Abbott Laboratories, the maker of Similac baby formula, will face its second trial on Monday over claims that its formula for preterm infants causes necrotizing enterocolitis (NEC), a potentially fatal bowel disease. The trial, in St. Louis, Missouri, is part of hundreds of similar lawsuits filed across the United States.
The plaintiff, Illinois resident Margo Gill, alleges her premature infant daughter developed NEC after being fed Abbott’s formula for premature babies. While her daughter survived, she suffers long-term health problems. The lawsuit claims Abbott failed to adequately warn about the increased risk of NEC associated with their product compared to breast milk or donor milk.
Abbott denies these claims, stating that the child’s injuries were due to a traumatic brain injury sustained before being fed their formula. They also emphasize that the specialized formula is considered standard of care for premature infants and the only available option besides human milk.
This trial follows a previous $60 million jury verdict against Reckitt Benckiser, the maker of Enfamil, in March. Reckitt is currently appealing this verdict. Both companies have seen their stock prices decline following these lawsuits.
The NEC Society, a patient-led organization working to combat the disease, criticizes the lawsuits, stating that feeding decisions should be made by medical professionals at the bedside, not in courtrooms.
This case is separate from ongoing litigation against Abbott over the shutdown of its Sturgis, Michigan, plant and the subsequent recall of baby formula for possible contamination, which contributed to a nationwide formula shortage in 2022.
The outcome of this trial could have a significant impact on the future of premature infant formula, potentially leading to changes in labeling, warnings, or even product formulations. The trial is expected to last most of the month.