Abbott Nutrition’s Voluntary Recall is Not Enough

After multiple infant deaths and/or infections allegedly caused by unsafe baby formula, Abbott Nutrition recently issued two voluntary recalls of its powder formulas made in its manufacturing facility in Sturgis, Michigan. These powder formulas include Similac, Alimentum and EleCare.

During recent testing in their Sturgis, Michigan facility Abbott did in fact find evidence of Cronobacter sakazakii within the facility. However, Abbott claims the bacteria was found in non-product contact areas of the facility and that none of the distributed product tested positive for any of the bacteria. Nevertheless, Abbott proactively recalled its products after four consumers complained of infants contracting Cronobacter sakazakii or SalmonellaNewport infections after consuming Abbott’s powder formula manufactured in the Sturgis facility.

Abbott claims “All finished infant formula powder products are tested for Cronobacter, Salmonella, and other pathogens,and they must test negative before the product is released.”

At that time, Abbott put out a voluntary recall of powder formula manufactured in the Sturgis, Michigan factory with an expiration date of April 1, 2022, or later to be proactive. Less than 2 weeks later, Abbott updated its recall by including additional lots of Similac PM 60/40 (Lot # 27032K80 (can) / Lot # 27032K800 (case)) also manufactured in the Sturgis, Michigan facility.

The death of an infant who tested positive for Cronobacter sakazakii after consuming formula from that lot is still under investigation.

Although the cause of the infant’s fatal infection has not been officially determined, Abbott Nutrition knew there were prior cases of other infants contracting this bacteria and therefore should have taken stronger actions to protect all future users of their formula.

In Massachusetts, the law requires product manufacturers like Abbott to sell products that do not pose an unreasonable risk to consumers.

Manufacturers are required to:

• Eliminate dangers, if possible
• Guard against those dangers if the danger cannot reasonably be eliminated
• Warn against these dangers when the danger cannot be avoided otherwise.

The more likely the danger and the more grave the potential risk, the more prudent the manufacturer needs to be in recalling its product.

Here, Abbott not only knew that bacteria was in the facility, but also other children reportedly suffered illness. Under such circumstances, Abbott needed to be diligent and to take quick and affirmative actions to protect children from this deadly infection. As more information develops, we’ll learn how diligent Abbott really was here.

At DILLER LAW, we represent families of people injured or killed by hazardous products. If someone in your family has suffered an injury because of a hazardous product, you should consult with an experienced lawyer who can evaluate whether or not the manufacturer, and/or seller of the product failed to keep you safe and free from foreseeable danger.

The lawyers at DILLER LAW do not charge a fee for the initial consultation” because we generally work on a contingency fee, and we understand how difficult financially it is for those who have recently suffered an injury resulting from a hazardous product.

For a free legal consultation call us now at (617) 523-7771