Wal-Mart Hit With Sam’s Club Baby Wipes Class Action

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Wal-Mart Stores, Inc. was hit with a class action lawsuit by an Alabama woman over baby wipes and other Simply Right products sold at Sam’s Club stores that were recalled for causing a bacterial infection, which allegedly made the woman ill.

On Oct. 10, Wal-Mart issued a safety recall over the Simply Right Baby Wipes, stating that: “Our supplier, Nutek Disposables, Inc., has advised us that some Simply Right branded baby wipes offered for sale at Sam’s Clubs beginning June 30th of this year may be contaminated with B. cepacia bacteria.

“According to the Centers for Disease control, this bacteria ‘poses little medical risk to healthy people. However, people who have certain health problems like weakened immune systems or chronic lung diseases, particularly cystic fibrosis may be more susceptible to infections with B. cepacia.'”

Wal-Mart said that as soon as it was aware of the safety risk associated with the baby wipes, it pulled the product from its shelves. The retailer recommended that anyone who bought the baby wipes should discontinue use and could return the product to any Sam’s Club for a full refund.

The company also left a toll-free telephone number that could be called for additional information.

Plaintiff Rochelle Endres of Alabama said that she purchased several boxes of the Simply Right baby wipes from Sam’s Club from June 30 through Oct. 10, she says in her Oct. 23 baby wipes class action lawsuit.

Endres claims that she became ill with “a sudden infection in September 2014” and that her symptoms were “consistent with the risks outlined in the recall.”

In addition, she said that her symptoms were “also consistent with warnings and health bulletins published by the U.S. Centers for Disease Control and Prevention, including that Burkholderia cepacia may cause severe respiratory infections, pneumonia and nonsocomial infections.”

Endres explains in her Wal-Mart class action lawsuit that she received a letter about the recall in October.

This Wal-Mart class action lawsuit is for anyone in the “United States who purchased a Simply Right recalled baby wipe product at a Wal-Mart Sam’s Club retail location . . . from June 30 through Oct. 10.

She also included Nutek Disposables, Inc. and First Quality Enterprises as defendants in the Sam’s Club class action lawsuit. Nutek is the supplier of the baby wipes sold in Sam’s Club stores and First Quality is Nutek’s parent owner.

Endres’ is charging Wal-Mart with breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, violation of the Magnuson Moss Warranty Act, violation of state consumer protection laws in which Endres and each class members live, fraud, and unjust enrichment.

The Alabama woman is asking for compensatory, consequential, statutory, exemplary, and punitive damages. She is also asking Wal-Mart to cover attorney’s fees and court costs.

Attorney information for Wal-Mart is not yet available.

The plaintiffs are represented by Corey Sullivan of Sullivan & Assoc. LLC and Jasper D. Ward IV of Jones Ward PLC.

The Wal-Mart Baby Wipes Class Action Lawsuit is Endres v. Wal-Mart Stores, Inc. et al, Case No. 3:14-cv-01149, in the U.S. District Court for the Southern District of Illinois.

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