Similac Lawsuit Consolidation Sought in Federal Court
A panel of federal judges will hold a hearing this week to determine whether to consolidate a growing number of Similac class action lawsuits before one judge for coordinated pretrial litigation.
The lawsuits were all filed as a result of a Similac recall issued last year by Abbott Laboratories after some cans of the powdered baby formula were found to be infested with beetles and their larvae. The insects are believed to have caused diarrhea and gastrointestinal distress in some infants who were fed the contaminated formula.
In late October, plaintiff Chalonda Jasper filed a motion to have every Similac lawsuit currently pending in federal court consolidated in the U.S. District Court for the Northern District of Illinois as part of an MDL, or multidistrict litigation.
Similac NEC Lawsuits
Families of premature babies diagnosed with necrotizing enterocolitis (NEC) from Similac or Enfamil may now be eligible for settlement benefits through new lawsuits being pursued.
Abbott Laboratories has opposed consolidation, arguing that motions to dismiss the Similac recall class action suits have been filed and they believe they are likely to succeed. In addition. they have indicated that common factual issues between the complaints are few and a “patchwork of disparate state-law standards” govern the claims.
On Thursday, the U.S. Judicial Panel on Multidistrict Litigation will hear oral arguments on the motion. Such centralization is common in complex product liability claims involving a large number of similar lawsuits over injuries associated with a particular product. The process is designed to avoid duplicative discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.
Currently, there are at least seven Similac lawsuits filed in five different districts across the country, including the Central and Eastern Districts of California, the Northern District of Illinois, the Eastern District of Louisiana and the Eastern District of New York. Three of the cases are located in Illinois, including Jasper’s.
All of the claims are class action lawsuits that accuse Abbott of negligence in failing to prevent the beetle contamination. They also charge the company with illegal enrichment and failing to warn consumers about the risk of beetle contamination. The lawsuits claim that Abbott knew about the contamination for at least a week before announcing the Similac recall.
Abbott issued a recall of Similac infant formula on September 22, after discovering beetle contamination, which occurred at the company’s Sturgis, Michigan, production facility.
While Abbott claims that testing has shown that 99.8% of the recalled products are free of bugs, concerned parents swamped Abbott’s website, social media, news and parenting forums across the internet with concerns and fears that their children may have consumed or gotten ill due to eating Similac with insects. The recall affected Similac worldwide, with Saudi Arabia announcing a Similac ban, despite Abbott limiting the recall to the U.S., Puerto Rico, Guam and countries in the Caribbean.
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Update: Lawsuits Over Similac and Enfamil Causing NEC for Premature Infants
Abbott Laboratories now faces a growing number of claims from families who are pursuing a Similac lawsuit after their premature infant was diagnosed with a severe gastrointestinal disorder, known as necrotizing enterocolitis (NEC). Similar allegations have also been raised Enfamil NEC lawsuits filed against Mead Johnson, the makers of another cow’s milk formula that may pose health risks for premature infants.
The complaints allege that Abbott Laboratories and Mead Johnson knew or should have known that baby formula causes NEC at higher rates than breast milk or donor milk, yet warnings were withheld from families, doctors and hospitals.
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Premature infants fed Similac or Enfamil cow's milk formula faced increased risk of necrotizing enterocolitis (NEC) or wrongful death.
Learn More About this Lawsuit SEE IF YOU QUALIFY FOR COMPENSATION13 Comments
Yalonda H.January 25, 2016 at 8:07 pm
My Son who was born July 2010..when @ 2-3 months started having trouble making a bowel movement and his color change... he's 5 years old and he still hv trouble making a bowel movement his doctor has describe certain things to help.. I feel it has also messed with his focus he was @ his right level and now he's 5 @ a 3 yr old level of learning.. He's partial special needs child whom i noticed the [Show More]My Son who was born July 2010..when @ 2-3 months started having trouble making a bowel movement and his color change... he's 5 years old and he still hv trouble making a bowel movement his doctor has describe certain things to help.. I feel it has also messed with his focus he was @ his right level and now he's 5 @ a 3 yr old level of learning.. He's partial special needs child whom i noticed the change in him and his digestive system is still not normal... I do still contain the evidence of the 12.5 can of Simulic my mother is a witness as well as pictures and I've been trying to contact this is my 4 th attempt.. A mother who's been looking for Honesty and Justice of what happened to her child who still suffer to this day.... Sincerely, Yalonda H.
