Class Action lawsuit for Similac Recall 2010?

raitoya

My 10 month old daughter was on the Similac Advance that was recalled as well, my daughter became extremely sick towards the end of August she ran a high fever for 5 days straight and vomitted and could not keep anything down. I took her to the ER and they could not figure out what was wrong with her..I then took her the next day after the ER visit to the Doctor because she was still vomiting .... I am extremely upset about this and there should be a lawsuit. I had to miss work and also have doctors bills that have to be paid because of this! And yesterday before the recall was on TV she was vomitting the similac! If anyone wants to pursue a lawaction suit against Abbott I am definately in!

Nancy

My daughter was in and out of the hospital for 5 days, lost two pounds!! She was extremely dehydrated from diarrhea and vommiting! I called Simulac and they only said sorry. This caused my daughter to have mulitple medications that were border line safe to help her eat and also me to take a week off of work and stay home with her. She was so sick at one point the hospital admitted her for being purple in the face!

Ally

My son, who is now 15 weeks has also been sick. He cries almost all day, and we can tell that he is in pain. We have been in and out of the doctors office since he was born. He has had projectile vomiting, which has just recently stopped when the doctors prescribed prevacid. I am so angry about this! The doctors switched him to Similac Sensitive in early august and gave me a sample can. After feeding him a couple bottles from that particular can I noticed very small particles in the formula. I showed this to the doctor, who explained that the vitamins and minerals were not crushed completely, that the formula was safe. However, I threw out the formula, but saved the can just in case. Well, that can is part of the recall, and who knows how many other cans he had before that. Abbot has known about this for a while, they even said that they tested ALL the product on the line. Well, I know that is time consuming. As soon as they found out, they should have recalled ALL of the formula manufactured in that facility. I am so angry over this, parents trust these companies with our children's life practically. I am very interested in a law suit, not because of money, but because there should definitely be stricter regulations. This is absolutely ridiculous, and the fact that they have stated that there are no health risk, just makes me more angry. How do they know? Do these babies that are less than a year old tell them what is hurting them??

Romina

I have been giving my newborn son Similac too and yes, the same thing..the past 2 days, he has had a really upset stomach as well and today, one of my good friends emailed me about the recall. I checked the site and yea, the batch I had was recalled too. Mine were samples from the company itself. I too am looking to see if there is a class action lawsuit. They sent me the cans a couple of months ago...so they should've been aware of this disgusting issue.!! I am so upset because my poor newborn has been suffering and I could not figure out if it was my breast milk that was upsetting him...and I have to use formula too since I do not have enough milk yet.

Addy

My 4 1/2 month old son was also sick for last two days, I got this news from my brother in law that there is a recall on similac, and that might be the reason he's having gas trouble and temperature.

We verified it on their website, it's among the recalled lot.
I did't call the Dr. yet, just waiting till this evening and will go from there.

Please keep all of us posted on what needs to be don for class action lawsuit.
I am not planning to return the box as I wouldn't have any other proof that we had one from the same lot.

Adnan

Hi, this is Cynthia. I would also like to join you. My son is 10 months and he has been having Similac since he was born!!! I am really upset and hope I could have enough breast milk for him. The news make me really sad!!! And angry!!! He was sick for a week when he was about 2 weeks old. He started vomiting badly. We had to take him to the hospital and gave him medicine. It was so painful to see him going through that. And the only reason we did not change the brand because Similac is viewed as the top brand!! How disappointing!! How can we trust Abbot any more!! And how can beetles mixed up with the baby formula!! It's not about the money. It's about our babies!!! Please let me know how it goes. I would definitely join you!!!

Wild Toddler Twins

my twins have consumed 4-6 cans of this recalled formula. all the cans we have are recalled. I am sick and disgusted that I have been feeding my tweins beetles for a while now. They said possibly like 4+ months...

I want to sue them!!!!

bagals

I haven't been able to find any informtation n a class action lawsuit but my son and nephew have both been sick and drinking the affected formula. Also hadn't heard a thing about it and now scrambling to get everything replaced as I live far away from all stores and buy all baby products i large amounts. If you do hear of a class action lawsuit you should send the news my way as I am also one very pissed off mother.

stormy3109

I am very upset as well - my daughter was hospitalized for several days due to serious unknown stomach problems and being very sick and not keeping anything down. She goes on and off of being seriously sick since the end of July. I am so upset that this has happened - I just want my baby girl healthy again. I was almost late to work today too, it is what you have to do as a parent. Glad I was listening to the news or I wouldn't know anything about it. My main concern is all the suffering my child has gone through because of this infestation 9including being so sick and dehydrated that after 13 attempts to IV they went with putting the IV in the head). I cannot focus on work today, that is for sure! Good luck to all parents out there with this upsetting issue.

