies — after ingesting Abbott’s products. Doctors had to perform “extensive surgery” after her diagnoses, per the lawsuit. Gill’s daughter could have avoided catching the disease had staff fed her human-based breastmilk, the lawsuit said, citing several studies and the recommendation of the American Academy of Pediatrics.

Gill suffered “significant emotional distress, loss of income, and/or other harms,” the lawsuit said.

“Her life has been significantly affected by R.D.’s injuries,” lawyers wrote.

The lawsuit claims Abbott was negligent, intentionally misrepresented its product and is liable for Gill’s daughter’s injuries.

But in a statement, Abbott spokesman Scott Stoffel said the company “strongly” disagrees with the verdict.

“There is no scientific evidence showing Abbott’s preterm infant products cause or contribute to causing NEC,” he said. “Specialized formulas and fortifiers, like the one in this case, are part of the standard of care by the medical community and, along with mother’s milk and donor human milk, are the only available options to feed premature infants.”

The American Academy of Pediatrics also released a statement saying causes of NEC are “multifaceted and not fully understood.” Lawsuits like this may “jeopardize” the availability of cow milk-based formulas because often there is not enough donated human milk if the mother is unable to produce sufficient quantities, they wrote.

“Feeding decisions should be made by clinicians and families,” said Dr. Benjamin Hoffman, president of the AAP. “These need to be individualized in the context of human milk availability, specific patient needs, and individual family preferences.”

Hoffman said rather than lawsuits, there needs to be public policy that expands access to pasteurized human donor milk and supports governmental and private financial support for donor milk banks. Formula is used as an “essential source of nutrition,” he said.

“Meanwhile, more than 300,000 infants are born prematurely every year, and we must take steps to protect the supply of infant formula for those who need it,” he added.

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