Judge To Rule On Claims In Suit Alleging Tainted Probiotic Killed Infant

A Superior Court judge is expected to decide by year’s end whether to limit the allegations in a lawsuit filed by the estate of a newborn, Calvin Jimmy Lee-White, who died after being given a dietary supplement at Yale New Haven Hospital in 2014. The infant’s grandfather, Rickie Hanes of North Haven, on behalf of the baby’s estate, is suing the hospital and the supplement manufacturer, Solgar, and its parent company NBTY. Yale New Haven, Solgar and NBTY argued in court in August that various claims against them—including reckless disregard for safety and fraudulent misrepresentation of a product’s safety—should be eliminated. Angelo Ziotas, an attorney representing the Lee-White estate, says a written ruling by New Haven Superior Court Judge Steven Ecker will likely come by the end of December, and the judge has set June 2017 as the date to complete discovery and fall 2018 as the trial date. Lee-White, the son of Samantha Pineapple Lee and Aaron White, was born prematurely by C-section on Oct.