The U.S. Food and Drug Administration (FDA), on March 17, 2023, announced a recall. The recall involved multiple lots of Gerber baby food. The lots were being recalled because they might contain Cronobacter sakazakii bacteria.
The Gerber Sooth Pro recall came just a year after Abbott recalled powdered infant formula. That recall was due to complaints of Cronobacter sakazakii and Salmonella Newport infections.
Four infants were hospitalized and two died relating to the recalled Abbott formulas.
The recalled Gerber baby food products, according to the FDA, got distributed to retailers in eight states after the recall.
Abbott knew or should have known that their products could cause infections as early as September 2021. They failed to warn about it or recall the products until February 2022, though. Politico reported that an infant became ill from Cronobacter sakazakii in September 2021. The FDA found Cronobacter sakazakii in numerous environmental samples taken at Abbot’s Sturgis plant in January 2022. The FDA found records indicating Abbott had found the bacteria in the plant and had responded by destroying product.
Baby food manufacturers that know or should know their product is dangerous, yet fail to warn about it, are financially liable under California law for any injuries or sicknesses caused by their product. This means that you are eligible to file a lawsuit if your infant became ill due to one of Abbott’s products.
Baby food contaminated by bacteria has a manufacturing defect under California law. You are eligible to file a lawsuit against Gerber if your infant because ill due to Gerber baby foods.
Call us today for a free consultation, or text us from this page, if your infant suffered a Cronobacter sakazakii or Salmonella Newport infection after using Gerber, Similac, Alimentum or EleCare powdered infant formula. Our toxic baby food lawyers don’t charge a fee for our representation until and unless we win your case and recover financial compensation for you.
Gerber Formula Recall 2023 – Is Gerber Baby Food Safe?
Many lots of Gerber brand baby food received a recall on March 17, 2023. Those lots were:
Gerber Good Start SoothePro 12.4 oz:
- 301157651Z – USE BY 12JUL2024
- 301057652Z – USE BY 11JUL2024
- 301057651Z – USE BY 11JUL2024
- 300857651Z – USE BY 09JUL2024
- 300757651Z – USE BY 08JUL2024
- 300557652Z – USE BY 06JUL2024
- 300557651Z – USE BY 06JUL2024
- 300457651Z – USE BY 05JUL2024
- 300357651Z – USE BY 04JUL2024
Gerber Good Start SoothePro 30.6 oz:
- 301557651Z – USE BY 16JUL2024
- 301457652Z – USE BY 15JUL2024
- 301357652Z – USE BY 14JUL2024
Gerber Good Start SoothePro 19.4 oz:
- 301557652Z – USE BY 16JUL2024I
These powdered baby foods got recalled because they might contain Cronobacter sakazakii bacteria. The FDA advises those who have purchased any of the above products to stop using the products and dispose of them.
Call us today for a free consultation if your infant became ill after consuming one of the above Gerber products. You may qualify for financial compensation in a toxic baby food lawsuit.
Alimentum, EleCare And Similac Recall
The FDA has advised consumers not to use Similac, Alimentum or EleCare powdered infant formulas if:
- Their code’s first two digits are 22 through 37
- Their container’s code contains Z2, SH or K8, and
- Their expiration date is April 1, 2022 or later
The recall was expanded on February 28, 2022 to include a single lot of Similac PM 60/40, lot number 27032K80 for cans and lot number 27032K800 for cases. These lots contain expiration dates of April 1, 2022 or later.
You may be eligible for financial compensation in a Similac recall lawsuit if your infant became ill after consuming one of the following baby formulas:
- Similac Total Comfort Powder – 12.6 oz
- Similac Advance Formula – 12.4 oz
- Similac PM 60/40 Formula – all sizes
- Similac for Spit Up Formula – 12.5 oz
- Similac Sensitive Formula – 12.5 oz
You may be eligible for a financial recovery in a Similac Alimentum recall lawsuit if your infant became ill after consuming:
- Similac Alimentum Powdered Formula – all sizes
You may be eligible for financial compensation in an Elecare recall lawsuit if your infant became ill after consuming:
- EleCare Jr. Formula – all sizes
- EleCare Infant Formula – all sizes
Baby food companies are liable when babies become sick from baby food with defects such as bacterial contamination. Call us today for a free consultation if your infant became ill after consuming one of the above Similac, Alimentum or EleCare baby foods.
Cronobacter Sakazakii Symptoms
Cronobacter sakazakii infections in infants are rare. Only about two to four of them get reported to the CDC every year. These infections can be deadly, though.
Cronobacter sakazakii infections, according to the CDC, can lead to a blood infection (sepsis). They can also lead to an infection of the linings around the brain and spinal cord (meningitis). Sepsis and meningitis can both be fatal infections.
The first symptoms of Cronobacter sakazakii infection in infants are:
- Poor feeding
- Very low energy
The CDC recommends taking any infant with these symptoms to a doctor.
