Parents Whose 13-day-old Daughter Died After Having Tainted Similac Formula Can File Lawsuit Against Abbott Nutrition: Judge

Abbott Nutrition, a mega-manufacturer, may face legal action from the parents of a 13-day-old baby girl who died after consuming contaminated formula last year. The lawsuit filed against the company can proceed, according to reports.

According to her mother, a dangerous germ caused a stroke on the right side of Kentucky newborn Willow Jade Dellaquila’s brain, ultimately leading to her passing on November 5, 2023.

According to records, the can of Similac Total Comfort powdered formula used in the baby’s bottles can be traced back to the deadly bacteria, cronobacter sakazakii.

Cheyenne Ping, a 25-year-old, expressed her deep sorrow by saying, “It’s truly heartbreaking.”

“This is something that nobody should have to experience.”

In 2022, a plant in Sturgis, Mich. owned by Abbott faced closure due to extensive contamination found during inspections. This came after reports of infant deaths and illnesses linked to the facility.

Parents were left in a frenzy to locate baby formula when the temporary closure occurred.

On Wednesday, an Illinois judge ruled that Christian Dellaquila, the father of Ping and little Willow, can proceed with a lawsuit against Abbott.

Two other families have reported that their children experienced severe brain damage due to cronobacter sakazakii found in Similac Neosure, a powdered formula manufactured by Abbott. The couple attempted to join the lawsuit alongside these families.

For the time being, the judge has asked that the three cases be filed separately.

Officials have reported two additional lawsuits related to the outbreak of bacterial infection. One of the cases involves a 6-week-old baby in Missouri who fell ill in March 2023, while the other case involves a 4-week-old infant from Illinois who was infected with the bacteria in July 2021.

Thankfully, they both managed to survive.

Each lawsuit is seeking a minimum of $450,000 per family.

Over a year after the Food and Drug Administration imposed court-mandated oversight on Abbott, Willow produced and sold formula that was manufactured at the Sturgis plant and made available at a Walmart.

According to federal records, the remaining infants were fed formula from an Abbott plant situated in Arizona, which has previously faced accusations of unsafe working conditions.

According to Abbott, there is currently no established connection between their product and the infections that are the subject of the legal proceedings.

Abbott officials have stated in an email that they do not believe the claims of Cronobacter sakazakii contamination in their distributed products have any merit. They further asserted that no sealed product from their facilities has tested positive for the same.

Bacteria are present in various areas of home kitchens, including sinks, counters, and even scoops that are used to measure baby formula powder.

The bacteria can also be present in manufacturing plants, on machinery, and various other surfaces.

Federal officials have revealed that while open cans of Abbott formula in Willow’s home tested positive for cronobacter, which was confirmed to be the cause of her infection, the same bacterial strain was not detected in sealed cans of formula or at the Abbott factories, according to documents.

Barbara Kowalcyk, the director of the Center for Food Safety and Nutrition Security at George Washington University, pointed out that the absence of proof of contamination does not necessarily mean that the products were free from contamination.

According to Kowalcyk, receiving negative test results may not provide as much information as a positive test result would. In her words, “If you get a positive, you’ve got a big problem. If you get a negative, you don’t know what’s going on.” Therefore, it is important to consider the limitations of negative test results when assessing one’s health status.

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