Recently, Abbott Nutrition, a division of Abbott Laboratories, Inc. (“Abbott Labs”), recalled various brands of its baby formula. The recalls are based on numerous horrifying reports of babies developing serious – and sometimes fatal – bacterial infections after consuming formula manufactured by Abbott Nutrition. This has left many parents understandably concerned about the effect the bad baby formula may have on their child, as well as their options to hold Abbott Labs responsible. 

What Should Concerned Parents Do to Learn More About Their Options?

If you bought Similac, Alimentum, EleCare, or Similac PM 60/40 for your child, you are undoubtedly concerned over the reports of serious illness and death related to these products. Any parent would be. The first thing to do is to double-check the formula’s packaging to determine if the product you gave your child has been recalled. If so, do not feed it to your child. However, you should keep the product, preferably in a place where it will not be inadvertently given to your child by a secondary caretaker. If you still have the receipt, be sure to save that as well (if you purchased the product from an online retailer, you may be able to pull up your transaction history to access your proof of purchase).

If your child is exhibiting any signs of discomfort or has a fever, reach out to their pediatrician to determine the best course of action. Doctors may be able to help ease your child’s symptoms and can intervene to prevent their condition from worsening.

Next, reach out to an experienced personal injury lawyer to discuss the possibility of bringing a baby food lawsuit against Abbott Nutrition. The product liability lawyers at the law firm of Console & Associates P.C. are actively investigating the Abbott Labs baby formula recall and taking calls from parents looking to hold the manufacturing giant financially accountable for the harms their family has suffered. While your claim may result in you securing financial compensation, these cases are about more than money. Large manufacturers like Abbott Labs need to be held accountable for putting dangerous products on the shelves, and bringing a product liability or class action lawsuit is one of the best ways to do this. Most personal injury law firms will handle your bad baby food lawsuit on a contingency basis, meaning you will not pay anything out of pocket for their legal fees. If you are successful in bringing a claim, any legal fees will either be paid by the defendant or come out of the funds your lawyer recovers. If your claim doesn't result in a recovery, you will pay nothing.

About the Abbott Labs Baby Formula Recall

Since the beginning of 2022, Abbott Nutrition announced two separate but related recalls of its baby formula. The recent baby formula recalls came about after concerned parents reported that their children were developing rare and otherwise unexplainable infections after consuming formula manufactured by Abbott Labs. In February of this year, the FDA responded to parents’ complaints, issuing a statement that parents should not buy Similac, Alimentum and EleCare formulas based on concerns over the presence of foreign bacteria. Immediately after that public announcement, Abbott Nutrition issued its voluntary recall. The first recall included Similac, Alimentum and EleCare powdered baby formulas with an expiration date of April 1, 2022, or later. All three brands were manufactured in Abbott Labs’ Sturgis, Michigan facility.

Less than two weeks later, Abbott Laboratories learned that a baby died after contracting a Cronobacter sakazakii infection after the infant had consumed Similac PM 60/40, which was not included in the company’s initial recall. On February 28, 2022, Abbott Labs issued a second round of baby formula recalls. This recall includes one lot of Similac PM 60/40 (Lot # 27032K80 (can) / Lot # 27032K800 (case)).

Did Your Child Consume Bad Baby Formula?

Parents who bought Similac, Alimentum, EleCare, and Similac PM 60/40 certainly had other cheaper options when it came to baby formula. However, they reasonably assumed that by purchasing formula from a respected company, they were providing safe food for their child. Unfortunately, that appears not to be the case.

Children who consumed Similac, Alimentum, EleCare, or Similac PM 60/40 may be at serious risk. Below are some of the common questions parents have about the Similac recall, EleCare recall, Alimentum recall and Similac PM 60/40 recall.

What are the risks of my child consuming Similac, Alimentum, EleCare, or Similac PM 60/40?

The FDA reports that several children who consumed Similac, Alimentum, EleCare, or Similac PM 60/40 powdered baby formulas have developed two life-threatening bacterial infections.

Cronobacter sakazakii

Cronobacter sakazakii is a type of bacteria that is most commonly found in powdered infant formulas, herbal teas and certain types of starches. For most healthy adults, exposure to Cronobacter sakazakii can cause diarrhea and urinary tract infections; however, infants who are exposed face far greater risks. For example, Cronobacter sakazakii has been shown to cause sepsis (a serious blood infection) or meningitis (swelling of the tissues surrounding the brain).

According to the Centers for Disease Control and Prevention,

Powdered infant formula is not sterile. Manufacturers report that, using current methods, it is not possible to produce sterile powdered infant formula. At the factory, Cronobacter could get into formula powder if contaminated raw materials are used to make the formula, or if the formula powder touches a contaminated surface in the manufacturing environment.

Powdered infant formula can also be contaminated at home or elsewhere after the container is opened. For example, Cronobacter could get into the formula if formula lids or scoops are placed on contaminated surfaces and later touch the formula, or if the formula is mixed with contaminated water or in a contaminated bottle.