The symptoms of sepsis, according to the CDC, are:
- High heart rate
- Low blood pressure
- Extreme pain or discomfort
- Feeling very cold
- Shortness of breath
- Sweaty or clammy skin
The symptoms of meningitis, according to the CDC, are:
- Stiff neck
- Eyes being sensitive to light
It may be difficult to notice these symptoms in infants, though. Infants with meningitis, according to the CDC, may:
- Be irritable
- Be inactive or slow
- Feed poorly
- Have abnormal reflexes
- Have a bulging soft spot on their head
The CDC recommends calling a doctor right away if your infant has these symptoms.
Salmonella Newport is a variant of Salmonella which is resistant to several drugs.
The symptoms of a Salmonella infection, according to the CDC, are:
- Diarrhea, sometimes with blood
- Stomach cramps
What Is Cronobacter Sakazakii?
Cronobacter Sakazakii can cause harm to anyone, but it is very dangerous for infants. It can sometimes cause NEC, meningitis or sepsis.
The bacteria was discovered in 1980. A lot of research has since been done linking it with various effects on health.
The bacteria was previously known as Enterobacter Sakazakii. Its name got changed because scientists decided that clarification was needed.
What Is Salmonella Newport?
Salmonella Newport is a strain of salmonella bacteria. There are over 2,600 strains of salmonella bacteria.
Salmonella Newport is quite dangerous for infants. This is because it is resistant to some treatments and drugs.
Infection with salmonella is also known as salmonellosis. It can cause fever, stomach cramps and diarrhea. The infection can end up in the stream, causing additional, severe effects on health.
Those with compromised immune systems are the most susceptible to serious salmonella infections.
Salmonella infections in those with compromised immune systems are typically treated with antibiotics. Some strains, such as Salmonella Newport, are resistant to certain drugs, though. This makes treatment difficult.
Can I Afford To File A Lawsuit Against Gerber Or Abbott?
Nadrich & Cohen are contingency fee lawyers. This means that we only charge a fee if and once we recover a financial recovery for you. We do not charge an upfront fee and you will never owe us any money out of pocket. The only fee we charge is a percentage of any recovery we win for you, and we don’t charge this fee if we don’t win your case.
This means that anybody can afford to have the experienced, expert baby formula recall lawyers at Nadrich & Cohen represent them against Gerber or Abbott in a lawsuit. Call us today for a free consultation or text us from this page if your child became ill after consuming contaminated baby food made by Gerber or Abbott.
How Long Do I Have To Sue Gerber Or Abbott?
California’s personal injury statute of limitations is two years from the date you become aware of an injury. This means that you have two years from the date your infant got diagnosed with a Cronobacter sakazakii or Salmonella Newport infection to file a lawsuit against Gerber Foods or Abbott.
Failure to file a lawsuit within this time frame can forever bar you from obtaining financial compensation for the illness, and possibly death, of your infant. Don’t wait; call us today for a free consultation so we can file your lawsuit in time and protect your legal rights.
How Much Money Can I Recover In A Lawsuit Against Gerber Or Abbott?
Lawsuits are now being filed against Abbott for causing potentially fatal bacterial infections. They seek compensatory damages which can cover medical bills (including future care), pain, suffering and other out-of-pocket costs.
It is impossible to put a price on the life and well-being of a baby. You can’t put a price on the emotional distress caused by an infant’s illness or death. No two cases are the same. Each case will be worth a different amount due to the individual circumstances of the case. Nadrich & Cohen will fight for the largest financial recovery possible under California law.
If your child became ill after consuming contaminated baby food made by Gerber or Abbott, you may qualify for financial compensation for:
- Medical bills: Your child probably required medical treatment after eating contaminated baby food. Your child may also require treatment in the future after becoming ill from contaminated baby food. You may qualify for past and future medical bills you’re facing due to your child becoming sick after eating defective baby food.
- Pain and suffering: Your child likely experienced physical pain and mental suffering as a result of becoming ill after eating contaminated baby food. You probably experienced mental suffering as well when this occurred. You may qualify for compensation for any physical pain and mental suffering related to your child’s illness.
- Lost wages: You may have missed time from work when your child became ill. You may have had to stay home to take care of your child. You may have had to take time off from work to take your child to medical treatments. You may be eligible for compensation for any wages you weren’t able to earn because of your child’s illness.
- Permanent disability: Your child’s illness may have caused your child to become permanently disabled. This could drastically affect your child’s ability to earn money as an adult. It could mean your child needs care for the rest of their life. You may be eligible for compensation for all of the effects that being disabled has on your child.
- Lost quality of life: If your child has been permanently harmed by an infection caused by contaminated baby food, this permanent harm could cause a reduction in your quality of life as well as the quality of your child’s quality of life. You may qualify for compensation for this reduction in quality of life.
- Wrongful death: If you lost a child to an infection caused by contaminated baby food, you may qualify for compensation for funeral costs, burial costs, loss of companionship and more.
