Everything You Need to Know About a Baby Forumula Lawsuit

10/30/2022

If your child consumed recalled baby formula and required medical attention, call a Baby Formula Lawyer Today

Abbott Announces the Baby Formula Recall

On February 27, 2012 Abbott Laboratories, Inc. “(Abbott”) announced it was recalling powder formulas, including Similac, Alimentum and EleCare manufactured in Sturgis, Michigan, one of the company’s manufacturing facilities. The recall does not include any metabolic deficiency nutrition formulas. Products made at this facility can be found across the U.S. and were likely exported to other countries as well. Canadian health officials have also issued a recall warning.

Abbott is recalling these products after four consumer complaints related to Cronobacter sakazakii or Salmonella Newport in infants who had consumed powder infant formula manufactured in this facility. The Company said its investigation is ongoing. If your baby was hospitalized after using Recalled Baby Formula or you have questions, contact Baby Formula Lawyer Timothy L. Miles about a Baby Formula Lawsuit today.

The FDA Announces Investigation of Recalled Baby Formula

The same day, the U.S. Food and Drug Administration (“FDA”) announced it is investigating consumer complaints of Cronobacter sakazakii and Salmonella Newport infections. The FDA stated that in all of the cases are reported, each consumed powdered infant formula produced from Abbott Nutrition’s Sturgis, Michigan facility.

The FDA further stated it was alerting consumers to avoid purchasing or using certain powdered infant formula products. The FDA further stated it was alerting consumers to avoid purchasing or using certain powdered infant formula products produced at this facility.

The FDA is advising consumers not to use Similac, Alimentum, or EleCare powdered infant formulas if:

the first two digits of the code are 22 through 37; and
the code on the container contains K8, SH or Z2; and
the expiration date is 4-1-2022 (APR 2022) or later.

The FDA stated it was investigating complaints of four infant illnesses from three states. All four cases related to these complaints were hospitalized and Cronobacter may have contributed to a death in one case. The FDA stated it has initiated an onsite inspection at the facility and its findings to date include several positive Cronobacter sakazakii results from environmental samples taken and adverse inspectional observations by the FDA investigators. A review of the firm’s internal records also indicate environmental contamination with Cronobacter sakazakii and the firm’s destruction of product due to the presence of Cronobacter.

“As this is a product used as the sole source of nutrition for many of our nation’s newborns and infants, the FDA is deeply concerned about these reports of bacterial infections,” said Frank Yiannas, FDA Deputy Commissioner for Food Policy and Response. “We want to reassure the public that we’re working diligently with our partners to investigate complaints related to these products, which we recognize include infant formula produced at this facility, while we work to resolve this safety concern as quickly as possible.”

How do I know if I bought Recalled Baby Formula?

In addition to the above, on February 28, 2012 Abbott additionally stated it was recalling one lot of Similac PM 60/40 (Lot # 27032K80 (can) / Lot # 27032K800 (case)) manufactured in Sturgis, Michigan.

To find out if your baby formula is subject to the recall, look on the bottom of the container for a product code that includes eight numbers or letters.

Then go to this website – www.similac.com/recall – where you can type in the code to see if your baby formula is on the list. If so, and your baby was hospitalized contact us about a Baby Formula Recall Lawsuit and see if you meet the Baby Formula Lawsuit Criteria.

What Should I Do If My Product Was Affected by the Powered Formula Recall?

The defective baby formula products contain bacteria that, if ingested, can cause a serious, life-threatening infection in young children. Any family that has Abbott products in their home should dispose of them and find a safer alternative for their children, one that does not jeopardize their health and wellbeing. Although there are only four cases of infections, it’s best to avoid the products entirely to ensure your child's safety. If your baby consumed recalled baby formula call Timothy L. Miles today about a baby formula lawsuit.

What Are Cronobacter sakazakii and Salmonella Newport?

Cronobacter sakazakii is a bacteria commonly found in dry environments, like baby formula, and can cause stomach issues as well as urinary tract infections in people of all ages. However, when it’s ingested by a child two months or younger, it can result in more serious infections, like sepsis and meningitis. If your child exhibits any of the following symptoms after consuming a dry food product, you should seek medical treatment to ensure their safety:

Fever
Unusual patterns of crying
Abnormally low energy
Difficulty or refusal to eat

On the other hand, Salmonella Newport causes symptoms of foodborne illness, such as diarrhea, intestinal pressure, and vomiting. This type of bacteria is significantly more dangerous to children under three months of age, and an infant who’s infected with Salmonella Newport will exhibit the same symptoms as Cronobacter sakazakii.

