Personal Injury Claims in Abbott Infant Formula MDL Survive Dismissal Motion

CHICAGO — The judge overseeing the cases arising from the alleged contamination of certain lots of Abbott Laboratories’ powdered infant formula has denied the company’s motion to dismiss plaintiffs’ fraud-based personal injury claims, ruling they were pled with the particularity required by Federal Rule of Procedure 9(b).

In a May 22 order, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois found plaintiffs plausibly pled Abbott misrepresented the safety of its Similac formula and that they relied upon the alleged misrepresentations and omissions.

The actions arise from alleged contamination of certain powdered infant formulas manufactured …