A Cook County jury has awarded a combined $70 million in damages in four lawsuits accusing Abbott Laboratories of producing a defective premature infant formula linked to severe illness. The verdict, delivered Friday at the conclusion of a month-long trial, ordered the north suburban-based company to pay $53 million in compensatory damages and an additional $17 million in punitive damages.
The cases, brought by four Chicago-area mothers, allege that Abbott’s Similac Special Care formula caused their premature babies to develop necrotizing enterocolitis (NEC), a serious and often fatal intestinal disease. The infants, all born before 32 weeks’ gestation between 2012 and 2019, suffered significant health complications attributed to NEC, including surgery for three of the four children and ongoing gastrointestinal problems.
On Thursday, the jury found Abbott liable on counts of product defectiveness, failure to warn, and negligence. The compensatory damages were awarded based on the children’s loss of a normal life, pain and suffering, disfigurement, and future health risks, with individual awards ranging from $7 million to $16 million.
Punitive damages, which are intended to punish Abbott and deter future misconduct, were determined Friday. Awards varied between $3 million and $5 million per child, falling well short of the $530 million in punitive damages sought by the plaintiffs’ attorneys. To justify punitive damages, jurors had to conclude that the company’s actions were “willful and wanton.”
Plaintiffs’ legal representatives argued that Abbott prioritized profits over patient safety and neglected to include warnings on the formula’s labeling. They emphasized the vulnerability of premature infants and the need to protect future patients from similar harm.
Abbott responded by announcing plans to appeal the verdict, asserting that the decision disregarded the scientific consensus and regulatory standards supporting the safety of its product. The company maintained that its formula is a necessary alternative for hospitals when breast milk is unavailable and stated that the trial’s conclusions risked limiting options for treating premature infants.
During closing arguments, Abbott attorneys highlighted that the company had not concealed risks related to NEC and insisted that the illness in the children was likely due to underlying medical conditions unrelated to formula use. They further cautioned that extensive punitive damages could threaten the availability of specialized infant formulas.
Jurors expressed a nuanced position after the verdict. Some noted the necessity of Abbott’s products while underscoring a need for clearer risk communication. One juror mentioned the desire to send a message that a warning label should be added without driving the company out of business.
The jury’s verdict marks the first Illinois state court decision against Abbott in this matter, where more than 1,700 similar lawsuits have been filed nationwide. Two prior trials in Missouri produced mixed results, including a $495 million verdict against Abbott, which the company is currently appealing.
The Cook County verdict is significant given the growing litigation over the health risks associated with premature infant formulas and reflects ongoing legal and scientific debates about the products’ safety and regulatory oversight.
