GHealth News – A U.S. federal judge ruled that expert testimony claiming Abbott Laboratories and Mead Johnson’s cow’s milk-based formula for premature babies can cause necrotizing enterocolitis (NEC), a deadly intestinal disease, will be allowed in upcoming trials. This decision affects over 700 lawsuits consolidated in Chicago federal court. However, in a separate ruling, the judge dismissed the first scheduled case, stating the plaintiffs failed to prove that Abbott’s lack of warnings caused the infant’s death or that a safer alternative formula existed.
Despite this setback, plaintiffs’ attorneys see the expert testimony ruling as a win for continuing litigation. The lawsuits allege the companies failed to warn about NEC risks, which predominantly affects premature infants and has a high mortality rate. Both companies deny their formulas cause NEC, citing the known protective benefits of breast milk.
Verdicts in earlier state court cases awarded $60 million against Mead Johnson and $495 million against Abbott, though both companies won the most recent trial—until it was overturned for improper conduct. The American Academy of Pediatrics has backed Mead Johnson in appealing a previous verdict, warning that the lawsuits could jeopardize the availability of formula critical to premature infant care.