By Jonathan Stempel

(Reuters) – Abbott Laboratories (NYSE:) persuaded a federal choose to dismiss some claims in nationwide litigation over recalled child system.

In a call on Monday, U.S. District Choose Matthew Kennelly in Chicago dismissed claims by dad and mom pursuing solely “financial loss” claims associated to Similac and different system that they mentioned had a “substantial danger” of micro organism contamination.

The dad and mom mentioned they’d not have purchased or would have paid much less for system however for the Abbott Park, Illinois-based firm’s claims that it was protected.

However the choose mentioned the dad and mom lacked standing to sue, saying they didn’t present which Abbott merchandise or tons have been contaminated, or that their kids skilled signs.

“In brief, the plaintiffs acquired precisely what they are saying they bargained for: protected toddler system,” Kennelly wrote.

The choose additionally issued selections that narrowed however didn’t dismiss two associated lawsuits towards Abbott.

In a single, 28 plaintiffs introduced private damage claims alleging that Abbott’s system prompted salmonella contamination, bacterial meningitis and different well being issues.

The opposite lawsuit by eight plaintiffs alleged that Similac merchandise contained heavy metals and have been manufactured in unsanitary selections.

The litigation adopted Abbott’s February 2022 closure of a child system plant in Sturgis, Michigan and subsequent recollects, which collectively prompted a nationwide scarcity of system.

Final Could, Meals and Drug Administration Commissioner Robert Califf instructed Congress that circumstances within the plant have been “egregiously unsanitary.” The plant reopened in July.

In an announcement, Abbott mentioned it believed the lawsuits have been with out benefit. It additionally mentioned no “sealed, distributed product” from the Michigan plant had examined constructive for salmonella or for Cronobacter sakazakii, a micro organism that may trigger meningitis.

Sam Geisler, a lawyer at Aylstock, Witkin, Kreis, & Overholtz co-leading the litigation, mentioned the plaintiffs have been reviewing their subsequent steps.

“The tip purpose has been, is now, and can proceed to be holding Abbott accountable for placing the lives of probably the most susceptible in danger,” Geisler mentioned in an e mail.

Separate nationwide litigation earlier than a distinct Chicago choose entails claims that Abbott’s system prompted a lethal sickness in preterm infants. Abbott has denied these claims.

The instances are: In re Recalled Abbott Toddler Components Merchandise Legal responsibility Litigation, U.S. District Court docket, Northern District of Illinois, No. 22-04148; and Willoughby et al v. Abbott Laboratories in the identical court docket, Nos. 22-01322 and 23-00338.