In February 2022, the FDA warned parents nationwide to stop using specific lots of Similac, Alimentum, and EleCare powdered infant formula manufactured at Abbott Laboratories’ plant in Sturgis, Michigan, after an investigation linked the products to four infant hospitalizations and two deaths. Over four years later, most of the roughly 141 lawsuits filed over that recall have already been resolved, but for some Illinois families, the window to file may still be open.
What Happened at the Sturgis Plant
FDA investigators found that infants who became ill had been fed formula from the Sturgis facility, and testing identified Cronobacter sakazakii bacteria in three of the affected infants and Salmonella Newport in a fourth. FDA inspectors later found evidence of Cronobacter contamination in the plant’s own environmental samples, along with records showing the company had destroyed product due to Cronobacter findings before the public recall was issued. Cronobacter sakazakii is rare, but it is also one of the most dangerous bacteria a newborn can encounter, infections in infants can be fatal, and survivors can suffer lasting complications including brain damage.
Where the Litigation Stands Now
Lawsuits filed by affected families were consolidated into In re: Recalled Abbott Infant Formula Products Liability Litigation (MDL No. 3037), before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois. As of September 2026, only about 14 cases remain actively pending out of the roughly 141 total lawsuits filed since 2022, meaning the large majority of claims connected to this specific recall have already settled or otherwise resolved.
This is a meaningfully different picture than some of the other, larger mass torts moving through the same Chicago federal courthouse right now: rather than a fast-growing docket still accepting large numbers of new plaintiffs, this litigation is in its later stages.
Why Some Illinois Families May Still Have Time
Even though this litigation has largely wound down, that does not automatically mean every affected family has missed their chance. Under Illinois law, the clock on a minor’s personal injury claim generally does not run the same way it does for an adult, claims on behalf of a child are generally not barred simply because more than two years have passed since the injury occurred, since minors are given additional time tied to reaching adulthood. That means a claim on behalf of a baby who was sickened by contaminated formula in 2022 may, depending on the specific facts, still be within a valid filing window today, even years after the recall itself made headlines.
If your child was hospitalized, diagnosed with a Cronobacter or Salmonella infection, or suffered lasting complications after being fed a recalled Abbott formula and you never spoke with an attorney about it, it is worth having your situation reviewed rather than assuming too much time has passed.
Frequently Asked Questions
Is this the same case as the NEC baby formula lawsuits?
No, and this is an important distinction. This litigation (MDL 3037) involves infants sickened by bacterial contamination in specific recalled lots of formula from the Sturgis, Michigan plant. The separate NEC formula litigation (MDL 3026) involves broader allegations that cow’s-milk-based formula generally increases the risk of necrotizing enterocolitis in premature infants, regardless of any recall. They are different cases with different facts.
My child was hospitalized in 2022 but I never filed anything. Is it too late?
Not necessarily. Because Illinois law generally extends filing deadlines for claims involving minors, it’s worth having an attorney review your child’s specific diagnosis date and medical records before assuming the window has closed.
Do I need proof I bought the exact recalled lot number?
It helps, but many families no longer have the original packaging years later. Medical records documenting the infection, combined with purchase records, receipts, or even hospital intake notes referencing the recalled product, can often help establish a claim.
Talk to an Illinois Product Liability Attorney
If your infant was hospitalized or diagnosed with a bacterial infection after being fed recalled Similac, Alimentum, or EleCare formula, the product liability attorneys at Phillips Law Offices can review your child’s medical records and explain, at no cost, whether you may still have time to file a claim. Call (312) 346-4262 or contact us online to get started.
