Jacob Plattenberger · Przemek Lubecki
$495 Million Verdict Against Abbott Labs for Single Plaintiff in Baby Formula Lawsuit
December 10, 2024 6:30 PM||TLU n Demand
Abbott Laboratories, Inc. and its subsidiary, Abbott Nutrition (“AN”), is the manufacturer of Similac baby formula. AN sells multiple baby formulas under the “Similac” franchise, including Similac Special Care, a formula intended to be used exclusive with babies that are born premature.
Plaintiff’s allegations were that Similac Special Care significantly increases the risk of necrotizing enterocolitis (“NEC”), a devastating disease of the intestines. Specifically, the use of Similac Special Care in babies that are under 1500-1700 grams and who are younger than 35-36 weeks can increase the NEC risk by upwards of 150%. Plaintiff futher alleged that AN has known for decades about this increased risk and failed to provide any warnings with the product.\
Plaintiff Robynn Davis was born on August 26 of XXX at 26 weeks and weighing only 777grams. Robynn was given Similac Special Care starting in early October. By October 5 Robynn had suspected NEC and that diagnosis was confirmed on October 6. Robynn had surgery to remove roughly 80% of her intestine. This surgery saved her life, but the NEC had already caused her significant global brain damage. Further, she will live the rest of her life with “short gut syndrome” which causes extensive issues with her growth, development, and digestion. The life care plan for Robynn’s future medical care was in excess of $110 million dollars.
AN defended the case on general causation, taking the position that its premature infant formula does not increase the risk or contribute to cause NEC. AN also took the position that Robynn was born brain damaged due to a hypoxic environment in utero. AN took an aggressive position that the decision to feed formula is a “doctor decision” and that these doctors are aware of the risks of formula versus human milk feeding.
The case involved tens of millions of pages of documents in discovery, and over 60 depositions. The plaintiff proceeded on claims of failure to warn and design defect. Case was tried to a jury in St. Louis City and jury returned a verdict of $95 million in compensatory damages and $400 million in punitive damages.
Teaching points:
- How to manage a case of this size from discovery through trial;
- Picking the right “road map” and theme for the case and how to stay on theme every day;
- How to cross corporate reps and experts and make every witness the defense calls an opportunity to put on your case;
- Use of the “elmo” and demonstratives at trial;
- Defense use of power points with experts at trial and how to deal with “extreme leading”
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