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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Suit alleges premature infant developed NEC after being fed formula

Lawsuits
Erichollandnew

Holland

EDWARDSVILLE — The mother of a premature infant who developed a life threatening gastrointestinal disease after being fed infant formula is suing the manufacturers. 

Brandy Weaver, on her own behalf and on behalf of her minor child Thomas Moore, filed a complaint July 1 in the Madison County Circuit Court against Mead Johnson & Company LLC, Mead Johnson Nutrition Company and Abbott Laboratories, alleging strict liability for design defect, negligence, intentional misrepresentation and other claims. 

According to Weaver, her son Moore was born prematurely at Northeast Georgia Medical Center in Gainesville, Ga., on July 5, 2011. She alleges Moore was fed Similac or Enfamil cow's milk-based formula shortly after his birth and began to develop necrotizing enterocolitis (NEC). Weaver alleges the defendants were negligent in failing to provide adequate warnings and instructions. She also alleges the defendants marketed their cow's milk-based infant formulas as safe when they knew it carried substantial risks for premature infants, including a high risk for developing NEC. She also claims the defendants did not reformulate or develop a safe human milk-based product that would be safe for premature infants despite knowing the risk of serious injury and death from their cow's milk-based products.  

Weaver seeks monetary relief, trial by jury and al other proper relief. She is represented by Eric Holland and Robert Evola of The Holland Law Firm LLC in St. Louis, 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-000767

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