A Cook County Circuit Court jury returned a $70 million verdict against Abbott Laboratories on April 11, 2026, in a consolidated trial brought by mothers whose premature infants developed necrotizing enterocolitis, a severe intestinal condition, allegedly caused by Abbott's cow's milk-based premature infant formula [1]. The case, captioned Mendez et al. v. Abbott, represented the first consolidated multi-plaintiff trial to reach verdict in the broader NEC formula litigation [1]. Plaintiffs' counsel Kawanabe led trial for the plaintiff side [1]. The claims surviving to trial included products liability, negligence, and failure to warn [1].
The jury allocated $53 million in compensatory damages and $17 million in punitive damages [1]. The punitive component signals that jurors found Abbott's conduct warranted punishment beyond making plaintiffs whole, a threshold that typically requires a finding of recklessness or conscious disregard for consumer safety. Abbott has consistently contested causation in the NEC formula litigation, arguing that the scientific evidence does not establish a reliable link between its formula products and NEC in premature infants.
The Cook County verdict arrives as a wave of similar cases proceeds through state and federal courts. Analysts tracking the litigation have estimated that total potential exposure across all pending NEC formula claims could reach $3 billion [1]. The April 11 outcome is likely to sharpen settlement calculus for Abbott and, depending on how appellate review proceeds, could influence evidentiary rulings in subsequent trials.
Post-trial motions challenging the verdict or the punitive award are expected. Abbott has not publicly confirmed whether it will seek judgment notwithstanding the verdict or file for remittitur of the punitive component, but both are standard defense steps following an adverse jury verdict of this magnitude. No sentencing or further damages phase is scheduled; the $70 million figure represents the jury's complete award.
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