"The company is doing a good job of removing this product from the market," says Kreller, who is in the preliminary stages of putting the case together. "But think people should be compensated for doctor visits and even visits to the emergency ward. There should damages for mothers who were worried about babies who wouldn't take the Similac formula and cried for hours and hours.
"We have been contacted by an overwhelming number of concerned mothers… We want to make sure this never happens again"
"We want to make sure this never happens again."By Abbott Laboratories' own admission, the powered Similac was definitely contaminated when they ordered it removed from store shelves and warned people not to give to babies. "There were problems with the Michigan plant which allowed some beetles and beetle larva to contaminate the product," says Kreller. "Our focus is on what went wrong, what protocols were violated and why this happened."
Internet blogs are full of questions from mothers concerned about the potential effect of the contaminated baby formula on their newborns. Many more are demanding the company offer up more than a few dollars in product vouchers from the company.
"We have been contacted by an overwhelming number of concerned mothers," says Kreller. "They reported to us various kinds of problems children have experienced by taking this formula."
Most complaints are about gastrointestinal problems and diarrhea. Others report cranky babies who wouldn't take the formula and there some complaints about babies with stomachs that were sensitive to the touch and still others complaining about diaper rash.
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"These are infants that rely on antibodies from the mother to thrive," says Kreller. "Similac advertises itself as having these types of benefits, and when you allow a beetle or beetle larva to come intact with a newborn, their immune system is just not capable of dealing with those kinds of impurities.""I think there are some issues the company has not yet addressed, and that's what we are pursuing," says Kreller. His firm, Kreller Law, has been fielding calls from across the US. He expects the class to be quite large and is anticipating a significant legal battle.
Abbott Laboratories has 30 days to respond to the suit.
Stephen Kreller earned his J.D. at Loyola University in New Orleans. His firm, Kreller Law, focuses on class action, mass toxic tort, product liability, environmental litigation, personal injury, consumer fraud and mortgage fraud.