What Should I Do if My Child Is Showing Symptoms from Recalled Baby Formula?

If you notice that your child is exhibiting any of the symptoms mentioned above after consuming recalled baby formula, it is best to bring them to medical professional for a second opinion. The signs of a Cronobacter sakazakii or Salmonella Newport infection are very vague, and the behavior your child is showing could just be a coincidence rather than a severe diagnosis. However, you do not want to leave that up to chance, and by seeking medical attention sooner rather than later, you can protect your child from the consequences of an infection that has gone too far.

What is the Baby Formula Lawsuit Criteria?

There are basically two requirements in order to meet the Baby Formula Lawsuit criteria. If your child consumed Recalled Baby Formula and required hospitalization as a result, then you probably meet the Baby Formula Lawsuit Criteria. To find out more, or to see if you meet the Baby formula lawsuit criteria, contact Baby Formula Lawyer Timothy L. Miles today for a free Baby Formula Lawsuit case evaluation.

How Much Money Can I Get from a Baby Formula Lawsuit?

Every case is unique, but people who successfully file drug or medical device lawsuits can recover money for some of the following damages if they meet the Baby Formula lawsuit criteria:

     • Past and future medical bills (including medication, hospital stays, and in-home care)
     • Pain and suffering
     • Lost wages
     • Loss of earning capacity
     • Funeral expenses (in the event of a loved one’s death)

In addition, it is possible the court could award punitive damages which are meant to punish the defendant. You may also have a wrongful death claim if you child lost their life. Call Baby Formula Lawer Timothy L. Miles for a free case evaluation today of you think you meet the Baby formula lawsuit criteria.

How Can a Baby Formula Recall Lawyer Help Me?

Because of the complexity of the cases and the need to hire experts, a products liability attorney is the go-to attorney when you have been injured by a product that is defective like the defective baby formula products. A Baby Formula Lawyer, who is an experienced products liability attorney, can help you by putting you in the best possible position to win your Baby Formula Recall Lawsuit and recover the most compensation.

What is the Status of the Baby Formula Recall Lawsuits?

All lawsuits involving Abbott's defective baby formula products, including consumer class actions and personal injury cases, have been transferred to the Northern District of Ilinois and assigned to Judge Matthew F. Kennelly for coordinated discovery and pretrial proceedings. Additionally, a new class action has been filed and transferred to Judge Kennelly by the MDL. The class action Baby Formula Lawsuit is a consumer class action that seeks compensation for economic loss causes by the defective baby formula products.

How Does a Baby Formula Lawsuit Work?

Before your Baby Formula Lawsuit is officially filed with the court, your Baby Formula Lawyer will fully explain the process and will then need to ask you a few questions concerning the circumstances of your child's consumption of recalled baby formula including medical expenses and your pain and suffering.

Your Baby Formula Lawyer will then draft what is known as a complaint. This will be a multi-page document explaining why the defendant is responsible for your injuries and what damages (that is, compensation) you are seeking.

Once your complaint is filed with the court, your Baby Formula Lawsuit officially begins. From here, it will be a lot of back and forth between your Baby Formula Lawyer and the attorney(s) for the defendant in an attempt to resolve the matter. The attorneys may take review documents, take depositions, issue subpoenas, hire experts, calculate damages, attend hearings, and file motions, briefs, evidence or other documents with the court during the stages of the lawsuit.

If your Baby Formula Lawsuit is not dismissed and a settlement cannot be reached, the case will proceed to a jury trial.

Call Baby Formula Lawyer Timothy L. Miles about a Baby Formula Lawsuit today

If your baby was hospitalized after using Recalled Baby Formula purchased after August 2021, call Baby Formula Lawyer Timothy L. Miles about a Baby Formula Lawsuit today and see if you meet the Baby formula lawsuit criteria and what a Baby Formula Recall Lawyer can do for you.

A Baby Formula Recall Lawyer can explain the process and answer any questions you may have. We take all cases on a contingency basis which means we do not get paid unless we win your case

Timothy L. Miles, Esq.

Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, and more. Please visit our website.

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