- Punitive damages: Punitive damages are not always awarded in product liability lawsuits. They are sometimes awarded when it is found that defendants behaved particularly badly. Abbott reportedly knew their baby food products were contaminated by bacteria for months before finally recalling the products. Punitive damages may be in play in a baby food lawsuit against Abbott.
Call us today for a free consultation to discuss exactly what kinds of compensation you may qualify for.
Baby Formula Recall Updates
In May 2023, U.S. District Judge Matthew F. Kennelly dismissed claims for economic losses which class action lawsuits raised. However, Kennelly will allow individual injury lawsuits to proceed regarding injuries stemming from Cronobacter sakazakii and Salmonella Newport infections.
On May 22, 2023, U.S. District Judge Matthew Kennelly dismissed claims made by parents which pursued only economic losses related to baby formula which allegedly saw a “substantial risk” of being contaminated by bacteria. The parents claimed they never would have bought the formula, or wouldn’t have paid so much money for the formula, if Abbott hadn’t claimed their formula was safe. Kennelly, however, said there was no standing for the parents to sue, saying the parents failed to show which lots or products by Abbott were contaminated, and failed to show that their children showed symptoms of eating contaminated food.
A judge overseeing an Abbott formula MDL said on May 1, 2023 that he isn’t sure if he will allow parents who pursue economic claims only to remain in the case, noting they are presenting arguments for standing which seem too broad. Economic claims are claims which can be objectively quantified, such as claims for medical bills. Non-economic claims are claims which can’t have an objective value attached to them, such as claims for pain and suffering, or claims for emotional distress from losing a baby.
On March 30, 2023, the FDA provided guidance to the infant formula industry regarding how to prevent future contamination of infant formula by bacteria. For more information on that guidance, click here.
On March 17, 2023, limited quantities of Gerber Good Start SootheProTM Powdered Infant Formula were recalled due to the possibility of Cronobacter sakazakii contamination. For the lot codes and use by dates of the recalled products, click here.
On February 20, 2023, two batches of Enfamil ProSobee Simply Plant-Based Infant Formula were recalled due to the possible presence of Cronobacter sakazakii. For more information on this recall, click here.
On February 8, 2023, a Pennsylvania women filed a class action lawsuit against Abbott Laboratories, alleging her and other parents were tricked into feeding their infants contaminated formula. Some plaintiffs can make more money in an individual lawsuit than in a class action lawsuit, though. If you have questions regarding whether joining a class action lawsuit or filing an individual lawsuit is better for you, call us today for a free consultation.
In January 2023, Abbott confirmed that the Justice Department is investigating their Sturgis manufacturing plant in connection with formula becoming contaminated by bacteria.
In August 2022, yet more lawsuits against Abbott over the contaminated infant formula were consolidated into another MDL to be overseen by Judge Matthew F. Kennedy in the United States District Court for the Northern District of Illinois.
Do I Need A Lawyer?
California law allows you to recover financial compensation for your infant’s past and future medical bills. You can recover money for pain and suffering, as well as any emotional distress you have experienced due to the sickness or death of your infant. California law also allows you to recover wrongful death damages. You can recover these if your infant died after consuming Gerber or Abbott’s toddler food products.
If your infant became seriously ill or died after developing a bacterial infection from one of Gerber or Abbott’s formulas, you may be eligible for a very large settlement. You have no hope of obtaining every dollar you’re entitled to under the law, though, if you don’t have strong, experienced product liability lawyers like Nadrich & Cohen by your side.
Gerber Products Company is a subsidiary of Nestlé, whose 2022 revenue was $104.24 billion. Gerber can afford very expensive lawyers. Abbott Laboratories made $4.495 billion in profits in 2020 and possessed $72.548 billion in total assets in 2020. Abbott can also afford top-notch lawyers. You cannot hope to beat them in court unless you are also represented by top-notch lawyers like Nadrich & Cohen.
We have been representing victims of defective products in lawsuits such as Gerber lawsuits, Similac lawsuits, Alimentum lawsuits and EleCare lawsuits since 1990. We have recovered hundreds of millions of dollars for our clients in that time.
We have vast experience representing victims of defective products. We’ve represented infants who have developed rickets after taking Neocate baby formula. We’ve represented infants who have developed necrotizing enterocolitis after taking Similac or Enfamil baby formulas. We’ve represented infants who have been diagnosed with autism spectrum disorder or ADHD after being exposed to baby foods contaminated with toxic heavy metals. We are extremely experienced in handling product liability lawsuits against major brands.
Don’t go it alone against Abbott’s expensive corporate lawyers. Hiring lawyers like Nadrich & Cohen with vast experience representing injured infants against large corporations gives you the best change of obtaining justice and the largest possible financial recovery in a lawsuit against Abbott.
Call us today or text us from this page for a free consultation if your infant was diagnosed with a Cronobacter sakazakii or Salmonella Newport infection after consuming Similac, Alimentum or EleCare powdered infant formula. You may be eligible for financial compensation.