Recalled Formula Lawsuit

AWKO Representing Families of Infants Infected by Pathogens Linked to Abbott’s Sturgis, Michigan Factory

If you or a loved one has a family member who contracted Cronobacter or Salmonella following ingestion of recalled formula from Abbott’s Sturgis, Michigan facility, call us today at 844-794-7402 or 850-202-1010.

On February 17, 2022, the FDA warned consumers to “not use recalled Similac, Alimentum and EleCare powdered infant formulas produced in Sturgis, Michigan,” referencing the FDA’s investigation of four hospitalizations and two deaths of infants reported to have ingested Abbott’s powdered baby formula from its Sturgis, Michigan plant. Three of the infants were infected with Cronobacter sakazakii and one with Salmonella Newport. The mortality rate of infants contracting Cronobacter is reported to run as high as 80%. Infections can lead to sepsis, severe meningitis and/or death.

The FDA released reports documenting the Agency’s observations following several inspections of Abbott’s Sturgis plant, including that:

  • Cronobacter Sakazakii was present in the Sturgis plant[1]
  • Abbott failed to adequately test for Cronobacter in its powdered infant formula,[2] and
  • Abbott failed to ensure numerous controls were in place sufficient to prevent contamination of its Sturgis powdered infant formula line.[3]

The FDA has made available information on how to identify recalled lots of Similac, Alimentum and EleCare powdered infant formulas produced in Sturgis, Michigan:   https://www.fda.gov/food/outbreaks-foodborne-illness/fda-investigation-cronobacter-infections-powdered-infant-formula-february-2022

AWKO Files Petition to Consolidate Nationwide Suits based on physical and/or economic injuries allegedly caused by recalled infant formula.

On Thursday, April 14, 2022, Bryan F. Aylstock, Sam Geisler and Caitlyn Miller of Pensacola-based Aylstock, Witkin, Kreis & Overholtz law firm filed the first petition to the Judicial Panel on Multidistrict Litigation (“JPML”) for the entry of an order transferring all present and future federal-filed cases involving Abbott’s recalled powdered baby formula to United States District Judge Beth Bloom of the Southern District of Florida.

Mr. Aylstock advocates for centralization and consolidation of the matters before Judge Bloom due to her considerable experience overseeing complex litigation matters, including class actions, as well as her efficient management of the earliest-filed recalled formula lawsuit which has been set for jury trial on May 8, 2023.

“These families deserve their day in court sooner rather than later,” stated Mr. Aylstock.

Aylstock, Witkin, Kreis & Overholtz, PLLC is a Pensacola-based law firm specializing in complex litigation on behalf of consumers injured by defective products, drugs, and medical devices.

[1] FDA.gov, March 18, 2022 Form 483, available at https://www.fda.gov/media/157073/download (last accessed on April 13, 2022).

[2] FDA.gov, Sept. 24, 2019 Form 483, available at https://www.fda.gov/media/156748/download (last accessed on April 13, 2022).

[3] FDA.gov, Sept. 24, 2021 Form 483, available at https://www.fda.gov/media/156747/download (last accessed on April 13, 2022).