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A Missouri jury recently found that the specialized baby formula, Similac Special Care 24, which is frequently used in neonatal intensive care units for premature babies, caused a dangerous bowel disease in a newborn and rendered a $495 million verdict against the manufacturer, Abbott Laboratories. The jury verdict is the second case to go to trial this year over the dangers of specialized formula, with Abbott’s competitor, Mead Johnson (acquired by Reckitt Benckiser) also facing similar claims over its Enfamil formula. All of these lawsuits involve products that are specially made for babies in hospital settings and are not products that are available to consumers in retail stores.

What Happened?

When babies are born prematurely, they are often given specialized cows’ milk formulas while in the neonatal intensive care units to increase their weight. When Margo Gill gave birth to her daughter, Robynn Davis, at only 26 weeks gestation in August 2021, Davis began taking Abbott’s Similac formula in October. Within 72 hours, Davis developed necrotizing enterocolitis (NEC), a gastrointestinal disease that affects low birth weight and preterm infants. NEC, which causes the necrosis of bowel tissue, has a fatality rate between 15% to 40%. Although Davis survived, she needed to have 75% of her intestines removed. She cannot eat normally, relies on a wheelchair for mobility, and suffers from brain damage. Her injuries will require permanent, around-the-clock care for the rest of her life.

$495 Million Verdict Against Abbott Laboratories for Disease-Causing Baby Formula

What Happened?

On October 18, 2018, Plaintiff Deborah Nagy (age 63 at the time) was dining at an Outback Steakhouse located in Green Brook, New Jersey with her husband and two friends. When she left the table to go to the restroom, she slipped and fell on a greasy substance outside the restaurant’s kitchen. Mrs. Nagy remained on the floor until paramedics arrived and she was then transported to a hospital via ambulance. She suffered a hip fracture in multiple places and underwent surgery the following day. She remained in the hospital for another three days and was then transferred to an inpatient rehabilitation facility where she remained for another five days. Mrs. Nagy subsequently developed arthritis in her left hip and was recommended to undergo a total hip replacement.

Mrs. Nagy and her husband filed a lawsuit against Outback on January 21, 2019, in New Jersey state court, but Outback removed the action to federal court in New Jersey -- Deborah Nagy and Roger Nagy v. Outback Steakhouse of Florida LLC, 19-CV-18277. The lawsuit alleged that Outback created a hazardous condition which resulted in Mrs. Nagy’s permanent injuries.

Outback Steakhouse Denied New Trial After $2.75 Million Verdict

Since the lawsuits against Monsanto (owned by Bayer AG) and its Roundup weed killer alleged to cause non-Hodgkin lymphoma were first consolidated into a multidistrict litigation back in 2016, the number of cases kept growing as the defendant company entered into settlement agreements with some and went to trial on others. Recently, in two separate orders issued by the presiding MDL judge, two of these pending cases have been dismissed – one for failure to prosecute and another for failing to respond to a summary judgment motion – suggesting that plaintiffs’ attorneys cannot manage the massive influx of litigation that has resulted since the creation of this MDL.

The Court’s Orders

U.S. District Judge Vince Chhabria, the judge presiding over the MDL in the U.S. District Court of the Northern District of California, In re: Roundup Products Liability Litigation, 3:16-md-02741, granted Monsanto’s summary judgment motion in a case brought by plaintiff Ricky Beavers, Jr. of Washington, the only MDL plaintiff represented by Charles Lewis Meyer (Beavers v. Bayer Co. et al., 3:20-cv-08799). Counsel for Beavers did not respond to the summary judgment motion, resulting in a win-by-text order for Monsanto.

Two Cases Dismissed in Monsanto Roundup Multidistrict Litigation

The DOJ and Boeing are finalizing the full plea agreement and plan to file it in federal court in Texas by July 19. A judge must approve the plea deal.

Despite this plea deal, Boeing still faces a criminal probe into the more recent 737 Max Alaska Airlines incident where a door blew out of the jet during a flight.

The Fatal Crashes and the 2021 Non-Prosecution Agreement

Boeing Pleads Guilty to Fraud During US Investigation of Deadly 737 Max Crashes

In a reversal of a significant judgment, the Indiana Court of Appeals overturned a $1.3 million award (reduced from an initial $11 million verdict) in favor of Hetep Bilal "Franklyn" Neter-Nu. Neter-Nu had sued the hospital for negligence resulting in leg amputation. The appellate court's decision hinged on its identification of numerous prejudicial errors committed during the original trial proceedings.

The appellate court panel overturned a jury’s decision that held Methodist Hospital in Gary, Indiana, along with Dr. Zainab Abbas and nurse Morgan Mittler, accountable for medical malpractice. This reversal, issued on June 11, was based on several judicial missteps by Superior Court Judge Bruce D. Parent.

One significant oversight was Judge Parent’s decision to exclude any deliberation on whether the complainant could have contributed to his own harm, despite the considerable 87-hour gap “between Neter-Nu leaving Methodist Hospital and arriving at urgent care in Iowa," which ultimately led to his leg amputation.

Indiana Court Overturns $1.3 Million Amputation Verdict

What is FRE 701?

Federal Rule of Evidence 701 permits the opinion testimony of a witness who is not qualified as an expert if the testimony meets the following criteria:

Rationally Based: The opinion offered is grounded in the witness's perception or personal knowledge.

Insights Categories

$495 Million Verdict Against Abbott Laboratories for Disease-Causing Baby Formula

Outback Steakhouse Denied New Trial After $2.75 Million Verdict

Two Cases Dismissed in Monsanto Roundup Multidistrict Litigation

Boeing Pleads Guilty to Fraud During US Investigation of Deadly 737 Max Crashes

Indiana Court Overturns $1.3 Million Amputation Verdict

Federal Rule 701: Understanding Lay Witness Testimony