EDWARDSVILLE — The mother of a premature infant son who died less than 48 hours after being fed Similac Alimentum cow's milk based formula claims Abbott failed to warn of the danger of its product for preterm babies.
Lisa Bagnall, individually and as administrator of the Estate of Hudson Bagnall, deceased, filed a complaint June 11 in the Madison County Circuit Court against Abbott Laboratories Inc., alleging strict liability, negligence, intentional misrepresentation, violation of the Consumer Fraud and Deceptive Business Practices Act and other claims.
Bagnall alleges in her complaint that her son Hudson was born prematurely, but healthy, on May 28, 2019. She claims he developed necrotizing enterocolitis (NEC) after being fed Abbott's cow's milk product Similac Alimentum, resulting in his death. Bagnall claims her son was healthy from May 28, 2019, through June 11, 2019, while he was given her breast milk and was expected to be released from the hospital. However, after receiving Similac on June 11 and June 12, Bagnall's son "quickly began to develop" stage III NEC. Bagnall claims her son underwent surgery on June 13, 2019, where it was discovered he had damage to his bowel and that Abbott failed to warn of the risks of giving their cow's milk based formula to premature infants despite being aware of the danger.
Bagnall seeks monetary relief, trial by jury and all other just relief. She is represented by Elizabeth Kavney, Jeffrey Kroll and Ava Gehringer of Karveny + Kroll LLC in Chicago and Stephen Reck, Jose Rojas, Scott Camassar and Paul Levin of Levin, Rojas, Camassar & Reck LLC in North Stonington, Conn.
Madison County Circuit Court case number 21-L-000680