Missouri Judge Bars Kirkland Partner from Abbott Infant Formula Trial
In a high-profile case involving Abbott Laboratories and the safety of its infant formula, Missouri Judge Michael Noble has imposed sanctions on Kirkland & Ellis partner James Hurst, prohibiting him from representing Abbott in the trial. Judge Noble, of the St. Louis City Circuit Court, cited Hurst’s “bad faith” conduct, pointing to repeated violations of court protocol and efforts to influence the jury improperly. Hurst, a prominent trial lawyer, has been a key litigator for Abbott, representing the company against allegations that its infant formula contributed to necrotizing enterocolitis (NEC) in premature infants.
The current case involves allegations from the family of a premature infant born in 2017, who developed NEC shortly after birth. The family claims that Abbott’s formula, along with Mead Johnson’s product, caused the condition. St. Louis Children’s Hospital is also named in the suit. This case is part of a larger series of lawsuits against Abbott, which assert that the company failed to warn consumers of risks associated with its infant formula products. In July, Abbott faced a substantial loss when a St. Louis jury awarded nearly $500 million to the family of a child who suffered brain damage after consuming Abbott’s Similac Special Care 24. That verdict is under appeal.
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Court Ruling on Hurst’s Conduct
Judge Noble’s sanctions stem from Hurst’s approach during the cross-examination of a physician witness. Noble noted that Hurst admitted on record to presenting evidence “intended to inflame and bias the jury,” despite previous court instructions prohibiting such tactics. According to Noble, Hurst “repeatedly either attempted to violate or overtly crossed the lines” set by the court, appearing to provoke a mistrial.
Hurst had delivered the opening arguments earlier this month but will not be allowed to make closing arguments. In defense of Hurst, Kirkland & Ellis spokesperson Kate Slaasted highlighted his “impeccable trial record,” noting that he has “successfully managed cases for 30 years across various jurisdictions with utmost professionalism.” Abbott spokesperson Scott Stoffel echoed this sentiment, describing Hurst as “an exceptional trial lawyer” who acted professionally and ethically.
The defense argued that Hurst’s actions constituted “zealous advocacy” rather than bad faith and attempted to overturn the sanctions, contending they were excessive and that the intended deterrent effect had been met. However, Judge Noble upheld the sanctions, calling them “measured and appropriate” given the circumstances. He clarified that Hurst could remain in the courtroom but would not participate further in the trial. Noble also denied the plaintiffs’ request to strike the defense’s pleadings.
Hurst’s Brief Retirement and Return to Kirkland
Hurst briefly retired from Kirkland & Ellis last year but returned after a few months, expressing enthusiasm for continuing his trial work. Known as one of the top trial lawyers in the country, Hurst is a member of the American College of Trial Lawyers, an organization that recognizes elite attorneys known for their “exemplary” ethics and integrity.
Exclusion of Key Evidence
In the case, Abbott and Mead Johnson had sought to introduce portions of a report from the Department of Health and Human Services recommending feeding preterm infants as soon as possible “by whatever means are available.” The FDA, CDC, and NIH recently stated there is “no conclusive evidence that preterm infant formula causes NEC.” However, Judge Noble excluded the report and related statements from the trial, citing them as “an unfair and prejudicial surprise” since they were introduced after the discovery phase.
Tensions and Mistrial Requests
Abbott has also sought a mistrial, alleging that the plaintiffs’ attorneys implied a witness consulted with defense counsel mid-testimony, a suggestion Abbott’s legal team labeled “highly prejudicial.” No response has been received from Timothy Cronin, lead counsel for the plaintiffs, regarding these claims.
The case, Whitfield v. St. Louis Children’s Hospital, is being heard in the Missouri Circuit Court, case number 2222-CC06214. Judge Noble’s rulings and sanctions add a complex layer to an already intense trial, underscoring the high stakes involved in this and other similar cases Abbott faces over the alleged risks of its infant formula products.
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