Abbott Laboratories has successfully won a key victory in a bellwether case within multidistrict litigation (MDL) concerning the company’s Similac baby formula. A federal judge in Illinois ruled in favor of Abbott, determining that the company is not liable for the tragic death of a premature infant who consumed its formula.
U.S. District Judge Rebecca R. Pallmeyer granted summary judgment to Abbott on Friday, terminating all pending motions in the case, which was originally set to go to trial in just over a week. This ruling marks a significant development in the ongoing legal proceedings involving Abbott’s Similac and its competitor Enfamil formulas, both of which have been the subject of numerous lawsuits related to infant health risks.
Ericka Mar, the mother of the late RaiLee, a baby born 12 weeks premature, had filed suit against Abbott after her daughter developed necrotizing enterocolitis (NEC), a severe gastrointestinal illness, shortly after consuming Abbott’s cow’s milk-based formula. Despite medical efforts, RaiLee passed away just days after birth.
While Judge Pallmeyer acknowledged that Abbott could have issued stronger warnings regarding the risks of its formula, she found that the company could not be held liable in this instance. “At the time and location of this baby’s birth, cow’s milk-based infant formula was the only option to feed her,” Judge Pallmeyer stated. The court emphasized that Abbott was not responsible for failing to warn about a potentially better alternative that was not available at the time.
The judge made it clear that her findings in this case are limited to the specific facts of Mar’s lawsuit and do not set a precedent for other claims in the broader MDL. Other plaintiffs in similar cases may be able to present more compelling evidence or expert testimony that could affect their outcomes.
The attorneys representing the Mar family expressed disappointment in the ruling, describing it as devastating for the family. “This is a family who was destroyed by bad behavior from Abbott Laboratories, a multi-billion-dollar corporation, which was aware of the risk of its products for at least 20 years before RaiLee’s birth,” they stated. The legal team emphasized that the case was limited to the facts of this particular suit and vowed to continue advocating for other families harmed by Abbott’s products.
Abbott has not yet commented on the ruling. The case is part of a larger litigation, In Re: Abbott Laboratories et al. Preterm Infant Nutrition Products Liability Litigation (MDL No. 3026), and this bellwether trial was among the first selected to proceed.
Judge Pallmeyer’s decision noted the heartbreaking nature of the loss for the Mar family but reiterated that Mar’s claims did not meet the legal standards necessary for a successful trial outcome. The judge also emphasized that Prolacta, an alternative human-milk-based formula, was not available when RaiLee was born, and Mar had failed to present evidence proving the feasibility of such an alternative.
This decision is part of ongoing litigation that will continue to unfold in federal court. The MDL remains active, with numerous cases against Abbott and Mead Johnson pending. The ruling is a key moment in the legal proceedings and may influence how similar cases are addressed moving forward.