Kerry

We are completely upset too! Our son also was sick for the past 3-4 days and had diarrhea for over 2 days. He only got better once we started him on soymilk per our Doctor's recommendation. He was getting affected formula not just at home but also at daycare! What bothers me the most about this, is that I thought that Similac was the best brand. It's the brand they gave us at the Doctor's office and the Hospital, and it's the brand that has the highest concentration of DHA. Now something like this happens. We could have been buying the cheaper store brand or Enfamil and would have been better off.

Holly

Hi my name is Holly, i would also be interested in joining you on this lawsuit. I have a 2 week old baby boy, who has been using the now recalled similac Advance. He has been in and out of the doctors, in the ER and i have called the 24 hour nursing hotline as well. I have proof of doctors visits and he was to the point where the switched his formula over to the Isomil Advance soy formula because they thought he was having an allergic reaction to the similac advance formula and all of the formula's i have recieved and purchased since he was born on september 6, 2010 is on the list for recall including the sample cans that the doctor gave me to try of the soy formula. I also recieved a sample of the similac advance when i left the hospital after giving birth to him. He has been in so much pain he is litterally in tears. I was told by the nursing hotline to put him of mylacon gas drops which didnt help which caused me to go to the ER because i was to the point where i was afraid, for he was non stop crying, in excruciating pain curling up his whole body, had extreemly horrible diarhea ( purely water) to the point where you could lift up his onesie and you could see the color through the back of his pampers, going through 8-12 poopy diapers in a day. He also had vomiting about 2 times daily. I myself being a first time mom was to the point where i was questioning myself knowing that i have been through schooling for early childhood and work in a daycare with infants and toddlers. I have lost so much sleep and had to keep taking him out to go to the doctors to try to figure out what was wrong. Atleast now i know.. but i am a very upset parent because i know that my new born child shouldnt have to go through all this pain, its not fare.

Catherine

I so feel for all the parents out there with sick babies- its horrible ! :(

My 8 month old has also been on one of the recalled formulas (Similac Sensitive RS).
Before I even knew of the recall, she had been sick for a few days last week with diarrhea, fever, loss of appetite and also suffered from an extremely bad diaper rash (she normally rarely gets sick and never had a diaper rash prior to this). We (my husband and I) took her to the doctor and the doctor could not figure out what was wrong. Luckily since she is an older baby, she is able to eat more solid foods and had to consume less formula and drink Pedialyte & juice and she is feeling much better now.

We were able to directly attribute her symptoms to the Similac Formula, because we had just started her on the formula with the affected lot. ( She had consumed 1 and 1/2 containers with the same affected lot number before she was symptomatic).

I called Similac/ Abbott's Hot line because I was concerned with any long term effects my daughter my experience from the consumption of the contaminated formula and they told me that there was nothing reported ( as of yet.. but who really knows for sure ?).
I was upset that the Similac representative I spoke with was not the least bit sympathetic, apologetic or even expressed any concern when I explained that my daughter got sick from their product. I find that to be quite pathetic and extremely poor customer service. She should have at least said I'm sorry and acknowledge my concern.

I am disgusted with Similac/ Abbott's attitude towards this "voluntary recall", trying to make it out like its nothing and not many infants would be affected because its only a "minor chance" that something would happen. On the contrary, it seems that quite a few babies were affected by their contaminated formulas.

It makes me think that they had to make this recall known to the public because the FDA caught them in violation. How filthy must their facilities be to have a beetle infestation?
Aren't they supposed to do routine Inspections? Quality Control? etc. to make sure things like this doesn't happen? How can you trust that it was only an "isolated incident" ?.
They say the affected formula has been out for about 1 month-5 weeks but how long has it been really? What are they not telling us (concerned parents) ?

Parents are trusting the health of their infants (who are already fragile and immunocompromised) to Similac. Parents are willing to pay their higher prices and expect at least to get a high quality product. How can Similac/ Abbott be so negligent and lackadaisical ?

I don't want to "sue" anyone but If a Class Action Law Suit does occur, we may decide to take part in it. We just hope that, at a minimum, more should be done about this to make sure it doesn't happen again ever !- ie Stricter Standards, better Quality Control Measures, etc. Its not just about getting a refund back for the affected product ! We are talking about the health and welfare of our babies!

