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.

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.

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.