Plaintiffs in Contaminated Infant Formula MDL Oppose Abbott’s Dismissal Efforts
March 28, 2023
CHICAGO — Plaintiffs in the multidistrict litigation for cases alleging contamination of certain Similac powdered infant formulas have opposed Abbott Laboratories Inc.’s motion to dismiss their consolidated class action complaint, arguing they have Article III standing.
In a March 24 filing in the U.S. District Court for the Northern District of Illinois, plaintiffs argue they pled a “traditional tangible harm” in the form of “monetary harm.”
“As the First Circuit recently observed, an allegation of ‘monetary harm’ stemming from a defective product sufficiently confers standing irrespective of whether the individual plaintiff’s actual product was defective,” the plaintiffs argue, citing In …