Its an absolute outrage that this could happen to INFANTS !

Its so sad that previously, we were raving about Similac RS Sensitive being a "miracle" for my daughter because she had horrible reflux, now we have switched back permanently to Enfamil AR and will not trust Similac Products again.

Brigette

there is obviously enough people judging by the posts to get a lawsuit going.....my daughter also has been sick for the past 3 days we bought our formula at sams club and it also was part of the recall and i am so angry that this has happened.....if anyone heres of a lawsuit please let me know

Sara

my ninth month old daughter has been drinking recalled formula for over A MONTH! i found a container underneath my sink that was recalled on top of one i just finished that was recalled now im questioning all the containers ive had for the past 2 months this problem should of been solved months ago and i have the container to prove it. she was sick puking diarreah and stomach crapping now i know that the formula that im suppose to be able to trust caused this. the fact that there factory was INFESTED with bugs sickens me how does that slip past someone. i have contacted a lawyer and he thinks there is a case so anybody that wants to file suit should contact a lawyer in there area and see what they should do...

Christy

My 2 1/2 month old has been consuming Similac since she was about a week old. First we started out with Similac Advance and she had major digestive problems. She had Diarrhea ever time we changed her diaper and she was extremely gasy and fussy. We decided to switch to Similac sensitive. She still has some problems but not as much. She still is really fussy and has alot of gas and now she is constantly spiting up ALOT!!!! I checked the recall and sure enough the two cans (I just bought) of similac sensitive where on there. Heres the thing......I also kept the the first two cans of similac advance b/c my husband wanted to use the container for something. And I checked those and those were on the recall too. So my daughter never had a problem with the formula it ws b/c she has been eating BEETLES!!!! WTH!!!! I have documentation from the doctor about her spitting up all the time and the fussiness, so that's good! After hearing about the recall, I remembered a time when I fixed my daughters bottle and there was something black in it. I thought that something just feel in the bottle while I was making it, but now I am thinking that it was a part of a beetle. This makes me sick to my stomach. I hope there is a class action against them b/c I will be the first one to sign it...They have made my child sick since she has been a week old.

Tony

I sent this to two attorneys. Rather than let someone on this blog tell me what can or can not happen I decided to contact attorneys. I live in Dallas so I contacted Domingo Garcia and some other guy I found on the internet who had the Similac recall on their website.

My son was born on June 7, 2010. After unsuccessfull attemps at breast feeding we started similac powder formula. He has had digestive problems from day one of using similac. The dr prescribed multiple medecines to help (Probiotics) and told us it was that his digestive system lacked enzymes. He would cry alot, have trouble digesting the formula and at times refuse to eat. He even got a hernia and his bellybutton popped out like a lime from all the crying. I called similac last night about the Similac recall and the symptoms he was experiencing were the ones the Similac rep told me was what babies were experiencing. I also found that all 3 of the current cans we had been using (mind you these are just from the past month) were all involved in the recall. What worries me is that we always bought from the same Costco. So I wonder if all those weeks we were giving contaminated Similac powder! Similac (Abbott) said that a medical professional from their company would be calling me today. We are taking the baby to see our pediatrician though since I dont think its smart to just have their doctor call me. They want me to send the cans in by mail or exchange them at Costco, but what evidence would I have? Let me know if there is anything you can do. My sons belly button is going to require surgery not to mention all the pain he experienced then us as parents feeling the stress of not being able to help him.

My son, who is rarely sick, has been vomiting and had very bad diarrhea the past week or so. Now I know why. If there is a class action lawsuit, I will be one of the first to sign on. It is not about wanting to bleed the company for money (though they have no problem doing that with the consumer), it is that we as parents have trusted this company with children and their wellness. How does BUG LARVA get into formula? How dirty must that facility be? And my infant son is the one who has to pay for their negligence. Do you really think Similac would have recalled the product if there were no repercussions? In my mind, "voluntary recall" is the corporate way of saying "we're only sorry because we could get in trouble, not because of the mistake."

Lillian

my son was perfectly fine until i opened up the powdered formula and gave it to my son about 30mins after he ate he threw up started coughing up yellow stuff became fussy i called my doctor he said wait 30mins and feed him again but my son slept the rest of the night only drinking between 1/2 an ounce to 2 and he usually drinks 4oz the next morning i thought i saw blood in his diaper i took him to the er the sticked and poked at him xrays etc etc etc i told them about the formula 14hrs later they say its the beginning of a stomach virus he had diarrhea its just been painful to watch the can i gave him is being recalled i'm pissed the HELL OFF i should be able to go to the store with confidence in the product and if other parents out there want to file a lawsuit let me in cause its ridiculous i haven't really slept i'm tired and its just a HOT MESS!

