A federal judge has thrown out a second case against Abbott Laboratories over the safety of its formula for babies born prematurely — a decision with potential implications for hundreds of other similar cases.
In the case, Maryland woman Keosha Diggs alleged that her son developed a life-threatening intestinal disease called necrotizing enterocolitis (NEC) after being fed specialized cow’s milk formula made by Abbott. Her son, who was born at 32 weeks gestation, then had to undergo surgery to remove a section of his intestine.
U.S. District Judge Rebecca Pallmeyer issued an opinion and order granting Abbott’s motion for summary judgement in the case Friday, several weeks after indicating at a hearing that she would do so.
The case had been scheduled to go to trial this month, and would