As a parent, you want your children to grow healthy and live quality lives. It is because of this reason that you will go out of your way to buy your child various infant instant formula brands from trustworthy manufacturers in the market to feed your baby. While some of these brands are household names that have provided extra nutrition to infants for years, some powdered formulas have been reported to elevate the risk of bacterial infection.

Having to come to terms with the fact that your baby may face developmental problems after consuming powdered formula can be devastating. If your child has manifested symptoms of Cronobacter Sakazakii and Salmonella after feeding them instant formula, you should seek legal redress.

Urgent Public Warning on Instant Formula and Cronobacter Sakazakii and Salmonella Infections

In an urgent warning issued on February 17, 2022, the U.S. Food and Drug Administration (FDA) cautioned parents and guardians against buying or feeding infants particular instant baby formulas from Abbott Nutrition because of the heightened risk of Cronobacter and Salmonella bacterial infections.

Alongside the U.S. Centers for Disease Control (CDC) other state and local partners, FDA commenced investigations into the instant formulas produced in Abbott’s Sturgis, Michigan Facility. In a statement, the Deputy Commissioner of the agency Frank Yiannas recognized that the product is the single source of additional nutrition for many infants nationwide. It is concerned with the complaints raised regarding the risk of bacterial infection.

Yiannas continued to reassure the public that they partner with the CDC and other local partners to investigate the product and the facility manufacturing it to resolve the safety issue.

Similarly, Abbott announced that it was voluntarily recalling its Similac, EleCare, and Alimentum instant formulas on the same day after four complaints were filed about children developing health conditions related to Cronobacter and Salmonella bacteria in Ohio, Minnesota, and Texas. The Manufacturer’s Executive Vice President, Joe Manning, informed the public that they deeply regret the complaints and the inconveniences the recall has caused medical professionals, parents, and caregivers.

According to an FDA release, three reported cases were due to Cronobacter Sakazakii bacteria, while one is due to Salmonella bacterial infection. So far, all the cases have resulted in hospitalization, and one fatality has been reported due to Cronobacter infection. FDA has reported the three Cronobacter cases, while CDC has discovered the one on Salmonella.

The FDA has provided a list of the powdered formulas that have been recalled. You are encouraged not to buy these brands, and if you already have them, you should check the code to see whether it is among those recalled.

So far, the investigations in the facility have indicated positive Cronobacter results from the samples collected from the FDA investigators. Also, Abbott’s internal records indicate that Cronobacter Sakazakii bacteria contaminate the environment in the facility. Therefore, FDA is delivering this warning to discourage the purchase of the recalled products manufactured in the Sturgis, Michigan facility. All the bacterial infection cases reported were from newborns fed instant formulas manufactured in the facility. The investigations are still ongoing, and the agency will keep the public updated should further consumer safety info be discovered.

Recalled Product Lots

As mentioned above, the four complaints reported so far involve newborns fed powdered infant formula produced in Abbott’s Michigan facility. Although onsite investigations are still in progress, FDA has issued an advisory to parents or caregivers not to feed infants Similac, EleCare, or Alimentum brands with particular lots code in the bottom. The products have a 7 to 9 digit code and expiration date at the bottom. Therefore, when you come across a formula brand that meets the criteria mentioned below, you should know it has been recalled:

  • The first two digits of the lots code are 22 through 37
  • The container’s code contains K8, SH, or Z2
  • The expiration date is 4-1-2022 (APRIL 2022) or later

The lot code is written on the product’s container near expiration. When you come across a recalled product, stop feeding the baby and return it to the store for a refund. Besides, you can contact Abbott for more information.

According to the FDA, the instant formulas fall short of the required criteria, creating room for lawsuits like the ones filed against Similac for causing illnesses and even death on preterm babies.

Additional Info for Parents and Caregivers

As a parent or a caregiver, you must understand that powdered formula products manufactured in Abbott’s Sturgis, MI Facility are available nationwide and even for export.

Similarly, any products not on the recalled formulas list have no risk of bacterial infection. The FDA’s warning excludes liquid formula brands or metabolic shortage nutrition products. These formulas are not impacted, so their consumption should not be stopped.

Also, do not use a powdered formula with no lot code on the package. And when feeding your powdered infant formula, you should not add more water or solvent than required.

Again, you are discouraged from purchasing the formula online because you can end up buying counterfeit. Fake labels can easily be used to misrepresent the identity of the product, its ingredients, and expiration dates, causing more harm to your newborn.

When you obtain the formula from the Women, Infants, and Children (WIC) program but find out it is among the recalled products, do not throw it out. Instead, take it back to the store for an exchange or call 1-800-986-8540. If you cannot find the answer to your problem at the store, do not hesitate to contact the clinic for a different Similac brand.

Finally, when you observe signs of Cronobacter or Salmonella infection on your infant after feeding them instant formula, you should reach out to your doctor right away. Also, when the formula prescribed by the doctor for the infant is among those recalled, before using a different product, talk to your medical care provider for recommendations to avoid exposing the child to further risk of infection.