Jason Shellum

My 7 month old has been so upset for over the last two weeks(thats how far back I can remember, i am sure it has been longer)and me and my wife thought it was because she was teething until last night when we were watching the 10:00 news and saw this. WHAT happened to a little thing called quailty control? I am sick that I have been feeding my little baby bugs for god knows how long. If it takes a week to tell everybody about it i wonder how long it took to look for something like this. I have contacted my lawer and will be meeting with him on monday I dont care if I have to go it alone and dont care about the money dont even care if i lose something has to be done. Its not like my baby could tell me her belly hurts. I am SOOOOOO MAD about this.

Shannon Stutzman

I disagree with the responder that says a class action can't happen because Similac is offering a refund for the damaged product. If other parents have taken their child to the ER and/or their pediatrician as a result of this issue they have undoubtedly paid for more than just the product. I know we will at least be paying co-pays for those visits.

We have been so perplexed by these stomach issues. His symptoms include: soupy poop, tender to movement, serious crying for half an hour or more, sporadic crying and arching his back a LOT. We switched to Enfamil Lipil two nights ago and we have our happy little guy back. His poop is back to being sort of pasty and his disposition has entirely changed.

I am not looking for monetary compensation in terms of pain and suffering, but with health care costs being what they are, I do not think it is unreasonable to ask Similac for damages related to additional doctor visits, ER visits, etc. If anyone hears about something happening, please post!

Tim Heitkamp

My daughter also consumed 2+ containers of the contaminated formula. She has been sick for the past few days as well and not eating as much. I'm VERY disappointed that there was no press release to the media on this. I found out through a nurse! Nothing on any of the news sites that I checked this morning. Is Abbott going to pay for the time and money I spent driving all over town to try and find a substitute and be late for work today? How about the aggrivation of trying to get my daughter to eat different formula?

A class action could also inclde "pain and suffering" along with out of pocket costs.

I am glad that Abbott came forward and admitted, however I am not very happy with how it was brought to the public's attention.

There will be a class-action suit filed in this case, there's no question about it. There are firms that will begin the process in the proper venue - usually U.S. Federal Court. Please disregard all of the inaccurate armchair paralegal advice that you're seeing here. Be patient, hold all receipts and containers with lot numbers, manufacturing dates, etc. If you must return them for exchange, get a quality digital photo of the labels involved. NOTE: If you initiate a class action suit, the firm taking the case should do so based/paid on contingency. DO NOT PAY A RETAINER.

There is no telling what a class-action suit could bring in the way of relief until all evidence is in. In a case like this, there could be a myriad of conduct, inspection and process violations. And don't discount malice.

It is true that the lawyers get paid, but totally inaccurate to say that they're the only ones who do. The answer that refers to the "law" working only to refund out-of-pocket expenses: well, this person probably had his or her pockets emptied by a good lawyer (and deserved it).

Dave

I am in Boston and plan on contacting our lawyer in the coming days and will happily post information here after our conversation. My daughter is 6 months old and since Friday night has been consuming this recalled product. She became violently ill throwing up entire bottles, extremely bad mustard color diarrhea, and diaper rash. The doctors were unsure of what could cause it and assumed a stomach bug. However, she went without urinating for over 2 days and became dehydrated resulting in another doctor visit. This time she was admitted to the hospital and was put on IV fluids to rehydrate her, had to have a catheter in place for urination and to check for UTI, blood work the whole 9 with still no answers. Wednesday night after 6 days of drinking the recalled product is when the recall became public and sure enough our cans were affected. It is great to finally know what the reason for her sickness is BUT this does not excuse this!! It has become public that they found these insect parts sometime last week...why then did it take until Wednesday to become public? My daughter has been through a great ordeal in the past few days and has lost 1.5lbs in 4 days (she is only 16 lbs total)..this is completely unacceptable. Most of us who chose this brand of formula did so because we heard it was the best. It is certainly one of the most expensive and for a mistake like this to occur and then to take a week for it to become public cannot be tolerated. I do not know how many other children landed in hospitals but I will be happy to spearhead any legal action. I will post with more in the near future.

