Abbott, Reckitt face trial over premature baby formula amid alarm from doctors

 A Missouri mother and her lawyers this week will aim to convince a jury that Abbott, Reckitt's Mead Johnson and St. Louis Children's Hospital are responsible for a severe intestinal illness that she says her premature son got from the companies' formulas after he was born at the hospital.

The closely watched trial in St. Louis, Missouri state court, which begins with jury selection on Monday, is part of sprawling litigation that has already resulted in verdicts of $60 million against Reckitt and $495 million against Abbott. Close to 1,000 similar cases are still pending nationwide.

Plaintiffs argue that giving cow's milk-based formula to premature babies - especially the smallest ones, born weighing less than about 1,500 grams or about three pounds - greatly increases their risk of developing necrotizing enterocolitis (NEC). That condition has an estimated fatality rate of more than 20%. They also say the companies had a legal responsibility to warn about that risk, but failed to do so.

Both companies said in statements that the lawsuit's claims are not supported by evidence and that their products are essential for premature babies.

St. Louis Children's did not respond to a request for comment on the litigation.

Large verdicts in the two cases that have so far gone to trial have raised alarm among doctors who fear losing access to products they depend on to feed babies.

Abbott and Reckitt are the only companies selling the formulas at issue, which are specialized products used in newborn intensive care units. In a July investor call, Abbott CEO Robert Ford suggested that they might become unavailable because of the litigation. Reckitt also said it was considering "strategic options" for its formula division.

The products for premature babies are not big sellers, bringing Abbott only about $9 million and Reckitt less than $1 million annually, according to company spokespersons.

"I would say there's a genuine panic," said Jonathan Davis, who is Chief of Newborn Medicine at Tufts Medical Center in Boston.

Doctors say the benefits of breast milk for premature babies on a wide range of measures – including lower rates of NEC – have been known for years, and are reflected in hospital feeding practices. But, they say, formula remains vital to feed babies when the mother's or donated breast milk is unavailable or insufficient.

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