Products Liability Law Reporter

Margo Gill’s preterm infant daughter, Robynn, was administered six-and-a-half bottles of cow’s milk-based formula while in a hospital NICU. She subsequently developed necrotizing enterocolitis (NEC), resulting in severe brain damage that led to spastic quadriplegia. Now 3, she requires lifelong care.

Gill sued Abbott Laboratories, Inc., alleging negligent design, failure to warn, and strict liability. The plaintiff asserted that despite scientific consensus that cow’s milk-based products present a dire threat to the health and development of preterm infants, the defendant made no changes to its products or their packaging, guidelines, or warnings.

The jury awarded $495 million, including $400 million in punitive damages.

Citation: Gill v. Abbott Labs., Inc., No. 2322-CC01251 (Mo. Cir. Ct. St. Louis City July 26, 2024).

Plaintiff counsel: AAJ members Jacob Plattenberger, Tor Hoerman, Chad Finley, Alexis Robinson, and Tyler Schneider, all of Edwardsville, Ill.; AAJ member Alan Holcomb, Atlanta; Jack Garvey, Colleen Garvey, and Ellen A. Thomas, all of St. Louis; and AAJ member Michael G. Stewart, Caleb Harbison, and Janna Maples, all of Nashville.