Similac Lawsuit

Similac lawsuits have been filed for babies who were infected with bacteria or diagnosed with necrotizing enterocolitis (NEC), meningitis, sepsis, and other severe side effects.

What You Can Do & How We Can Help

The Schmidt Firm, PLLC is currently accepting Similac induced injury cases in all 50 states. If your baby was diagnosed with necrotizing enterocolitis after being given Similac baby formula, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.

UPDATE: Liquid Similac® Baby Formula Bottles Recalled for Spoilage Risk

In October 2022, Abbott recalled certain 2-oz. bottles of liquid Similac® baby formula because the lid might not be completely sealed, which poses a spoilage risk.

Abbot warned in the recall: “If spoiled product is consumed, gastrointestinal symptoms such as diarrhea and vomiting may occur.” For a list of lot numbers, visit www.similacrecall.com.

The following products are included in the recall:

• Similac® Pro-Total ComfortTM
• Similac® 360 Total Care®
• Similac 360 Total Care Sensitive
• Similac® Special Care® 24
• Similac Stage 1
• Similac® NeoSure®
• Similac Water (Sterilized)
• Pedialyte Electrolyte Solution

Similac Lawsuits Centralized in Federal Court

In April 2022, federal judges decided to centralize dozens of Similac lawsuits into a single federal court, under one judge, similar to a class action.

In the future, NEC baby formula lawsuits for Similac and Enfamil will be centralized into a Multi-District Litigation (MDL No. 3026) in the U.S. District Court for the Northern District of Illinois under Judge Rebecca R. Pallmeyer — IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation.

FDA Finds “Unsanitary” Conditions at Baby Formula Manufacturing Plant

FDA inspectors found a long history of contamination with Cronobacter bacteria, including 8 positive results for Cronobacter in a manufacturing facility in Michigan between fall 2019 and February 2022. The ongoing problems with poor quality control may have contributed to a deadly outbreak of Cronobacter illnesses, and a massive recall of baby formula, according to the FDA. The agency posted inspection reports from the manufacturing plant in Sturgis, Michigan, that has been linked to the deadly outbreak of Cronobacter.

2022 UPDATE: More Similac Recalled After Baby Dies of Infection

On February 28, 2022, Abbott expanded a recall for Similac after a report of a baby who died. The baby tested positive for Cronobacter sakazakii and was fed Similac PM 60/40.

The recall involves Lot # 27032K80 (can) / Lot # 27032K800 (case) manufactured in Sturgis, Michigan. Abbott said, “This case is under investigation, and at this time the cause of the infant’s Cronobacter sakazakii infection has not been determined. We want to extend our heartfelt sympathies to the family.”

Full List of Recalled Similac Baby Formula Products

The following products are included in the recall if they have all three items below:

• the first two digits of the code are 22 through 37 and
• the code on the container contains K8, SH, or Z2, and
• the expiration date is 4-1-2022 (APR 2022) or later

Similac Products
Abbott Similac 360 Total Care Infant Formula with Iron
Abbott Similac Advance
Abbott Similac Advance Step-1
Abbott Similac Advance Step-2
Abbott Similac Advance Infant Formula with Iron
Abbott Similac Human Milk Fortifier
Abbott Similac Organic
Abbott Similac Organic with A2 Milk Infant Formula with Iron
Abbott Similac Organic with A2 Milk Toddler Drink
Abbott Similac Organic Toddler with A2 Milk Infant Formula with Iron
Abbott Similac Pro-Advance
Abbott Similac Pro-Advance Infant Formula with Iron
Abbott Similac Pro-Sensitive Infant Formula with Iron
Abbott Similac Pro-Total Comfort Infant Formula with Iron
Abbott Similac Sensitive
Abbott Similac Sensitive Infant Formula with Iron
Abbott Similac Sensitive Lactose Sensitivity
Abbott Similac for Supplementation
Abbott Similac For Spit Up Infant Formula with Iron
Abbott Similac Total Comfort
Abbott Similac Total Comfort Infant Formula with Iron
Abbott Similac EleCare HMO
Abbott Similac EleCare
Abbott EleCare Similac Gold
Abbott EleCare Similac
Abbott Similac PM 60/40 – only lot code 27032K80 (can) / 27032K800 (case)

What Should Parents Do?

Parents and caregivers should get emergency medical care if a baby has symptoms related to Cronobacter or Salmonella infection, such as

• poor feeding
• irritability
• temperature changes
• jaundice
• grunting breaths
• abnormal movements
• lethargy
• rash
• blood in the urine or stool.

Similac Recalled After Deadly Infection Outbreak

In February 2022, Abbott Laboratories recalled Similac, Alimentum and EleCare powdered baby formula from a facility in Sturgis, Michigan, after a deadly infection outbreak.

