EDWARDSVILLE — The parents of a boy born prematurely are suing Mead Johnson and Abbott for allegedly failing to warn that their infant formula products could cause a serious gastrointestinal disorder and other health issues in premature infants.
Destin Jupiter and Dana Jupiter filed a complaint May 7 in the Madison County Circuit Court against Mead Johnson & Company LLC, Mead Johnson Nutrition Company and Abbott Laboratories, alleging strict liability for design defect and for failure to warn, negligence and intentional and negligent misrepresentation.
The Jupiters allege in their complaint that their son was born prematurely on May 9, 2002, at Woman's Hospital in Baton Rouge, La. They claim he has developed necrotizing enterocolitis (NEC) and other long-term health effects because he was given Simlac and/or Enfamil cow's milk-based products after birth and during his hospital stay.
The plaintiffs claim that as a result of developing NEC, their son had to have a portion of his intestines removed. They allege the defendants are negligent for "targeting" parents of preterm infants with the false marketing of their infant formula products. The Jupiters allege the defendants were aware of the dangers of their cow's milk-based infant formula being given to babies born premature and failed to warn of the danger of developing NEC and other health issues.
The Jupiters seek monetary relief, trial by jury and all other proper relief. They are represented by Eric Holland, Robert Evola and Ann Callis of The Holland Law Firm LLC in Granite City and Travis Lenkner and Ashley Keller of Keller Lenkner LLC in Chicago.
Madison County Circuit Court case number 21-L-000560