Baby Formula Contaminated with Cronobacter, Salmonella Class Action

Abbott Laboratories, Inc. makes a number of infant formulas that are sold under the Similac, Alimentum, and EleCare brands. The complaint alleges that certain lots of the formulas were tainted with Cronobacter and Salmonella bacteria that produced infections, sickness, and even death in babies who drank the formula.

The class for this action appears to be babies who sustained personal injuries by consuming tainted Similac, Alimentum, or EleCare infant formula, and their parents.

Plaintiff Luis Alfredo Suarez bought Alimentum on January 30, 2022, for his daughter, identified in the complaint only as A.S.

“On or about February 8, 2022,” the complaint alleges, “Infant A.S. began developing symptoms of gastrointestinal distress including: overwhelming diarrhea (in excess of 10 times a day); abdominal pain; severe diaper rash with blisters and blood; dehydration; sleeplessness; and other pain and injuries.”

The Food and Drug Administration (FDA) announced on February 17, 2022 that it was investigating the Abbott formulas because of consumer complaints. The complaints involved Cronobacter sakazakii and Salmonella Newport infections.

Four infants had been hospitalized and one of them had died. All of them had had powdered infant formula coming from an Abbott Nutrition facility in Sturgis, Michigan. The report said that the FDA had found “several positive Cronobacter sakazakii results from environmental samples taken by the FDA and adverse inspectional observations by the FDA investigators.” It further said that a review of the company’s internal records had indicated contamination with the Cronobacter bacteria and destruction of some product due to that.

The FDA noted in a news release, “This is an ongoing investigation, and the firm is working with the FDA to initiate a voluntary recall of the potentially affected product.” The release instructed consumers not to use Similac, Alimentum, or EleCare powdered infant formulas if they had certain lot numbers or other identifying markings.

The Alimentum formula Suarez had bought and his daughter had consumed had markings indicating it was one of the tainted lots.

The complaint alleges, “Cronobacter bacteria can cause severe, life-threatening infections (sepsis) or meningitis (an inflammation of the membranes that protect the brain and spine).” Symptoms can include “poor feeding, irritability, temperature changes, jaundice…, grunting breaths and abnormal movements. Cronobacter infection may also cause bowel damage and may spread through the blood to other parts of the body.”

Similarly serious are salmonella bacteria, which the complaint alleges “can cause gastrointestinal illness and fever called salmonellosis. “Most people with salmonellosis develop diarrhea, fever and abdominal cramps. More 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.”

Article Type: Lawsuit
Topic: Consumer, Injury
Tags: Breach of warranty, Negligence, Strict Product Liability—Strict Liability