EDWARDSVILLE - A mother claims her premature infant died after being fed Similc or Enfamil baby formula and developing necrotizing enterocolitis.
Gabrielle Armstrong, individually and as special administrator on behalf of the estate of Leah Armstrong, deceased, filed a lawsuit on Dec. 10 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, breach of express warranty, breach of implied warranties, loss of consortium, survival action and wrongful death actions.
According to the complaint, Armstrong's child, Leah, developed necrotizing enterocolitis (NEC) after ingesting cow's milk-based infant feeding products manufactured and produced by the defendants. Leah was born premature on Nov. 8, 2019, and fed Similac and/or Enfamil products, resulting in her death on Dec. 13, 2019.
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.
Armstrong alleges 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.
Armstrong claims she suffered significant emotional distress, loss of income, lost profits, lost earning capacity, loss of consortium and medical expenses.
Armstrong seeks compensatory damages, damages for non-economic losses, past, present and future out-of-pocket expenses, loss of income and/or lost revenue, lost profits, lost business opportunities, lost earning capacity, costs related to medical or mental health treatment, interest, attorney's fees and court costs. Armstrong is represented by Panagoitis V. