Abbott Laboratories (ABT) is facing a retrial of a case, alleging its formula milk was harmful to infants, on grounds of prejudiced or erroneous rulings in a state court in Missouri last year.

A jury last October handed a unanimous verdict siding with Abbott, Mead Johnson, Mead Johnson

Nutrition and St. Louis Children's Hospital after hearing a lawsuit brought by the family of a preterm infant who developed problems after being fed formula made by the companies.

The plaintiffs sought to have the case retried, contending counsel for the companies made multiple misleading statements throughout the trial, including allegations that the mother smoked tobacco and marijuana during pregnancy rather than the formula that developed necrotizing enterocolitis.

The court approved a minor settlement between the defendant and the hospital. Case against Abbott and Mead, however, will proceed to a trial.

"The court finds the errors and misconduct were so prejudicial that affected the credibility of evidence with extreme passion and bias that denied plaintiff a fair trial and undermined the entire judicial process," Missouri Circuit Court Judge Michael W. Noble said in his March 13 decision.

Abbott Labs did not immediately reply to a message from MT Newswires seeking comment.

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