There were 4 complaints of babies who were infected with Cronobacter or Salmonella, including 1 baby who died. The recall involves the following products:

• Product code: First two digits are 22 through 37, and the code on the container contains “K8,” “SH,” or “Z2”
• Expiration date: 4-1-2022 (APR 2022) or later.

Abbott Labs Requests MDL to Centralize Similac Lawsuits

In January 2022, lawyers for Abbott Laboratories have filed a motion (PDF) asking federal judges to set up a Multi-District Litigation (MDL) to coordinate Similac lawsuits into one federal court, under one judge, for pretrial proceedings.

The MDL process is similar to a class action, but unlike a class action, each lawsuit remains independent. Abbott said it is currently facing 17 Similac lawsuits in various courts nationwide, and lawyers expect hundreds more Similac lawsuits to be filed in the upcoming months.

All of the lawsuits accuse Abbott of failing to warn parents and caregivers about the risk of premature babies developing Necrotizing Enterocolitis (NEC), a life-threatening intestinal side effect of Similac.

What is Similac?

Similac® is a cow’s-milk based baby formula that is marketed by Abbott Laboratories for infants under 12 months old, including premature babies. The formula is manufactured by adding milk sugar (lactose), and the butterfat is removed and replaced with vegetable oils and other fats.

Types of Similac for Premature Babies

Similac Special Care® is a baby formula that is specially advertised for premature newborns (preemies). Other products, such as NeoSure® and Human Milk Fortifier® are also made by Abbott Laboratories, the same company that makes Similac. All of these products may increase the risk of necrotizing enterocolitis, yet fail to include warnings on the label.

As of 2016, Abbot specifically marketed 7 products for premature or low-birth-weight babies:

What is the Problem?

Unfortunately, the label on Similac does not include warnings about necrotizing enterocolitis, which is a life-threatening intestinal side effect that is far more common in premature babies who are given cow’s-milk baby formula rather than human milk (which may be pasteurized and sourced from donors).

Health Risks of Similac in NICU Babies

Premature babies need human breast milk, but mothers can’t always breastfeed a baby in the NICU. Premature babies also need extra calories to grow, so doctors mix Similac (cow’s milk formula) with human breast milk. Unfortunately, the baby’s intestines may not be able to digest cow’s milk properly, which can lead to severe inflammation, necrotizing enterocolitis, sepsis, and death.

Evidence Linking Similac and Necrotizing Enterocolitis

In 2012, the American Academy of Pediatrics recommended premature infants should only drink human milk. The expert advice is based on decades of research linking cow’s-milk formula with necrotizing enterocolitis.

For example, a study in 1990 confirmed that premature babies were 6-10 times more likely to develop necrotizing enterocolitis if they were exclusively given cow’s-milk based baby formula instead of human breast milk — (Source: “Breast milk and neonatal necrotising enterocolitis”).

Similac Lawsuit Filed for Baby Who Died of Necrotizing Enterocolitis

In May 2021, the parents of a premature baby boy who died of necrotizing enterocolitis filed a Similac lawsuit against Abbott Laboratories and Mead Johnson & Company.

The baby, Daniel R., was born at 31 weeks and hospitalized in the Neonatal Intensive Care Unit (NICU) at Valley Children’s Hospital in Merced, California, where he was fed Similac infant formula. Tragically, he died of necrotizing enterocolitis at just 16 days old.

The Similac Lawsuit was filed on May 14, 2021, in the U.S. District Court for the Eastern District of California — Case Number 1:21-cv-00798-AWI-SKO.

Similac Lawsuits Accuse Abbott Labs of Downplaying Deadly Side Effects

The label on Similac only warns that “very low birth-weight infants are particularly susceptible to gastrointestinal complications.” As a result, Abbott Laboratories has faced lawsuits from parents who accuse the company of failing to warn about the deadly health risks of Similac, particularly for premature infants.

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis (NEC) occurs when part of the intestinal wall dies due to severe inflammation, which can create a hole that leaks bacteria into the abdomen. Once this occurs, the baby can rapidly develop a severe infection that spreads in the body.

What is the Risk?

Necrotizing enterocolitis is the most common deadly intestinal disease in premature babies. It occurs in 7-12% of premature babies who weigh less than 3.3 pounds, and about 30% of cases are deadly.

NEC Can Lead to Long-Term Health Problems

Many babies only survive NEC after undergoing surgery to remove part of the intestines, but this often results in lifelong nutritional problems, or other complications, such as:

• Lifelong nutritional problems
• Need for parenteral (IV) nutrition.
• Failure to thrive
• Intestinal strictures, perforation, adhesions
• Liver disease (cholestasis)
• Developmental delays
• Short bowel syndrome if a large amount of intestine is lost
• Peritonitis (abdominal inflammation)
• Sepsis
• And more

Do I have a Similac Lawsuit?

The Schmidt Firm, PLLC is currently accepting Similac induced injury cases in all 50 states. If your baby was diagnosed with necrotizing enterocolitis after being given Similac baby formula, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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