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Thursday, December 7, 2023
Courthouse News Service
Thursday, December 7, 2023 | Back issues
Courthouse News Service Courthouse News Service

Bugs in Baby Formula Complaints Continue

MIAMI (CN) - Abbott's Similac baby formula with insect morsels gave a baby "persistent illness" and 2 years of stomach problems that necessitated numerous visits to medical specialists, the boy's parents say. "It was not until plaintiffs learned of the defendants' recall of Similac infant formula that they learned the truth that the Similac they had fed L.S. almost exclusively was infested with beetle larvae and insect parts," according to the complaint in Dade County Court.

Joseph and Dunia Sabga also sued Publix Super Markets and CVS Pharmacy on behalf of their minor son, L.S.

"Soon after his birth, L.S. began a steady diet of Similac infant formula as his primary and almost exclusive source of nourishment," the parents say. "Even as L.S.'s diet was supplemented by other foods, L.S. still regularly consumed Similac infant formula every night to go to sleep."

According to the complaint: "Since L.S. began consuming Similac infant formula, L.S. has suffered persistent illness, and he and his parents have had to endure two years of doctor visits, including multiple visits to gastrointestinal specialists, to treat L.S. for gastrointestinal problems, eating problems and other complications. Plaintiffs even provided L.S. Similac 'sensitive' formula, unaware that L.S.'s gastrointestinal sensitivity was being caused by consumption of defective and adulterated Similac formula itself."

The parents say they contacted Abbott to let it know that they thought they had bought a bad batch of Similac because the smell made them nauseous.

The complaint adds: "On September 22, 2010 - five months after plaintiff emailed Abbott about problems she had experienced with Similac infant formula - Abbott announced that consumers should immediately stop using Similac powder products because they were believed to contain pieces of beetles or beetle larvae. ...

"Though L.S. no longer consumes Similac, he continues to have difficulty eating and appears to have developed long term eating disorders due to the issues caused by feeding L.S. adulterated Similac during critical formative stages of his first two years of life," the parents say.

They seek equitable and injunctive relief, and are represented by Steve Marks, with Podhurst Orseck.

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