EDWARDSVILLE — A suit alleges a premature infant suffered long-term health effects as a result of being fed cow's milk-based formula after birth.
Angela Ogle and Desiree Ogle filed a complaint May 14 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 failure to warn, negligence and negligent misrepresentation.
The plaintiffs allege Desiree Ogle was born prematurely on Feb. 23, 2002, at St. Luke's Hospital in Chesterfield, Mo. She was born at 29 weeks gestation, weighing thee pounds. The suit alleges that even though her mother intended to breastfeed her, Desiree Ogle was fed Similac and/or Enfamil cow's milk-based formula throughout her hospital stay. As a result, she allegedly developed necrotizing enterocolitis (NEC) and required a portion of her intestines to be removed.
The plaintiffs claim the defendants are negligent for failing to make changes to their products even after "scientific evidence" showed cow's milk-based formula is a "dire threat" to the health of premature infants and falsely marketed the products to parents of premature infants. The plaintiffs also claim that despite knowing the risk of premature infants developing NEC from their formula, the defendants failed to warn of the risks.
The plaintiffs 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 St. Louis and Travis Lenkner and Ashley Keller of Keller Lenkner LLC in Chicago.
Madison County Circuit Court case number 21-L-000588