tiamickesApril 7, 2015 at 5:08 am
I HAVE ALL THE ABOVE ISSUES WITH MY NOW 5 YEAR, HE NEVER EATS HARDLY ANYTHING AND WHEN.HE DOES ITS ONLY TWO OR THREE DIFFERENT KIND OF FOODS.. ALL MY BABY KNEW THE FIRST YEAR OF HIS LIFE WHEN.HE WAS HUNGRY IS PAIN AND DISCOMFORT... THATS HORRIBLE... I DIDN'T KNOW WHAT WAS WRONG WITH MY BABY. WE WERE ALWAYS TAKONG HIM TO THE DOCTOR O THE E.R. THEY DIDNT KNOW WHAT WAS WRONG. AT ONE POINT MY BABYS T[Show More]I HAVE ALL THE ABOVE ISSUES WITH MY NOW 5 YEAR, HE NEVER EATS HARDLY ANYTHING AND WHEN.HE DOES ITS ONLY TWO OR THREE DIFFERENT KIND OF FOODS.. ALL MY BABY KNEW THE FIRST YEAR OF HIS LIFE WHEN.HE WAS HUNGRY IS PAIN AND DISCOMFORT... THATS HORRIBLE... I DIDN'T KNOW WHAT WAS WRONG WITH MY BABY. WE WERE ALWAYS TAKONG HIM TO THE DOCTOR O THE E.R. THEY DIDNT KNOW WHAT WAS WRONG. AT ONE POINT MY BABYS TONGUE WAS STAINED A REDISH BROWN COLOR.... NO.ONE KNEW WHAT IT WAS CAUSED FROM THE DOCTORS NO ONE NO PNE HAS EVWR SEEN IT. WELL THE SAME BEETLE FOUND IN THE SIMILAC CONTAINERS IS USED IN MINUTE MAID FRUIT PUNCH FOR THE RED COLOR IN THE PUNCH... WE NOW KNOW WHAT CAUSED MY LITTLE BOYS TONGUE REDISH BROWN FOR THE LAST TWO WEEKS HE WAS ON FORMULA . WHEN I WD SIMILAC TY JEY ASKED IF I HAD ANY OF THE CONTAMINATED CONTAINERS OR HAPPEN TO SAVE THE EMPTY ONES.. I TOLD THEM NO. AND ALL THEY COULD DO FOR ME IS SORRY FOR THE UNCONVINCING OF MY BABY.... YES... THESE PEOPLE FEED OUR PRECIOUS BABIES,... THEY SHOULD BE ASHAMED NOT TO FEEL RESPONSIBLE FOR MAKING THESE BABIES SUFFER AND NO ONE COULD HELP THEM AT THE TIME CAUSE NOBODY KNEW WHAT WAS WRONG WITH THEM.... WELL I BOUGHT CONTAINERS FROM SAMS CLUB I MIGHT NOT HAVE MY CONTAINERS AND NOT MY RECIEPTS BUT I DO HAVE ALL MY PURCHASE HISTORY WITH TAINTED UPCS PRINTED HISTORY.... I FEEL SIMILAC GOT OFF WAY TOO EASY IN THIS DEVASTATING EVENT. MY BABY IS STILL SUFFERING TO THIS DAY
krisiApril 11, 2013 at 6:37 pm
my son to was effected by this he was hospitilized from it at first we(his dad myself an dr) couldnt find wat as going on, since then my son seems tobe sick all the time hes always on some kind anibotic an his learning seams to be a little slow, i want to know if anybody else has had health problems with their kids since then?
kristiApril 11, 2013 at 6:31 pm
my son to had a problem with this :( he was hopitilized over it at first we (his dad an i the dr) didnt know wat was going with him we thought we were going to lose him :( i want to knowif anybody still has syptoms or poor health? just wondering because since then my son seems to be sick alot and seems lik he is always on an antibotic his functions are a lttle behind and i cant help but to wonder [Show More]my son to had a problem with this :( he was hopitilized over it at first we (his dad an i the dr) didnt know wat was going with him we thought we were going to lose him :( i want to knowif anybody still has syptoms or poor health? just wondering because since then my son seems to be sick alot and seems lik he is always on an antibotic his functions are a lttle behind and i cant help but to wonder if this may be the cause of it?
