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MADISON - ST. CLAIR RECORD

Friday, November 22, 2024

Mothers allege their premature infants died shortly after being fed cow's milk-based formula

Lawsuits
Elizabethkavney

Kaveny

EDWARDSVILLE — The parents of three premature infants allege their children were injured or died from Necrotizing Enterocolitis (NEC) shortly after being fed Similac and Enfamil formula.

Brittany Walker, individually and as special administrator of the Estate of Mauri Rainey, deceased, Tiffany Louper, individually and as mother and next of friend of Gianna Louper, deceased, and Kayce Davis, a minor by his mother Tiffani Nealey, and Tiffani Nealey individually filed a complaint Sept. 2 in the Madison County Circuit Court against Abbott Laboratories, Mead Johnson & Company LLC and Mead Johnson Nutrition Company, alleging strict liability, design defect, negligence and other claims. 

According to the plaintiffs' complaint, their "injured infants" were all fed the defendants' cow's milk-based formula products as premature infants. The plaintiffs claim "baby Mauri" was born on July 21, 2013, and was fed Similac Special Care 30 beginning on Sept. 1, 2013. Mauri later developed NEC and died on Sept. 6, 2013. In addition, "Baby Gianna" was born May 18, 2020, and was fed Similac Special Care 20. Gianna developed NEC, underwent intestinal surgery and died on May 24, 2020. The plaintiffs further allege that "Baby Kayce" was born on Sept. 3, 2011, and was fed Enfamil Premature 24 HP. A few days later, Kayce developed NEC, suffered from gastrointestinal failure, "dumping syndrome", sepsis and continues to suffer from health issues. 

The plaintiffs allege the defendant misled parents and healthcare providers through false and negligent marketing, inadequate warnings and knew or reasonably knew of the risk of NEC for premature infants who were fed their products. 

The plaintiffs seek monetary relief, trial by jury and all other just relief. They are represented by Elizabeth Kaveny, Jeffrey Kroll and Ava Gehringer of Kaveny + Kroll LLC in Chicago and Stephen Reck, Jose Rojas, Scott Camassar and Paul Levin of Levin, Rojas, Camassar & Reck LLC in North Stonington, Connecticut. 

Madison County Circuit Court case number 21-L-001067

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