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TorHoerman Law Obtains $495 Million NEC Verdict as Lead Counsel in Infant Formula NEC Trial Against Abbott Laboratories

Margo Gill vs. Abbott Laboratories

TorHoerman Law obtained a landmark $495 million verdict against Abbott Laboratories following a lawsuit brought by the Gill family concerning infant formula for premature babies.

The case, Margo Gill vs. Abbott Laboratories, centered on claims that Abbott’s formula increased the risk for necrotizing enterocolitis (NEC).

NEC is a serious gastrointestinal disease that primarily affects premature infants, leading to inflammation and bacterial infection in the intestines.

The disease can cause the death of intestinal tissue and, in severe cases, can be life-threatening.

TorHoerman Law represented Margo Gill and her daughter in the trial against Abbott Laboratories, with attorney Jake Plattenberger arguing that Abbott was aware of the risks but failed to provide adequate warnings or instructions to prevent harm.

495 Million Verdict Obtained by TorHoerman Law as Lead Counsel in Infant Formula NEC Trial Against Abbott Laboratories

Margo is the mother of Robynn, a young girl who tragically developed necrotizing enterocolitis (NEC) after being given Abbott’s baby formula as a premature infant.

Internal documents from Abbott, revealed in the trial, showed the company knew as early as 2009 that NEC has a significant formula feeding component.

Despite having knowledge that premature babies are at an increased risk of developing NEC when given cow’s milk formula, Abbott did not provide parents of NICU babies any information regarding the risk, incidence, or severity of NEC for babies on formula versus human milk.

The company admitted this in the trial.

Robynn, now almost three years old, had approximately 75 percent of her intestine removed following her NEC diagnosis, and suffered brain damage.

She will need intensive care for the rest of her life, and this verdict will provide the necessary financial support to cover her extensive medical and care needs.

On July 26, 2024, the jury delivered its verdict, holding Abbott accountable and liable to pay compensatory damages of $95 million and punitive damages of $400 million. 

Attorney Tor Hoerman said:

“Justice was served for Margo Gill and her daughter Robynn, who suffered severe, irreversible brain damage due to Abbott’s misconduct… Abbott has known for years that its cow’s milk-based formula significantly increases the risk of necrotizing enterocolitis (NEC) in premature babies, and families like the Gills had their lives changed forever due to the company’s refusal to warn families and physicians.”

Jake Plattenberger served as lead trial counsel along with Tor Hoerman, aided by the counsel of many other attorneys and experts across the bar.

TorHoerman Law represents more than 800 families that have been devastated by NEC due to misconduct of formula manufacturers, and we are committed to obtaining justice for all of them.

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NEC Bellwether Cases

Drawing national attention and press, this case against Abbott Laboratories is the larger of two bellwether trial victories against formula manufacturers regarding the links between their products and an increased risk of necrotizing enterocolitis (NEC).

A previous trial in St. Clair County, IL resulted in a $60 million verdict against Mead Johnson (Reckitt Benckiser) in a case involving a premature infant who tragically passed away from NEC after being fed Mead Johnson’s preterm infant formula.

These substantial awards add a significant layer to the growing calls for accountability from formula manufacturers and set a powerful precedent for future NEC-related lawsuits.

Our Lawyers are Accepting New Clients for the NEC Lawsuit

TorHoerman Law is committed to advocating for the rights of individuals harmed by negligent corporate practices, ensuring that justice is served and that such incidents are prevented in the future.

Our NEC Lawyers are still accepting new cases for the mass tort litigation against major infant formula manufacturers.

Parents of children who developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula may be eligible to take legal action against manufacturers.

Contact our law firm for a free consultation to see if you qualify for filing a Toxic Baby Formula NEC Lawsuit.

You can also use the chatbot on this page for an instant case evaluation.

Frequently Asked Questions

  • What was the outcome of the July NEC Trial?

    TorHoerman Law obtained a landmark $495 million verdict against Abbott Laboratories in the Margo Gill vs. Abbott Laboratories trial.

    The jury awarded $95 million in compensatory damages and $400 million in punitive damages to Margo Gill and her daughter Robynn.

  • What is Necrotizing Enterocolitis (NEC) and How Does it Affect Premature Infants?

    Necrotizing enterocolitis (NEC) is a severe gastrointestinal disease primarily affecting premature infants. It causes inflammation and bacterial infection in the intestines, which can lead to tissue death and perforation of the intestinal walls.

    NEC can result in severe complications such as infection, sepsis, and potentially fatal outcomes.

    Premature infants are particularly vulnerable due to their underdeveloped immune systems and intestines.

  • What is the NEC Baby Formula Lawsuit?

    The NEC Baby Formula Lawsuit is a mass tort lawsuit filed against Abbott Laboratories and Mead Johnson & Company.

    Plaintiffs, typically mothers of premature infants, are claiming that cow’s milk-based infant formula made by Abbott and Mead Johnson increases the risk of necrotizing enterocolitis, and the companies failed to warn consumers and healthcare providers about the increased risk of NEC.

  • What are Bellwether Trials and How Do They Impact the NEC Lawsuits Against Formula Manufacturers?

    Bellwether trial cases are representative lawsuits chosen from a larger group of similar cases to be tried first, helping to predict outcomes and guide settlement negotiations in the broader litigation.

    Though there is a NEC Multidistrict Litigation (MDL) in the US District Court for the Northern District of Illinois, the most recent NEC trials have been from cases outside the consolidated litigation and in state courts.

    NEC bellwether trials selected from the MDL will proceed in early 2025.

    The substantial awards in the bellwether trials against Abbott Laboratories and Mead Johnson set a powerful precedent for future NEC-related lawsuits.

  • How Can Parents of Children Affected by NEC Seek Compensation?

    TorHoerman Law is still accepting new cases for the mass-tort litigation against major infant formula manufacturers.

    Parents of children who developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula may be eligible to take legal action.

    Contact TorHoerman Law using the chat on this page for a free consultation.

Published By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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