Baby Wipes Class Action Lawsuits Filed Over Infection Risk

The makers of Nutek disposable baby wipes face a growing number of class action lawsuits that allege infants and other users of the wipes were exposed to a risk of bacterial infections. 

The complaints stem from a Nutek Disposables baby wipes recall was announced on October 25, following reports of irritation and other problems that were linked back to microbial contamination.

Since then, at least seven different Nutek baby wipes lawsuits have been filed in federal courts nationwide, each of which seek class action status.

At the time of the recall, microbial testing revealed that the wipes were contaminated with the bacteria Burkholdera cepacia, which can cause irritation and rashes.

The manufacturer warned that the contaminated baby wipes posed a particular threat, since infants generally have a weakened immune systems. However, the products may also pose a risk for individuals with chronic lung disease, due to the side effects Burkholderia cepacia infections cause, which include rashes, irritation, infections, fever, gastro-intestinal issues, and respiratory issues.

The bacterium does not necessarily cause a deadly infection, but can be difficult to treat because it is composed of at least 18 different species and can be resistant to many common antibiotics, making medical treatment a case-by-case determination.

The wipes were sold under a number of labels and through a number of stores, including Walgreen’s, Sam’s Club, Family Dollar, Fred’s and Diapers.com. They were sold under the brand names Cuties, Diapers.com, Femtex, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch and Well Beginnings.

All of the claims involve allegations that the manufacturer sold and distributed contaminated baby wipes, resulting in injuries to plaintiffs or their infants. A number of the companies that distributed the wipes are also named as defendants in some claims.

On December 9, Nutek Disposables, Inc. filed a motion to transfer (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML), asking that all of the baby wipe class action lawsuits be centralized and consolidated in the U.S. District Court for the Eastern District of New York for pretrial proceedings.

The manufacturer argues that consolidation would prevent duplicative discovery and contradictory rulings, and would serve the convenience of the parties, the court and witnesses.

The company points out that it has been little more than a month since the recall was initiated, and it already faces more than half a dozen claims. The company anticipates that the litigation will continue to grow.

“[A]ll of the Scheduled Actions remain sufficiently early in litigation to reap the substantial benefits of coordination or consolidation with minimal transaction costs,” according to the motion. “The operative class action complaints were all filed within the last month; several by the same firm or firms. In all of the Scheduled Actions, there has been no discovery.”

Following the recall, the company says it stopped manufacturing the wipes at the facility where they were produced. However, as of October 27, the company had not identified the source of the contamination.

The FDA and Nutek recommend that consumers with recalled baby wipes stop using them immediately and resort to an alternative brand. Customers may return their recalled baby wipes to the place of purchase to receive a full refund. For further questions please contact Nutek Disposables at 1-855-646-4351.