EDWARDSVILLE - A Utah mother is suing the makers of Similac and Enfamil infant formula after her premature baby died from NEC.
Sheena Mallory, as representative to the estate of Tate Lee Spencer, deceased, filed a lawsuit on Nov. 23 in the Madison County Circuit Court against Mead Johnson and Company, Inc., Mead Johnson Nutrition Company and Abbott Laboratories.
The lawsuit alleges strict liability for design defect, strict liability for failure to warn, negligence, intentional misrepresentation, negligent misrepresentation, loss of consortium, survival action and wrongful death actions.
According to the complaint, Mallory's child, Tate Lee Spencer, developed necrotizing enterocolitis (NEC) after ingesting cow's milk-based infant feeding products manufactured and produced by the defendants. Spencer, who was born Nov. 21, 2019, in Utah, was premature and fed Similac and/or Enfamil products that resulted in him having to undergo surgery that he did not survive.
NEC develops when harmful bacteria breaches the walls of the intestine, causing portions of the intestine to become inflamed and usually die. Once NEC develops, the condition can progress quickly into fatal sepsis. NEC can be developed from premature infants feeding on unpasteurized cow's milk.
Mallory alleges that none of the defendants offered warnings on their products, or through marketing, that products were unsafe or could be harmful to premature infants, nor did they offer statistical data of the connection between NEC development and unpasteurized cow's milk, making them negligent.
Mallory was caused to suffer significant emotional distress, loss of income, loss of consortium and medical expenses, the suit states.
Mallory seeks compensatory damages, damages for past, present and future emotional distress, loss of enjoyment of life, pain and suffering, mental anguish and other non-economic losses, past, present and future out-of-pocket expenses, loss of income and/or lost revenue, lost profits, lost business opportunity, lost earning capacity, cost related to medical or mental health treatment, interest, attorney's fees and cost of suit. Mallory is represented by Eric Holland of Holland Law Firm, LLC in St. Louis.
Madison County Circuit Court case number 21-L-001417