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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Mother sues baby formula manufacturers after premature infant dies from NEC

Lawsuits

EDWARDSVILLE - A mother claims her premature infant suffered fatal injuries after developing NEC from infant formula. 

Deanah Larry, individually and as special administrator on behalf of the estate of Alaysia Norman, filed a lawsuit 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, Larry's child, Alaysia, developed necrotizing enterocolitis (NEC) after being fed cow's milk-based infant feeding products manufactured and produced by the defendants. Alaysia was born premature on Aug. 14, 2019, and fed Similac and/or Enfamil products that resulted in her  having to undergo surgery that she 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 feeding premature infants unpasteurized cow's milk. 

Larry alleges that none of the defendants offered warnings on their products or through marketing that the infant formula was 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. 

Larry claims she was caused to suffer significant emotional distress, loss of income, loss of consortium and medical expenses.

Larry 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. Larry is represented by Tyler J. Schneider of TorHoerman Law LLC in Edwardsville. 

Madison County Circuit Court case number 21-L-001418

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