On July 26, a jury found Abbott Laboratories’ specialized formula for premature infants caused an Illinois baby to develop a dangerous bowel disease, ordering the health care company to pay $495 million in damages. The verdict in Missouri state court is the second of such trials. The first was against Mead Johnson.
Hundreds of similar cases are pending in courts around the country. The tort floodgates are open, and there are dangerous consequences, not the least of which are that these lifesaving products could cease to exist in the United States. These low-margin products are manufactured by only two companies, Abbott and Mead Johnson.
Common sense and basic economics point to these companies leaving this crucial product category, leaving high-risk premature infants (along with their parents and health care providers) with nowhere to turn except prayer — and triggering a public health crisis. Dr. Benjamin D.
Hoffman, president of the American Academy of Pediatrics, said: “Courtrooms are not the best place to determine clinical recommendations for the care of infants. Feeding decisions should be made by clinicians and families. These need to be individualized in the context of human milk availability, specific patient needs, and individual family preferences.
” These products are safe and effective from a medical risk-benefit proposition. And according to the Academy of Pediatrics, “These special formulas provide an essential source of nutrition for preterm infants.�.