Legal Talk Network - Law News and Legal Topics EP 610- Baby Formula Victory with Jake Plattenberger
May 14, 2025
Jake Plattenberger, an attorney known for challenging the infant formula industry, shares insights from his landmark legal battle against Abbott regarding baby formula and necrotizing enterocolitis. He discusses the emotional journey of clients and explores how aggressive marketing tactics impact NICUs. The conversation delves into the complexities of legal strategies, expert testimonies, and the obstacles in proving causation in cases of medical misdiagnoses. Plattenberger celebrates a significant $400 million verdict, highlighting the importance of advocacy for vulnerable infants.
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Tragic Case of NEC in Premature Infant
- Jake Plattenberger tried a case where a premature baby developed catastrophic necrotizing enterocolitis (NEC) and lost 80% of her bowel.
- The child survived but faces profound lifelong disabilities including cerebral palsy and short gut syndrome.
NICUs as Key Marketing Battleground
- Baby formula manufacturers target NICUs to secure exclusive contracts, giving formula free to hospitals.
- This strategy builds brand loyalty as 78-83% of babies leave hospital on the formula they first receive.
Formula Increases NEC Risk in NICUs
- Donor breast milk is rarely provided to NICUs for free, unlike formula, which creates a financial incentive to use formula.
- The increased risk of NEC in formula-fed preemies is well documented in literature from 1991 onward.