Jodi Skipper

i haven't been able to see the list yet.. the websites are down my son is on the similac advance complete nutrition kind.. the number on his is 91576t20 use by feb 2012.... its a big plastic container i bought from Sam's Club. if anyone knows or has any other sites i can view let me know please! i'm guessing they are down from all the hits they are getting today.
thanks!!!

atipton129

My daughter is 8 weeks old and has ingested at least 6 1/2 large plastic containers of the recalled formula. Sure, she has been a little fussy the past few days, but do I blame it on the formula? No. I think it is so sad that so many parents are switching formula BRANDS instead of just going to the liquid form of their recalled product! If a baby is already having GI issues, switching brands will only cause them more discomfort. Abbott Laboratories issued a voluntary recall, this was not mandated by the FDA, they are taking precautionary steps to make sure that NO contaminated formula gets into the mouths of little babes. To all the parents talking about lawsuits, keep in mind that only the â€œambulance-chasingâ€ lawyers will see any real profit from that, and it will only increase the price of ALL formula brands in the future. You will get a coupon for the SAME formula that so many are abruptly switching from! My question to these parents who are so irate over this issue is â€œWhat would you expect from Abbott? What would make you happy/put your mind at ease?â€ Unfortunately we canâ€™t go back in time and not purchase the POSSIBLY contaminated formula, just like Abbott canâ€™t go back in time and not ship the formula that is included in this recall. Keep in mind that if Abbott found just 1 beetle in their testing and quality control process, they would recall all formula manufactured in that facility and in a date range much larger than could have actually been affected. More than likely, your formula did not have any beetle parts/larvae. Iâ€™m not saying that itâ€™s not disturbing, because of course it is, but canâ€™t we just return the recalled formula, get a replacement, and move on with our lives? Hopefully this will be the worst thing that will ever happen to any of our children for the rest of their lives, but I highly doubt it.

Joshgw

We're all very upset and outraged. However a law suit isn't going to gain you anything. I don't think the aggravation is worth it, and the cost even worse. Plus, you'll lose. These things can go on for 10 years. These things are a dime or dozen n for them. The best thing you can do is never buy an Abbot Labs product again. These things are not unusual. It's an accident in that I doubt anybody deliberately inserted bugs into the formula. However, corporate America is allowed to run rampant, there is no oversight or regulations. This is a voluntary recall, NOT directed by the FDA. In fact drug companies sit on the FDA licensing boards. There is formaldehyde in baby shampoo, hand soap and toothpaste. All these salmonella and e. coli outbreaks are not happening in a vacuum. its corporations cutting corners, safety or otherwise just to make money. They didn't even tell Wal-Mart. There was a case where easy-bake ovens (yes I had one) that burned kids fingers off. Hasbro never issued a recall (or forced to by the CSPC). The only thing they offered to do was replace your oven, not even refund your money. What happened to them? Nothing.

Zach

I understand your frustration and anger, but you have to put your anger aside and think rationally. There will be no class action lawsuit over this. In law the only money you can recoup is what you paid out of pocket. In your instance you would be owed the amount you paid for the container your son get sick from. If he received medical attention as a result of the illness that cost you out of pocket. You cant make a person or company pay for damages that were not there, the law doesn't work that way. The company is offering refunds. That is all you can hope for.

Vet's Daughter

I'm sorry your son was sick, but filing a class action suit isn't going to help anyone. The company has already acknowledged the problem and made it public. As for a suit, the only people who ever get paid in a class action suit are the lawyers. I'm sure there will be lawyers crawling to take your case, but only because they know they'll get a huge payday for it.

William Hammons

My daughter who is 7 months old also became sick last week. She's turned down the formula for the first time...we were not sure if it was just because of her growing stage. She has cold like symptoms (that she has never had before), a slight temp, and seems to have an upset stomach in the mornings. I've always trusted Abbott nutrition. Not sure what should be owed as bugs are full of protein, but all these companies that keep waiting until everyone gets sick to do recalls or give warnings should learn a lesson. When it comes to newborns and infants there should not be any tolerance. I personally do not think I would take part in a class action as I would just like my refund for what I have paid, unless the doctor says otherwise about the illness caused. As for the people that can't get to the site to see if their CAN has been recalled...(Chances are your CAN has been recalled and I would stop using it right away until you know it has not been recalled) Try the site after midnight as the site seems to be overloaded in the normal hours of the day. So to answer the question, I agree a class action is coming, but I personally don't like the idea of taking advantage of the company if no real harm was done.

Katie

There was a class action filed in New Orleans today. I am part of the class. If you would like to get involved contact me and I can get you the information of the attorneys.

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