Margo Gill v. Abbott Laboratories
Case Background
On June 23, 2023, Plaintiff Margo Gill filed a Product liability lawsuit in the Missouri State Circuit Court of St. Louis County (Case number: 2322-CC01251). Judge Michael Noble presided over the case.
Cause
Margo Gill’s premature infant daughter, R.D., was born on August 26, 2021, at SSM St. Mary’s Hospital in St. Louis, Missouri. Shortly after birth, doctors transferred R.D. to Cardinal Glennon Children’s Hospital, where she was fed Similac cow’s milk-based formula, manufactured by Abbott Laboratories. After consuming these products, R.D. developed necrotizing enterocolitis (NEC), a life-threatening gastrointestinal disease that primarily affects premature infants. As a result of NEC, R.D. required extensive surgery and now faces long-term health complications.
The complaint alleges that Abbott Laboratories, along with sales representatives Matthew McClure and Tara Todd, aggressively marketed their cow’s milk-based formula as safe for premature infants, despite being aware that it significantly increased the risk of NEC. It also claims Abbott failed to provide adequate warnings about the risks of NEC. Additionally, Abbott falsely promoted their formula as essential for the growth and development of preterm infants.
Injuries
After consuming Abbott’s cow’s milk-based formula, R.D. developed necrotizing enterocolitis (NEC), a severe and life-threatening disease. She underwent extensive surgery and continues to suffer long-term health and developmental complications caused by the condition.
Damages
The complaint seeks compensatory damages for R.D.’s past and future medical expenses, pain and suffering, emotional distress, and loss of enjoyment of life due to NEC and its related health issues. Additionally, it seeks damages for Margo Gill’s emotional distress, lost income, and other harms caused by her daughter’s injuries. Punitive damages are also sought against Abbott Laboratories.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Margo Gill
- Counsel for Plaintiff: Jack Garvey| Jake Plattenberger | Colleen Garvey | Ellen Thomas| Kenneth J. Brennan | Stranch Jennings
- Defendant(s):Abbott Laboratories
- Counsel for Defendants: James Hurst | Booker T. Shaw| Thomas J. Magee | Jason Rankin | Emilee M. Bramstedt | Stephen V. D’Amore | Bryce A. Cooper | Sharon Desh | Sarah E. Harmon | Rebecca Fitzpatrick
Key Arguments or Remarks by Counsel
Jake Plattenberger of TorHoerman, a lawyer for Illinois resident Margo Gill, told the St. Louis, Missouri state court jury that Abbott made “no attempt to tell physicians in a clear and direct way” that its products could cause necrotizing enterocolitis (NEC) in premature babies.
“They’ve known for a long time that there’s a problem with this product,” Plattenberger told the jury, saying the company was aware of studies showing that it increased the risk of the disease.
“Companies need to be honest about their products, about the good and the bad,” Gill’s attorney, Jack Garvey, said. “When there is a risk of using a baby formula for preterm infants, parents have a right to know what the problems are.”
James Hurst of Kirkland & Ellis, representing Abbott, said in his opening statement that Robynn’s condition was caused by trauma at birth that deprived her brain of oxygen, long before she received formula. He said that formulas like Abbott’s had saved many lives, and were in many cases necessary.
Claims
The lawsuit asserts the following claims against the defendants:
- Strict liability for design defect: Abbott Laboratories is accused of manufacturing and selling an unreasonably dangerous product.
- Strict liability for failure to warn: Abbott failed to provide adequate warnings about the risk of NEC linked to its formula.
- Negligence: The defendants did not exercise reasonable care in designing, testing, manufacturing, marketing, and selling the infant formula.
- Intentional misrepresentation: Abbott and its representatives made false claims about the safety and necessity of the formula for premature infants.
- Negligent misrepresentation: The defendants carelessly provided false information about the product’s safety and benefits.
Defense
Abbott Laboratories denied all liability, asserting that its Similac Special Care 24 formula was safe for premature infants when used as directed. They argued that the warnings provided were sufficient and that other factors common in premature infants could have contributed to R.D.’s development of necrotizing enterocolitis (NEC).
Jury Verdict
On July 26, 2024, a jury found that Abbott Laboratories liable for failing to warn about the risk of NEC associated with its Similac cow’s milk-based formula. This failure played a significant role in R.D.’s condition. The jury awarded Margo Gill $95 million in compensatory damages for R.D.’s medical expenses and suffering, plus $400 million in punitive damages, for a total of $495 million.
Court Documents:
Available Upon Request
Press Release:
Leave A Comment