Similac Lawsuit Launched, New Moms Have Their Say

Chicago, ILIt's enough of a challenge mothering a newborn, with all the issues, joys and concerns that go along with it, without having to worry about feeding your baby something that is going to make her/him sick. But that's the now-expanded challenge of mothers after it was learned in September that the makers of Similac recalled millions of cans of powdered baby formula due to the potential for contamination.

According to United Press International (UPI), Abbott Laboratories issued a voluntary recall of its product September 22nd following two reports from consumers who found beetle larvae in the powered formula. The Chicago Tribune reported that insects and larvae were found in the manufacturing facility located at Sturgis, Illinois.

Mothers of newborns posting comments on babycenter.com, an online gathering place for new mothers, were reporting their babies were becoming unnaturally fussy, and suffered from loose stools or other behavioral changes after consuming what turned out to be a recalled can of Similac.

One mother who posted a comment on the day of the recall noted that her normally good-tempered baby was suddenly crying a lot: "and she almost never cries…except for a second to tell me she needs something. She has also eaten less and not wanted her [pacifier]...she would put her tongue up to block anything going in her mouth. We had two bottles with a single small black partical [sic] in it...yuck!"

Another mother related similar concerns, noting that her normally happy baby was suddenly cranky and spitting up while being fed Similac. After being switched to a different brand of formula: "today he has been so happy! And not fussy at all (it's not like him to fuss), but I guess we know why he was acting that way now. I feel so bad.…"

Little wonder that a class action lawsuit was launched, given the tremendous responsibility of a parent to care for, and provide every necessity for a newborn. Brought in US federal court in Chicago on behalf of Maria C. Kiely, the class action lawsuit alleges that Abbott knew that its baby formula was tainted for at least six days prior to announcing it to the public. As a result, the suit claims that the plaintiff's son, like thousands of babies throughout the country, suffered gastrointestinal health issues as a result of ingesting the tainted formula.

Specifically, according to UPI, Abbott knew about the insects on September 16th but did not issue a recall of the potentially affected products until six six days later.

"Abbott failed to properly exert quality control measures to ensure that the infant formulas were safe for consumption, did not cause adverse health effects, and did not contain beetle parts and beetle larvae," the lawsuit states.

The US Food and Drug Administration noted that the insects could give babies an upset stomach but would not cause long-term health problems.

Abbott issued a statement indicating that in its view the company acted quickly "in the best interest of children" and that the lawsuit was without merit.

Tell that to the mothers of newborns, who have enough to worry about without the possibility that food they are feeding their newborns could be contaminated. "Two nights ago my lil' guy was screaming and wouldn't calm down," writes one mother. "Tonight he's been a bit fussy too. Not sure if it's the formula or just being cranky/gassy...he's had this issue in the past. Could be the formula though.…"

Many women posting comments noted that the demeanor of their infants improved after switching to a different formula.