CVN screenshot of plaintiff attorney Jake Plattenberger delivering his opening statement
St. Louis, MO - A Missouri state court jury heard opening statements Tuesday in a closely watched trial over allegations that cows milk-based baby formula provided to premature infants poses serious health risks, and the full trial is being recorded and webcast gavel-to-gavel by Courtroom View Network.
The trial is the first in the country to take place involving Abbott’s Similac brand formula, and just the second NEC baby formula trial overall after an Illinois jury returned a $60 million verdict in a trial involving Mead Johnson’s Enfamil formula earlier this year. Thousands of similar lawsuits are pending in state and federal court.
At both trials, plaintiffs maintain the formula caused infants to develop a form of intestinal inflammation called necrotizing enterocolitis, or NEC. They maintain formula manufacturers aggressively marketed their products to hospitals despite knowing these risks, but the companies argue those claims are based on flawed science, and that formulas like Enfamil safely provide acutely needed nourishment to vulnerable infants.
The full trial is being webcast live in real-time by CVN, and the proceedings are also available for on-demand viewing. This includes all witness testimony in the roughly four-week trial, which is taking place before 22nd Circuit Judge Michael Noble.
During Tuesday’s openings, Jake Plattenberger of TorHoerman Law LLC, representing plaintiff Margo Gill, told jurors that her premature daughter suffered devastating health effects from NEC. He focused on Abbott’s marketing materials which urged sales representatives to “own the NICU” but stressed the company never provided any warnings about the alleged risk of NEC.
Representing Abbott, attorney James Hurst of Kirkland & Ellis attributed Gil’s daughters’ medical issues to a “major hypoxic event” suffered during birth. He explained that she numerous pulmonary hemorrhages and multiple surgeries before receiving any Similac, and he stressed that Similac is given to babies that are already in precarious health.
CVN screenshot of defense attorney James Hurst delivering his opening statement
In addition to the current trial marking the first time claims against Abbott’s formula go before a jury, it is also the first time jurors will decide the issue of punitive damages in a baby formula NEC case. The Illinois jury that returned the initial $60 million verdict only considered compensatory damages.
CVN’s gavel-to-gavel coverage will continue for the duration of the proceedings.
The case is captioned Margot Gill, on behalf of herself and her minor child R.D. v. Abbott Laboratories, et al., case number 2322-CC01251 in Missouri’s 22nd Judicial Circuit in the City of St. Louis.
Email David Siegel at dsiegel@cvn.com
