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Abbott Laboratories Recalled Formula Class Action Overview:
- Who: A group of parents who bought recalled Abbott Laboratories baby formula is suing the company.
- Why: The parents say their babies suffered injuries as a result of consuming the allegedly tainted baby formula.
- Where: The class action lawsuit was filed in a Florida federal court.
Parents whose babies drank a recently recalled infant formula are suing the company after reports that the baby formula was linked to four hospitalizations and one death.
Plaintiff Luis Alfredo Suarez filed the class action lawsuit Feb. 18 in a Miami court, alleging violations of federal and state consumer laws.
His lawsuit comes just one day after the U.S. Food and Drug Administration (FDA) issued a warning urging parents not to buy or use Similac, Alimentum or EleCare powdered infant formula made by Abbott Nutrition after four babies consumed the formula and got sick or died.
In an alert posted to the FDA website Feb. 17, health authorities said they were investigating four consumer complaints of infant illness related to products from Abbott Nutrition’s Sturgis, Michigan, facility.
The complaints include three reports of cronobacter sakazakii infections and one report of salmonella newport infection. All of the sickened babies are reported to have consumed powdered infant formula produced from Abbott Nutrition’s Sturgis facility.
“All four cases related to these complaints were hospitalized, and cronobacter may have contributed to a death in one case,” the alert said.
In Suarez’s case, the Miami father alleges his daughter ingested formula from one of the tainted batches and developed symptoms of gastrointestinal distress.
He is seeking to represent a nationwide class of buyers who experienced personal injuries as a result of the allegedly tainted baby formula with claims of strict product liability and breach of warranty.
FDA Conducting Investigation Of Manufacturing Facility
Right now, the FDA is advising consumers not to use Similac, Alimentum or EleCare powdered infant formulas if the first two digits of the code are 22-37; the code on the container contains K8, SH or Z2; and the expiration date is 4-1-2022 (APR 2022) or later. For more information on where to find the codes, click here.
The FDA said it has conducted an onsite inspection at the Sturgis facility where it found several positive cronobacter results from environmental samples.
Products made at the Sturgis facility can be found across the United States and were likely exported to other countries as well, the alert says.
Suarez said in his complaint that he purchased Alimentum baby formula on Jan. 30 that had a lot number and expiration date that matched what the FDA identified in its release.
He said his daughter continues to experience symptoms of gastrointestinal distress weeks after consuming the product. Suarez is seeking certification of the class action, damages, fees, costs and a jury trial.
Meanwhile two baby formulas are allegedly linked to something that may cause necrotizing enterocolitis (NEC) when given to premature infants.
If your premature or preterm baby was given Similac or Enfamil formula while in the NICU and developed NEC, you may qualify to join a free NEC baby formula class action lawsuit investigation. Click here for more information.
What do you think of this class action lawsuit? Let us know in the comments!
Suarez is represented by Rafael De La Grana and Ryan A. Jurney of Jurney & De La Grana PA. Counsel information for Abbott Laboratories was not available Friday.
The Abbott Baby Formula Class Action Lawsuit is Suarez v. Abbott Laboratories Inc., Case No. 1:22-cv-20506, in the U.S. District Court for the Southern District of Florida.
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3 thoughts onBaby Formula Maker Abbott Hit With Class Action Amid Reports of Infant Hospitalizations, Death
I am in Washington DC, and my Grand Daughter was very ill from the formula. I still have the case on the series. I am looking to filed a complaint in the matter. I received the letter 10 days after she was ill and never knew the formula was making her sick. It came from out of no where. Please help me enter my class suit also.
Please add me
How do ypu koin the class action suit in Florida? My son ised this in February I have cans of formula that are tainted that he used and henwas extremely ill from it. What can i do?