The first sign that an infant was exposed to Cronobacter sakazakii is usually a fever. In some cases, a child’s body may fight off the infection without any long-term harm. However, the FDA explains that other symptoms that may indicate an infant is experiencing sepsis or meningitis include poor feeding, irritability, temperature changes, jaundice (yellowish skin and eyes), grunting breaths and abnormal movements. In some situations, Cronobacter infection may also result in bowel damage.

Salmonella Newport

Salmonella Newport is a type of Salmonella, the bacteria commonly associated with eggs and poultry products. If a child is exposed to Salmonella Newport, they can develop a condition called salmonellosis.

Salmonellosis is much more common than Cronobacter sakazakii, as there are more than 1.35 million cases of Salmonellosis per year. It is also generally considered to be less serious than Cronobacter sakazakii. For example, in most healthy adults, salmonellosis can cause diarrhea, stomach pains, and fever. However, according to the FDA, “severe cases of salmonellosis may include a high fever, aches, headaches, lethargy, a rash, blood in the urine or stool, and in some cases, may become fatal.”

Which baby formulas were recalled by Abbott Nutrition?

The Abbott Nutrition baby formula recalls affect four brands of powdered baby formula: Similac, Alimentum, EleCare, and Similac PM 60/40. To determine if you have recalled formula in your home, first identify which brand of formula you have. If you purchased Similac, Alimentum, EleCare, you should not feed it to your child 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.

If you bought Similac 60/40, the recalled lot is numbered:

• Lot # 27032K80 (can)

• Lot # 27032K800 (case)

Did Abbott Labs know that its products were dangerous?

Details are still being released about the Abbott Labs baby food recall and what the company knew leading up to its decision to take its products off the shelves. However, there is evidence suggesting that, as far back as September 2021, Abbott Labs knew a child became infected with Cronobacter sakazakii after consuming its baby formula.

In September 2021, nearly five months before Abbott Labs announced its first recall, the Minnesota Department of Health investigated a case of an infant suffering from a Cronobacter sakazakii infection. The Minnesota Department of Health learned that the infant consumed formula produced by Abbott Labs and passed this information to the FDA and Centers for Disease Control. In response, the FDA arranged to inspect the Abbott Nutrition facility in Sturgis, Michigan, where the baby formula was made.

After inspecting the facility, The FDA issued five citations to Abbott Nutrition. Some of the citations were based on the “improper maintenance of a building used to produce and package infant formula and inadequate handwashing.” There is also evidence indicating that the FDA found Cronobacter sakazakii bacteria in a previous inspection of the facility.

While this is alarming, to say the least, what’s more shocking is the FDA claims that Abbott Laboratories may have previously destroyed infant formula in connection with the contamination issue. Of course, it’s too early to tell if this was done in an attempt to cover up evidence related to contaminated baby formula, it is a possibility.

Is Abbott Nutrition liable for selling contaminated baby formula?

As a general rule, any manufacturer of a product has a duty to consumers to ensure that its product is safe when used as directed. These claims fall under a personal injury theory called product liability. One notable aspect of product liability claims is that, in most situations, consumers do not need to prove that the manufacturer knew their product was dangerous or acted negligently in any way. This is because product liability cases rely on strict liability, meaning a manufacturer can be held liable for any injuries related to the use of their product regardless of what they knew at the time or could have done differently.

However, what happens in cases where a company knew its products were dangerous but continued to make and sell them despite this knowledge. In this situation, courts allow consumers to pursue punitive damages in addition to economic and non-economic damages. Economic and non-economic damages are intended to compensate a consumer for the harms they suffered as a result of the dangerous product. On the other hand, punitive damages focus on punishing a manufacturer’s especially egregious conduct and deterring others from engaging in similar conduct.

How many infants have died as a result of consuming Similac, Alimentum, EleCare, or Similac PM 60/40?

According to the most recently available information, two infants who consumed Similac, Alimentum, EleCare, or Similac PM 60/40 have died from Cronobacter sakazakii infections. However, because the investigation is ongoing, the infants’ deaths are still under investigation. The investigation is focused on determining whether their deaths were related to their consumption of Abbott Labs formula. In addition, several other parents have reported that their children became seriously ill after consuming Similac, Alimentum, EleCare, or Similac PM 60/40.

About Abbott Laboratories

Abbott Laboratories is a multinational company based in Chicago, Illinois, that manufactures and sells a wide range of healthcare products and medical devices. Abbott Laboratories was founded by a Chicago doctor named Wallace Calvin Abbott in 1888. However, it was not until 1903 that Abbott Labs created its “Abbott Nutrition” branch. Abbott Nutrition is a division of Abbott Labs that manufactures and sells a range of baby food products, including the brands EleCare, Similac, Pedialyte, and PediaSure. Abbott Nutrition also manufactures nutrient-dense products for adults through the brands Ensure, Glucerna, Nepro, Jevity and ZonePerfect.