Abbott baby formula settlement overview:
- Who: Abbott Laboratories agreed to pay $670 million to settle baby formula lawsuits involving about 2,000 infants, while more than 1,700 lawsuits remain pending.
- Why: Abbott was accused of failing to warn that its cow’s milk-based specialty formulas can cause necrotizing enterocolitis (NEC) in premature infants.
- Where: The Abbott baby formula settlement was reached in Missouri state court.
- How to get help: If your premature infant was fed cow’s milk-based formula, such as Similac or Enfamil, and was later diagnosed with NEC, you may be eligible to file a baby formula lawsuit.
Abbott Laboratories agreed to pay $670 million to settle the Gill v. Abbott Laboratories lawsuit and thousands of other claims alleging its formula for premature infants causes a dangerous intestinal disease.
The settlement follows a Missouri appeals court decision upholding a $495 million jury judgment against Abbott in the Gill v. Abbott Laboratories case over its premature infant formula.
Abbott continues to face 1,700 lawsuits alleging its formula for preterm infants can cause necrotizing enterocolitis, a condition in which intestinal tissue becomes inflamed and dies.
Abbott said in a news release that the settlement is not an admission of liability and that it stands by the safety of its products and their “essential role” in the care of preterm infants.
“While Abbott remains confident in the safety of these products and the science supporting them, the company believes these agreements are in its best long-term interest and represent a constructive step toward substantially resolving the overall litigation,” Abbott said in the news release.
Abbott baby formula settlement comes after abandoning Supreme Court appeal
The Gill v. Abbott Laboratories case went to trial in Missouri Circuit Court in St. Louis in 2024. Plaintiff Margo Gill alleged her daughter developed NEC after receiving Abbott’s cow’s milk-based infant feeding products as a premature infant.
The jury awarded $95 million in compensatory damages and $400 million in punitive damages, making it the largest verdict in the litigation at the time.
Abbott appealed the decision, and earlier this year, a Missouri appellate court affirmed the judgment. Abbott was preparing to ask the Missouri Supreme Court to review the case when the settlement was announced in court documents on Aug. 19.
According to the company, it chose to settle rather than continue appealing the Gill case or pay approximately $600 million, including the $495 million verdict and accrued interest.
Although Abbott and Mead Johnson Nutrition — another manufacturer of cow’s milk-based formula for premature infants — continue to face numerous similar lawsuits nationwide, only a handful have gone to trial.
A similar case against Mead Johnson is now underway in federal court in Chicago, where hundreds of related cases have been centralized. The case is considered a bellwether trial, meaning its outcome could help guide how the other cases proceed or are resolved.
Three previous bellwether cases in federal court in Chicago were dismissed before reaching trial.
What do you think of this Abbott baby formula settlement? Let us know in the comments.
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