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You are here: Home / ARTICLES / Abbott and Mead Johnson Win Defense Verdict in Latest NEC Trial

Abbott and Mead Johnson Win Defense Verdict in Latest NEC Trial

November 1, 2024
Written by Christopher Migliaccio | Last updated on June 12, 2025

Table of Contents

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  • Background on NEC Lawsuits
  • Details of the Recent Verdict
  • Implications for Future NEC Litigation

On October 31, 2024, a Missouri state jury ruled in favor of Abbott Laboratories and Mead Johnson in a high-profile trial concerning claims that their cow’s milk-based infant formulas caused necrotizing enterocolitis (NEC) in a premature infant. A major win for Abbott and Mead Johnson came in the form of a favorable verdict in the NEC trial, a stark contrast to previous multi-million dollar losses.  Plaintiffs slapped a staggering $6 billion price tag in damages on Abbott and Mead Johnson, claiming the companies turned a blind eye to the risks tied to their preterm infant formulas.  Their chief accusation? Inadequate warnings left parents and caregivers flying blind.

Background on NEC Lawsuits

To make sense of the NEC lawsuits, we must step back and assess the situation that brought us to this point – the twists and turns that created a perfect storm of disputes and antagonisms.
In a judicial tidal wave, more than 900 NEC-related lawsuits have crashed onto the dockets of state and federal courts, with this case just one of many. Premature infants are vulnerable to a severe intestinal disease called NEC, which brings with it a高 mortality rate and lifelong health implications. Plaintiffs in these cases claim that cow’s milk-based formulas increase the risk of NEC and that the manufacturers did not provide adequate warnings to parents or medical professionals. Not so long ago, we saw instances where the courts awarded significant damages, notably $60 million to Mead Johnson and a whopping $495 million to Abbott.

Details of the Recent Verdict

After a five-week trial, the Missouri jury handed down a defense verdict for Abbott and Mead Johnson, rejecting the claim for $6 billion in punitive damages. What this result actually shows us is that if you tweak the finer points of a case or encounter different jurors, you can get a wildly different outcome – a reality that both companies can now attest to. This verdict does not set a precedent, so upcoming cases will still be judged independently, and future verdicts could differ.

Implications for Future NEC Litigation

NEC lawsuits of tomorrow will be shaped by the precedents set today, casting a long shadow over the legal landscape.  With this verdict, the NEC lawsuits just got a whole lot more interesting – and complex.  With this verdict, the rules of the game have changed: lawyers now need to think outside the box and adapt their strategies on the fly.  Both Abbott and Mead Johnson’s executives have been frank about how these cases have influenced their business strategies. As liability looms, Abbott may withdraw its formula products for preemies while Mead Johnson reassesses its offerings to dodge potential financial bullets.

This case is more than just an isolated incident – it’s part of a larger pattern of NEC lawsuits. So what does it mean for the next round of courtroom showdowns? The newly-minted defense verdict might provide a temporary sense of clarity, but as we sift through the hundreds of cases still pending, it’s clear the narrative is far from set in stone. Stay informed on future news here.

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Article Category: Life & Legal Insights

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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