New Wal-Mart Baby Wipes Class Action Follows Recall

A recent recall of Sam’s Club products has led to yet another Wal-Mart baby wipes class action lawsuit, where the plaintiff alleges that bacteria was allowed in during the manufacturing process making it unsafe for use.

Sam Lopez alleges that he bought Simply Right baby wipes from Sam’s Clubs in California from June 30, 2014 up until Oct. 10, 2014, when Sam’s Club issued the recall and notified him via email. It noted that some wipes “may be contaminated with B. cepacia bacteria.”

The reason that B. cepacia was able to pass through the process and why it can be so dangerous is its immunity to a number of antiseptics, including betadine, the copper-colored chemical commonly used prior to surgery. And while it is not necessarily a problem for most people, those with weakened immune systems, such as babies, may be more susceptible to the bacteria.

Last week, a woman filed a similar class action lawsuit alleging that she developed an infection as a result. In her case, the effect was significant, as she alleges her symptoms were associated with a severe respiratory infection. B. cepacia can also cause pneumonia.

In both contaminated baby wipe class action lawsuits, the plaintiffs are seeking damages, alleging that Wal-Mart, parent company of Sam’s Club, failed to use proper quality control measures to prevent the sale of contaminated baby wipes, and is therefore in breach of express warrantability as the products were not suitable for sale.

Lopez is seeking to represent a Class of “all individuals who, in the State of California, purchased a Product from Defendant Wal-Mart Stores Inc.’s Sam’s Club retail locations beginning on June 30,2014 through Oct. 10,2014.” According to the Simply Right baby wipes class action lawsuit, the putative Class Members all have similar claims as they purchased the same products and sustained “damages including, but not limited to, the purchase price of the Products, exposure to hazardous bacteria and an increased risk of serious health effects.”

Both Nutek Disposables Inc. and First Quality Enterprises are named defedants, with Nutek being the contaminated baby wipes’ supplier to Wal-Mart and Sam’s Club, and First Quality Enterprise is Nutek’s corporate parent.

The plaintiff is represented by Gene J. Stonebarger and Richard D. Lambert of Stonebarger Law and Thomas A. Kearney and Prescott W. Littlefield, Kearney Littlefield LLP

The Wal-Mart Baby Wipes Class Action Lawsuit is Sam Lopez v. Wal-Mart Stores Inc., et al., Case No. 3:14-cv-04669, in the U.S. District Court for the Northern District of California.

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