Abbott Wins Third Bellwether as Judge Rules Human-Milk Alternative ‘Unfeasible’

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Abbott Applauds Ruling; Plaintiffs’ Attorneys Silent

In a statement Friday, an Abbott spokesperson welcomed the court’s “thoughtful consideration” of scientific evidence, reaffirming that the company’s products are “safe and vital to the care of premature infants.”

Attorneys for Brown and Etienne, represented by Irpino Avin & Hawkins, were not immediately available for comment.

Other plaintiffs in the MDL are represented by Johnson Becker PLLC, Lieff Cabraser Heimann & Bernstein LLP, DiCello Levitt LLP, and Levin Rojas Camassar & Reck LLC, with Peiffer Wolf Carr Kane Conway & Wise serving on the plaintiffs’ executive committee.

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Abbott is represented by powerhouse firms Kirkland & Ellis LLP and Winston & Strawn LLP.

The Broader Picture

This marks Abbott’s third victory in the first four bellwether trials of the MDL — a strong indication of the defense’s momentum as hundreds of similar claims remain pending.

With science, scale, and practicality on its side, Abbott’s courtroom streak underscores a harsh reality: in the delicate balance between risk and necessity, sometimes even imperfect solutions are indispensable.