Skip to main content

Baby Formula Lawsuit - Gastrointestinal Distress Injury Settlement Lawyers

Contaminated powdered baby formula lawsuits arise from a February 2023 recall of certain Similac, Alimentum, and EleCare products. Reports of infants becoming ill with Salmonella after consuming formula contaminated with Cronobacter sakazakii bacteria at the Abbott manufacturing facility in Sturgis, Michigan, prompted the recalls.

We are no longer accepting these cases

 
 

What Are the Similac Baby Food Recall Lawsuits?

baby drinking formula

In February 2022, the U.S. Food and Drug Administration (FDA) announced it was investigating Cronobacter sakazakii infections from powdered infant formula products Similac, Alimentum, and EleCare, produced at Abbott Nutrition’s Sturgis, MI, facility.

Reports of illnesses in infants who had consumed these powdered infant formula products prompted the investigation.

On February 17, 2022, Abbott Nutrition recalled a lot of its Similac PM 60/40 powdered infant formula. The FDA advised people to avoid using Similac, Alimentum, or EleCare powdered infant formulas with the first two digits of the product code being 22 through 37; in which the code on the container contains K8, SH, or Z2; and in which the expiration date is April 1, 2022, or later.

“Parents and caregivers of infants who have used these products, and are concerned about the health of their child, should contact their child’s health care provider,” the FDA news release stated.

On February 15, 2023, Business Insider reported that Similac’s manufacturer, Abbott, could face criminal penalties of up to $500,000 for each offense as the Department of Justice probes the factory conditions that led to a nationwide baby food shortage.

 
 

News Updates for Baby Formula Recall Lawsuits

September 2023

The FDA issued warning letters to three baby formula manufacturers, raising alarms about significant quality control issues at certain production facilities. The letters were sent to Reckitt/Mead Johnson and Perrigo, both well-established players in the industry, as well as to ByHeart, a newer entrant in a historically tightly held market. All three companies had swiftly expanded their production in response to a pressing shortage of baby formula last year, which arose after significant recalls at Abbott, one of the nation’s major suppliers.

March 2023

The FDA sent a letter calling on infant formula manufacturers, distributors, and other members of the supply chain to alert the agency upon detection of pathogens in their product samples. The FDA further called on industry players to improve their safety practices toward the prevention and detection of harmful contaminants.

January 2023

CNN reported that the U.S. Department of Justice (DOJ) is investigating Abbott Laboratories. Abbott shut the plant down after an FDA inspection discovered it was contaminated with Cronobacter sakazakii bacteria, which can be deadly to infants.

August 2022

The Judicial Panel on Multidistrict Litigation (JPML) created a new MDL to handle claims that contaminated baby formula made in a Sturgis, Mich., Abbott Laboratories plant caused babies to get sick. Eighteen lawsuits were transferred by the JPML to U.S. District Judge Matthew Kennelly in Chicago. This is the same district where another MDL of lawsuits alleging preterm infants developed necrotizing enterocolitis from Abbott’s cow's milk formula is already being overseen by U.S. District Judge Rebecca Pallmeyer.

 

 
 

CDC and FDA Reports of Baby Formula Cronobacter Infections

Centers for Disease Control and Prevention (CDC) states that between September 16, 2021, and January 5, 2022, the agency received reports of three cases of Cronobacter in infants. Upon querying clinicians and state and local health departments regarding other reported Cronobacter infections linked with baby formula from November 2020 to February 2022, CDC discovered that a total of four infants in Minnesota, Ohio, and Texas were found to have consumed formula from Similac’s Sturgis, Michigan, facility before they became sick with Cronobacter infections.

CDC further reports that deaths of two Ohio infants might have been associated with Cronobacter infections.

The U.S. Food and Drug Administration (FDA) received a report that an infant who had consumed infant formula from the Sturgis facility had developed a Salmonella infection.

Criteria for the Baby Food Lawsuits

Our law firm is currently accepting Similac, Alimentum, and EleCare powdered formula baby food cases in the following situations:

  1. Formula was bought or fed to a child between 2019 and 2022; and
  2. Formula was:
  3. Similac
  4. Alimentum
  5. Elecare
  6. Baby had severe gastrointestinal distress
  7. Diagnosed with Cronobacter sakazakii
  8. Diagnosed with Salmonella
  9. Formula Batches included in the recall
  10. Code between 22-37
  11. Code contains K8,SH, or Z2
  12. Expiration date is 4/1/22 or later
 
 

How Much of a Settlement Could You Get for a Similac Recall Case?

The amount you could get in a settlement or verdict for your recalled Similac Baby Food lawsuit depends on multiple factors stemming from the nature and severity of your child’s sickness and injury.

The types of damages that tend to be associated with product liability claims like those that could evolve from severe gastrointestinal distress include:

  1. Costs of medical treatment (past and future)
  2. Costs of surgery (past and future)
  3. Hospitalization costs (past and future)
  4. Pharmaceutical medications (past and future)
  5. Lost income (past and future)
  6. Past and future loss of capacity to earn
  7. Diminished future potential earnings
  8. Diminished quality of life
  9. Pain and suffering (past and future)
 
 

What Is Cronobacter Sakazakii?

The Cronobacter Sakazakii germ naturally exists in dry environments and is able to live in various forms of dry foods, including powdered infant formula and powdered milk, as well as starches and herbal teas, according to CDC.

For infants, especially those born prematurely, who are younger than two months, or who have weakened immune symptoms. Cronobacter infections can cause serious medical consequences, including sepsis (bloodstream infections) and meningitis, and they can even lead to death.

Babies can become infected by the germ through a variety of means.

One culprit could be unsterile powdered formula contaminated in processing facilities caused by:

  1. The manufacturer using contaminated ingredients
  2. The powder formula comes in contact with a contaminated surface
 
 

What Are the Symptoms and Signs of Cronobacter Sakazakii?

The signs and symptoms of Cronbacter-related illness in infants include:

  1. Fever
  2. Poor feeding
  3. Excessive crying
  4. Extremely low energy
  5. Seizures

If the bacteria enters the infant’s blood, it can cause sepsis. If the germ causes meningitis, the infant could face serious challenges in their brains.

According to a scientific study, around 20% of U.S. and Canadian infants who develop Cronobacter meningitis or bloodstream infections have died. Worldwide, this number increases to 40%.

 
 

What Is Salmonella?

According to the Mayo Clinic, Salmonella bacteria exist in the intestines of humans and animals. Salmonella infections most commonly result from consuming contaminated food or water.

This type of infection can cause diarrhea, fever, and abdominal cramps between eight and 72 hours after being exposed to the bacteria. Although most cases in healthy people do not require special treatment, if diarrhea causes severe dehydration, the individual will require prompt medical attention.

If the infection spreads beyond the intestines, an infant’s life could be in danger.

 
 

What Are the Symptoms of Salmonella Infection?

The symptoms of a salmonella infection are often confused with the stomach flu and include:

  1. Diarrhea
  2. Abdominal cramping
  3. Fever
  4. Vomiting
  5. Nausea
  6. Headache
  7. Chills
  8. Bloody stool

These signs and symptoms can endure anywhere from a few days to one week, with the exception of diarrhea, which could last as long as 10 days. Even then, the bowels can take months to return to normal, in terms of stool habits.

 
Customize This