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Plaintiff alleges Pharmaceutical Company misled public on Infant Formula Safety

COOK COUNTY RECORD

Sunday, December 22, 2024

Plaintiff alleges Pharmaceutical Company misled public on Infant Formula Safety

Federal Court
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John Robert Blakey, Senior Judge at USDC Northern District Illinois | https://upload.wikimedia.org/wikipedia/

A mother has filed a lawsuit against a major pharmaceutical company, alleging that their infant formula caused severe health issues for her premature child. On October 11, 2024, Shalonda Archibald submitted the complaint in the United States District Court for the Northern District of Illinois against Abbott Laboratories.

The case centers around Archibald's premature infant, M.L., who developed Necrotizing Enterocolitis (NEC) after being fed Abbott's cow’s milk-based infant formula. NEC is a serious intestinal disease that can lead to surgery or even death, and it is more prevalent in premature infants with low birth weights who consume cow’s milk-based products. Archibald claims that Abbott misrepresented their product as safe and comparable to human breast milk, despite evidence suggesting otherwise. She argues that the company's negligent design, marketing, and failure to warn about the risks associated with their formula directly contributed to her child's illness.

Archibald's lawsuit highlights numerous studies linking cow’s milk-based formulas to increased NEC risk in preterm infants. For instance, research from as early as 1990 indicated significantly higher rates of NEC in formula-fed babies compared to those who received breast milk. Subsequent studies have consistently supported these findings, showing that exclusive human milk diets drastically reduce NEC incidence among preterm infants. Despite this body of evidence and the availability of safer alternatives derived from human milk, Abbott continued promoting its cow’s milk-based products without adequate warnings about potential dangers.

In her complaint, Archibald seeks compensatory damages exceeding $75,000 for medical expenses and emotional distress caused by M.L.'s condition. She accuses Abbott of strict liability due to defective product design and negligence for failing to conduct proper safety testing or provide sufficient warnings about NEC risks. Additionally, she demands punitive damages for what she describes as willful misconduct on Abbott's part.

Representing Archibald are attorneys James R. Ronca and Paola Pearson from Anapol Weiss law firm based in Philadelphia. The Case ID is: 1:24-cv-09971

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