Judge tosses out some claims in Abbott baby formula litigation
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[May 23, 2023]
By Jonathan Stempel
(Reuters) - Abbott Laboratories persuaded a federal judge to dismiss
some claims in nationwide litigation over recalled baby formula.
In a decision on Monday, U.S. District Judge Matthew Kennelly in Chicago
dismissed claims by parents pursuing only "economic loss" claims related
to Similac and other formula that they said had a "substantial risk" of
bacteria contamination.
The parents said they would not have bought or would have paid less for
formula but for the Abbott Park, Illinois-based company's claims that it
was safe.
But the judge said the parents lacked standing to sue, saying they did
not show which Abbott products or lots were contaminated, or that their
children experienced symptoms.
"In short, the plaintiffs received exactly what they say they bargained
for: safe infant formula," Kennelly wrote.
The judge also issued decisions that narrowed but did not dismiss two
related lawsuits against Abbott.
In one, 28 plaintiffs brought personal injury claims alleging that
Abbott's formula caused salmonella contamination, bacterial meningitis
and other health problems.
The other lawsuit by eight plaintiffs alleged that Similac products
contained heavy metals and were manufactured in unsanitary decisions.
![](http://archives.lincolndailynews.com/2019/Sep/05/images/ads/current/stclara_lda_SPONSOR_090519.png)
The litigation followed Abbott's February 2022 closure of a baby formula
plant in Sturgis, Michigan and subsequent recalls, which together caused
a nationwide shortage of formula.
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![](../images/052323PIX/health35.jpg)
Abbott Laboratories logo is displayed on
a screen at the New York Stock Exchange (NYSE) in New York City,
U.S., October 18, 2021. REUTERS/Brendan McDermid
![](http://archives.lincolndailynews.com/2017/Jul/22/images/ads/current/rohlfs_lda_072017.png) Last May, Food and Drug
Administration Commissioner Robert Califf told Congress that
conditions in the plant were "egregiously unsanitary." The plant
reopened in July.
In a statement, Abbott said it believed the lawsuits were without
merit. It also said no "sealed, distributed product" from the
Michigan plant had tested positive for salmonella or for Cronobacter
sakazakii, a bacteria that can cause meningitis.
Sam Geisler, a lawyer at Aylstock, Witkin, Kreis, & Overholtz
co-leading the litigation, said the plaintiffs were reviewing their
next steps.
"The end goal has been, is now, and will continue to be holding
Abbott accountable for putting the lives of the most vulnerable at
risk," Geisler said in an email.
Separate nationwide litigation before a different Chicago judge
involves claims that Abbott's formula caused a deadly illness in
preterm infants. Abbott has denied those claims.
The cases are: In re Recalled Abbott Infant Formula Products
Liability Litigation, U.S. District Court, Northern District of
Illinois, No. 22-04148; and Willoughby et al v. Abbott Laboratories
in the same court, Nos. 22-01322 and 23-00338.
(Reporting by Jonathan Stempel in New York; Editing by Marguerita
Choy and Himani Sarkar)
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