Charleston law firm files class action lawsuit over contaminated baby formula

CHARLESTON, S.C. (WCBD) – A law firm in the Lowcountry is filing a nationwide class action lawsuit against the laboratory that manufactures baby formula’s, recently recalled by the Food and Drug Administration for possible contamination.

The FDA is warning consumers not to use or purchase certain powdered formula’s such as Alimentum, Similac and Elecare made by “Abbott Nutrition” as they could be contaminated with bacteria. Roy Willey, a trial lawyer with the Anastopoulo Law Firm representing the case says people around the world could be impacted.

“There’s a certain level of trust with this product that’s really been broken because they have known about this for four months and have allowed customers to still purchase it,” says Willey.

The FDA is investigating after several babies were hospitalized and one died. Investigators believe the illnesses could be related to contamination in some of the company’s powdered baby formulas.

“Similac is supposed to be one of the best. It’s the one that hospitals here give you,” says Willey.

Officials say babies are showing side effects of diarrhea, fevers and bowel damage. Willey says they are representing a client in Ridgeville whose infant has been exposed.

“She’s just one of many people that’s been affected by this. Its happened nationally and it’s very widespread,” says Willey.

Willey says this lawsuit hits close to home as he’s got a three-week- old baby that uses one of the recalled formulas.

“We are in the midst of this. I actually had this product and was feeding it to my child,” he says.

Lawyers say the liquid product is safe, but the bacteria lives in dry conditions and urge people to make sure they are throwing out any recalls.

“Most of this formula is produced in the facility so if you have this formula, you probably have the affected recall,” says Willey.

Officials say as of right now any Silimac Alimentum that expires by April 1st are the ones recalled, but the FDA says they are continuing to investigate the facility.