According to the Sioux City Journal, a Sioux City bank has filed a lawsuit on behalf of a 3 year old girl against a maker of a powdered infant formula. According to court records, Security National Bank alleges that Jeanine Kunkel contracted neonatal Enterobacter sakazakii meningitis from the Similar formula made by Abbott Laboratories. The lawsuit alleges that Jeanine suffered permanent brain damage from drinking contaminated infant formula.

The bank is acting as the child’s conservator. Her parents say that she changed drastically soon after drinking Similac powdered formula, which came in a complimentary bag provided by the St. Luke’s Regional Medical Center at the time of her discharge. Within 24 hours the newborn appeared to be acting differently, reports her mother. She was crying and appeared to be very uncomfortable.

Jeanine was diagnosed with the strain of meningitis at Children’s Hospital and Medical Center in Omaha, she was about 12 days old. The FDA recalled Portagen powdered infant formula in 2002 due to reports of Enterobacter sakazakii in infants were matched to the product. The U.S. Food and Drug Administration has documented a link between the disease and Enterobacter sakazakii.

According to Jeanine’s father, FDA lab tests found no E sakazakii bacterium in the family’s kitchen and further tests conducted found on evidence of it on the can of powdered Similac. The hospital’s spokesperson said that the hospital includes formula in gift bags for new parents, the products come from the manufacturers in sealed containers and within their expiration dates.