Illinois jury awards additional $17M in baby formula lawsuits against Abbott

Abbott baby formula lawsuits overview:

• Who: Four mothers received favorable verdicts in lawsuits against Abbott Laboratories.
• Why: The plaintiffs claimed Abbott’s preterm infant formula caused their babies to develop necrotizing enterocolitis (NEC).
• Where: The verdict was delivered in Illinois state court.
• How to get help: If your premature infant consumed cow’s milk-based formulas from Similac (Abbott Laboratories) or Enfamil (Mead Johnson) and was diagnosed with necrotizing enterocolitis, your family may be eligible to file an NEC lawsuit. 

An Illinois jury found Abbott Laboratories liable in lawsuits alleging its preterm infant formula contributed to a serious and potentially fatal intestinal condition in premature babies.

The four mothers — Antonia Mendez, Eboni Williams, Casie Thompson and Kara Sharpe — accused Abbott of selling its Similac Special Care 24 formula without adequately warning about the risk of necrotizing enterocolitis, a dangerous gastrointestinal disease that primarily affects premature infants.

The jury awarded a total of $53 million in compensatory damages to the four families after finding in their favor on claims, including negligence, failure to warn and product defect. The following day, jurors added $17 million in punitive damages, bringing the total award to $70 million.

The lawsuits alleged the infants developed NEC shortly after being fed Abbott’s formula. Although all four children survived, they reportedly suffered long-term health complications, and three required bowel surgery within weeks of birth.

The plaintiffs argued they would not have agreed to their infants being fed the formula had they been warned about the alleged risks associated with its use.

Abbott allegedly failed to warn of NEC risks linked to formula

The plaintiffs claimed Abbott failed to disclose the potential link between cow’s milk-based formula and NEC in premature infants, depriving them of the ability to make informed medical decisions.

According to the lawsuits, NEC can lead to severe complications, including long-term digestive issues and the need for surgical intervention. The plaintiffs alleged Abbott knew or should have known about the risks but failed to adequately warn consumers and medical providers.

Abbott denies the allegations and maintains its products are safe, arguing there is no reliable scientific evidence linking its formula to NEC. The company also contends premature infants often have other risk factors for the condition and emphasizes that breast milk is known to reduce NEC risk.

The judge allowed the jury to consider punitive damages after finding evidence that Abbott may have concealed risks associated with its formula.

The plaintiffs sought damages and accountability for the alleged harm caused by the formula and argued the verdict sends a message about the importance of transparency and safety in infant nutrition products.

The Illinois case is one of thousands of lawsuits filed against Abbott and other manufacturers, including Mead Johnson, over claims that cow’s milk-based formula can increase the risk of NEC in premature infants.

Previous trials have produced mixed results, with some juries awarding tens or hundreds of millions of dollars, while others have ruled in favor of manufacturers or ordered new trials.

In 2024, an Illinois jury awarded plaintiff Jasmine Watson $60 million as a representative of her late son, Chance Dean, who died from necrotizing enterocolitis after consuming Enfamil formula.

Have you used infant formula products like Similac? Let us know in the comments.

The plaintiffs are represented by Ashley Keller, Ben Whiting, Amelia Frenkel, Jamie Price and Laura Shannon of Keller Postman LLC and Sean Grimsley, Kenzo Kawanabe, Abigail Hinchcliff and Samara Hoose of Olson Grimsley Kawanabe Hinchcliff & Murray LLC.

The Abbott baby formula lawsuits are Mendez v. Abbott Laboratories, Case No. 2022-L-005377; Williams v. Abbott Laboratories, Case No. 2022-L-005401; Thompson v. Abbott Laboratories, Case No. 2022-L-005393; and Sharpe v. Abbott Laboratories, Case No. 2022-L-005381, in the Circuit Court of Cook County, Illinois.

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