EDWARDSVILLE - A mother claims the makers of infant formula failed to warn about the risks of premature infants developing NEC after consuming the cow's milk-based products.
Jo Shandria White, individually and as special administrator of the estate of Khelil White, deceased, filed a lawsuit on Nov. 22 in the Madison County Circuit Court against Abbott Laboratories, Mead Johnson and Company, LLC. and Mead Johnson Nutrition Company.
The lawsuit alleges strict liability for design defect, strict liability for failure to warn, negligence, negligence - loss of consortium, intentional misrepresentation, negligent misrepresentation and violation of the consumer fraud and deceptive business practices act.
According to the complaint, Jo Shandria White's child, Khelil White, developed necrotizing enterocolitis (NEC) after being fed the cow's milk-based infant feeding products of Enfamil and Similac manufactured and produced by the defendants. Khelil White was born prematurely on Nov. 19, 2019 in Texas and was fed Human Milk Fortifier, a cow's milk-based product, 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.
White 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. She claims their actions make them negligent.
White was caused to suffer grief, sorrow, mental suffering, loss of money, benefits, goods, services and society, loss of enjoyment of life and emotional distress, the suit states.
White 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. White is represented by Elizabeth Kaveny of Chicago.
Madison County Circuit Court case number 21-L-001412