Detroit-area mom to sue Similac formula maker after her baby suffered side effects prior to recall

FOX 2 - Powdered Similac baby formula made in Michigan is now blamed for the deaths of two infants - and making many other children sick.  

Although the formula is being recalled, one Detroit-area mother says that's not enough. She's now planning to file a lawsuit.

"I wanted to breastfeed my baby, I know that is best," said Wendy Jackson. "I could not produce enough. But they told me, 'Here, it's ready to use. Just put a bottle on, you're ready to go.'"

And Wendy Jackson says she followed the hospital’s orders and fed her newborn son Daxton powdered Similac formula which she says has since been recalled.

"When we fed him the Similac, he had bad constipation," she said. "He had thick, scaly scalp issues, he had exhibited thick scales on the side of his body. And as soon as we changed, it stopped, it cleared up. Within a couple days, everything cleared up."

Jackson, along with attorney Dionne Webster-Cox, is now planning legal action.

"I am absolutely planning a lawsuit, for the mothers I have, on behalf of their children who were affected by the ingestion of this formula, that was made from Abbott Labs." Webster-Cox said. "And then also, we are going to reach out to the hospital that pretty much pushed this formula on the mothers."

Abbott Nutrition has recalled certain powders - Similac, Alimentum and Elecare infant formula products made at its plant in Sturgis, which is in southwest Michigan.

The FDA says it is investigating complaints of bacterial infections in four infants that consumed the formula. All of them were hospitalized, and the infection may have played a role in the deaths of two infants.

Related: FDA: Abbott baby formula recall expanded to Similac PM after another report of illness

In a video statement on the Similac website, Dr. Karyn Wulf of Abbott Nutrition says, "We regret the situation and the impact it will have on parents, caregivers, patients, and healthcare professionals. We are doing everything possible to resolve the situation with a sense of urgency - because we know nothing is more important than our families."

Abbott is offering to refund or replace any products included in the recall.  Webster-Cox says that’s not enough for parents like Wendy.

"Keep your refund and (say) we don't want your product anymore," she said. "Because somebody at that lab, on the assembly line, wherever, the manufacturing facility, someone dropped the ball."

Webster-Cox wants parents to contact her if their babies suffered or had to seek medical attention because they consumed contaminated formula.

For more information about legal action, families can contact Dionne Webster-Cox at (734) 215-2444

You can check if your powdered formula is included in the recall by checking its lot number on the bottom of the packaging HERE at similacrecall.com or call 1-800-986-8540.

Abbott statement:

"We regret this situation and the impact it is having on parents, caregivers, patients and healthcare professionals. We value the trust parents place in us for high quality and safe nutrition, and ensuring the safety and quality of our products is our top priority.

"The cases are under investigation and at this time the cause of the infants’ infections have not been determined. All infant formula products are tested for Cronobacter sakazakii, Salmonella and other pathogens and they must test negative before any product is released. The company keeps retained samples of each batch. We tested retained product samples related to the complaints for Cronobacter sakazakii and Salmonella, and they tested negative."