EDWARDSVILLE — Two mothers claim their premature babies died after being fed Abbott's Similac formula and suffering complications from Necrotizing Enterocolitis (NEC).
Juanita Jolly, individually and as special administrator of the Estate of Eugene Jolly, deceased, and Sarah Myers, individually and as special administrator of the Estate of Brandon Hafenbrack, deceased, filed a complaint Sept. 28 in the Madison County Circuit Court against Abbott Laboratories, alleging strict liability, negligence, intentional misrepresentation and other claims.
The plaintiffs allege Eugene Jolly and Hafenbrack were both pre-term infants who died after they were fed Abbott's cow's milk-based formula shortly after birth. The plaintiffs claim both infants developed Necrotizing Enterocolitis (NEC). Jolly died on Sept. 26, 2013, and Hafenbrack died on Sept. 28, 2013, as a result of NEC complications after being fed Abbott's Similac Special Care formula.
Among the claims in their suit, the plaintiffs allege Abbott had inadequate warnings regarding the risks of its formula for premature infants and engaged in false and misleading marketing of the product knowing the extreme risks of NEC for premature infants.
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, Conn.
Madison County Circuit Court case number 21-L-001169