Mother sues Abbott over tainted baby formula

A Chicago-area mother, whose son allegedly became sick after having beetle-tainted Similac, filed a lawsuit Monday against its maker, Libertyville Township-based Abbott Laboratories.

Maria C. Kiely filed the suit in U.S. District Court in Chicago after her then 4-month-old son had ingested Similac, a powder infant formula, and had needed medical attention. The boy suffered “extreme gastreointestinal distress, said her lawyer Rafey S. Balabanian of Edelson McGuire LLC, a Chicago law firm. The mother claimed the formula used by her son was infested.

The boy did not need hospitalization and is doing fine, Balabanian said.

“Abbott acted quickly in the best interest of children and this suit is without merit, said Abbott spokeswoman Jennifer Smoter.

The suit alleged that Abbott knew that its baby formula was tainted for at least six days prior to announcing it to the public.

Abbott said Sept. 22 that it voluntarily recalled about 5 million units of the powdered Similac after beetles were found in the products and in the Sturgis, Mich., plant where they were made. Abbott said at that time that two consumers had complained, but an internal investigation sparked the recall before the complaints.

Balabanian said they are seeking class action status for the case, due to the extensive amount of product that likely was given to babies.