Baby Formula Suit Against Abbott Survives

Law360, New York (July 28, 2009, 5:59 PM EDT) -- A judge has tossed liability, negligence and breach of contract claims against Abbott Laboratories in a lawsuit alleging the company's infant formula rendered one baby brain-damaged, but left room for the parents to file a fourth amended complaint for inadequate warning.

Judge John Tunheim tossed all four claims, one without prejudice, in his ruling on Friday in the U.S. District Court for the District of Minnesota. He also granted motions to dismiss by Bristol-Myers Squibb Co. and Mead Johnson Nutrition Co.

His decision gives the parents...
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