Cronobacter and Salmonella Infection Symptoms

Although rare, Cronobacter Sakazakii bacteria is a fatal bacteria that exists naturally in the environment, especially on dry surfaces like instant formula.

The bacteria rarely cause illnesses, but it is often fatal when it does. CDC receives two to four Cronobacter cases annually, although the number of cases reported nationwide is unclear. For newborns aged up to one year, the common symptoms of Cronobacter infection include a fever followed by poor feeding habits, deficient energy, or crying. Some infants can experience seizures or develop jaundice. When you observe any of these symptoms in your baby, you should immediately visit your healthcare provider.

Additionally, Cronobacter germs can result in a fatal blood infection known as sepsis or swelling of the linings around the brain and the spinal cord, a condition known as meningitis. When your newborn develops meningitis or sepsis, the common symptoms they will have include:

  • Irritability
  • Yellow skin and whites of the eyes, otherwise known as jaundice
  • Irregular movement
  • Bowel damage that causes the bacteria to spread to the bloodstream and other body parts
  • Poor feeding
  • Temperature variance

As a parent or caregiver, the manifestation of these signs in your newborn should indicate you need emergency medical attention. Cronobacter Sakazakii infection is common among infants in their early days or weeks of birth. A newborn two months or younger are at an elevated risk of developing meningitis if they have Cronobacter infection.

Note that when your infant develops meningitis because of Cronobacter bacteria, they will likely develop severe and life-changing brain problems. Again, almost half of the newborns that develop meningitis end up dead, which explains why you must act quickly in the event of Cronobacter signs.

Salmonella Symptoms

Another infection that has been associated with feeding infants instant formula is Salmonella. When newborns develop the infection, they are at an elevated risk of gastroenteritis, an illness that causes the swelling of the intestines. If your infant develops the condition, the common symptoms include:

  • Diarrhea
  • Fever
  • Abdominal cramps

Nonetheless, when the condition goes untreated, the symptoms become severe. The signs the newborn will experience in severe cases include:

  • Severe headache
  • Rashes
  • Bloody urine or stool
  • High fever

In severe cases, you can end up losing your infant. So, you should always act fast when you observe signs of the condition for the problem to be addressed early before it becomes severe or fatal.

Legal Action After Your Infant Has Been Infected

When you observe any of the symptoms mentioned above after feeding them Similac, EleCare, or Alimentum, you should not hesitate to reach out to your medical care provider and record a statement on the incident with the MedWatch Program.

Once your child has been diagnosed with Cronobacter or Salmonella, you should consult with a legal expert.

When you meet your product liability attorney or other legal experts for the first time, they will require you to elaborate on all the case facts regarding feeding the infant contaminated instant formula. So, to ensure you are adequately prepared to answer this question, you must have a clear perspective of the events that led your baby to develop the condition. You should start by mentioning the time you started feeding the newborn powdered formula, the product they were consuming, and the time when you began to notice a change in behavior or growth.

Similarly, the legal expert will need the medical records showing the diagnosis from a healthcare professional. Typically, when you notice your infant is unwell or portraying Cronobacter or Salmonella infection symptoms, you will take them to a doctor for further testing and counseling. Therefore, you will likely have all the medical reports the product liability attorney will need to help with your claim.

Nonetheless, you must prepare these documents and even request records where they are not provided. Apart from medical records, you should request copies of medical receipts as these will be crucial evidence when a mass tort opens up or claims. Also, with all the necessary paperwork to back your claim, it will be easy to sue Abbott for their negligence and obtain damages.

You need all the evidence that can help prove that your infant developed any of these conditions after consuming Abbott’s instant formula. Thus, the manufacturer is liable for the harm or death suffered by your child. On top of the medical report, you must note down your infant's suffering due to the condition to claim pain damages. Again, infections like meningitis will require future medical treatment because of the brain damage they leave behind. Therefore, you will need the doctor to include any necessary future medical treatment and the cost to claim these damages from the liable party.

Note that if there are many aggrieved parties whose infants have been injured by instant formula, you can be eligible for a mass tort. However, you must interact with these parents or caregivers to confirm that you have the same issue. Joining a mass tort will not be easy. Your attorney must prove your damages, and the liable party is the same as other plaintiffs.

Nonetheless, because, for now, you are unsure about a mass tort, you can talk to your attorney to take legal redress against Abbott alone. It will not be easy to sue the company alone, considering their resources, but if you have adequate evidence to prove your claim, you should go-ahead to file a lawsuit. When successful, you will obtain the compensation that will help cover all the costs incurred in medical treatment and other losses linked to the instant formula.

Find a Product Liability Expert Near Me

It is devastating to learn as a parent or caregiver that your newborn’s developmental issues are associated with the inappropriate production of instant formula. Ideally, these products are the sole source of nutrition for the nation’s infants and should uphold the highest standards. Therefore, suing the manufacturer for your infant’s Cronobacter or Salmonella infection is essential. Nevertheless, you need an attorney to help you sue those responsible. At Consumer Alert Now, we can offer you access to experienced legal experts who will guide you on the proper action to take to remedy your situation. Call us today at 800-511-0747 for a free consultation.