SercanMay 14, 2012 at 1:15 am
My son is the same way. We have tried all the major brands of soy, Enfamil psorobee, Nestle supreme soy, and similac isomil. They all seem to be the same, my son drank all of them with no problem. They seem to have very little variation in ingredients. I think that if you are looking for the best value it would be Similac. The scoop is smaller than the other two so it lasts longer and it is the l[Show More]My son is the same way. We have tried all the major brands of soy, Enfamil psorobee, Nestle supreme soy, and similac isomil. They all seem to be the same, my son drank all of them with no problem. They seem to have very little variation in ingredients. I think that if you are looking for the best value it would be Similac. The scoop is smaller than the other two so it lasts longer and it is the least expensive. I would recommend talking to you ped though just to make sure that it is lactose intolerance and not some other digestive issue.
sarahMarch 29, 2012 at 7:59 pm
Im still upset about the recall my son was on it and every can he had was recalled. He is almost 2 (june) now but he is only 22 pounds dont want to eat and while he was on the formula he was always threwing up after every time he ate it was so bad that we took him to the ER and he lost 2 pounds in a day so they kept him over night.
katinaMarch 20, 2012 at 2:50 am
i truly believe similac is the cause of my son having vomit atleast 10 times daily. i do recall seeing beetles yet at the time i thought i was illusioning due to sleepless nights with a gas filled baby. no wonder gas power never word or acid meds fails. hec it cant fight bugs. my childs eat hardly nothing. i will have his intestines examined.
JooJune 23, 2011 at 10:22 am
I am writing an article about the Similac law suits and would like to have an update on the motion to consolidate the class actions. Any update of the cases would be useful.
ERICKAJune 6, 2011 at 7:57 pm
My child is having the same problem. She was also affected my the recall formula after she was born
CaudisApril 16, 2011 at 11:35 pm
My child is having the same problem. She was also affected my the recall formula after she was born. To this day she still has projectile vomit and we have to feed her 4 oz of milk at a time or everything she ate will come back up. The class action suit is taking a while but hopefully it will be over soon.
ChristinaApril 3, 2011 at 9:53 pm
My son was affected by the recalled formula. Vomiting, diahrrea, etc. It's been over 6 months and he STILL has a projectile vomiting problem. His doctors say he simply sick all the time...but NO fever and after he vomits he's fine. NONE of this vomiting went on before he was on that recalled formula. I want to know if anyone else is having this issue with their child also. It seems as though [Show More]My son was affected by the recalled formula. Vomiting, diahrrea, etc. It's been over 6 months and he STILL has a projectile vomiting problem. His doctors say he simply sick all the time...but NO fever and after he vomits he's fine. NONE of this vomiting went on before he was on that recalled formula. I want to know if anyone else is having this issue with their child also. It seems as though he's just not recovered and I'm concerned his esophagus and digestive system is going to be hurt by this continual vomiting. Is this happening to anyone else's child????
JenniferhMarch 15, 2011 at 9:32 pm
My 3 day old infant consumed this formula upon discharge from the hospital. She was very ill to say the least. The diarhea was so severe that her bottom looked like a raw peice of meat, and try getting an iv in the veins of a 3day old baby. She had to be stuck so many times because they couldn't get a vein due to them being so small. We were at one of the top rated children's hospitals on the eas[Show More]My 3 day old infant consumed this formula upon discharge from the hospital. She was very ill to say the least. The diarhea was so severe that her bottom looked like a raw peice of meat, and try getting an iv in the veins of a 3day old baby. She had to be stuck so many times because they couldn't get a vein due to them being so small. We were at one of the top rated children's hospitals on the east coast so it wasn't due to incompetency. Not to mention the fact that i myself had just had my baby 3 days prior and if you are not the patient you do not get a bed to sleep in, you get a hard chair that reclines. Those first precious days at home bonding with my new baby are forever lost due to the negligence on behalf of Abbott Labratories Nutrition.
RACHELJanuary 27, 2011 at 5:34 am
WHY IS THE GOVERNMENT LET THE FORMULA GET AWAY WITH CONTNAIMIATION.