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Abbott Presses Congress for Legal Shield Over Preemie Baby Formula Lawsuits
Insurance Journal· 2025-12-11 15:06
Core Viewpoint - Abbott Laboratories, a major player in the premature baby formula market, is threatening to withdraw its products unless it receives legal protections from lawsuits related to infant deaths allegedly linked to its formula [1][5]. Group 1: Legal Challenges and Company Response - Abbott is facing hundreds of lawsuits claiming its formula increases the risk of necrotizing enterocolitis (NEC), a severe bowel disease affecting premature infants, with one jury awarding $500 million to a family for related damages [3][7]. - The company has invested millions in lobbying efforts to seek legal protections, including a proposed law to dismiss all pending lawsuits and shield it from future claims [6][8]. - Abbott's preemie products generate only several million dollars annually but pose a potential liability risk of up to $4 billion for the company [7]. Group 2: Market Dynamics and Regulatory Environment - The baby formula market has been under scrutiny due to recent scandals and shortages, with Abbott's actions drawing attention from policymakers [2][25]. - Abbott's lobbying efforts have included proposals for a liability shield similar to those used by the firearm and vaccine industries, aiming to limit legal exposure while providing compensation for claims [26][27]. - The FDA's top food official, who previously defended Abbott in NEC lawsuits, may influence future regulatory decisions once his recusal period ends [30]. Group 3: Scientific and Medical Community Perspectives - The medical community acknowledges that while human milk reduces NEC risk, the exact causes of NEC remain unclear, complicating Abbott's defense [4][14][22]. - A joint statement from health agencies indicated no conclusive evidence linking preterm infant formula to NEC, which Abbott is using in its legal defense [17]. - Some experts express concerns about the terminology used in reports regarding NEC, suggesting that more research is needed to understand the condition fully [22].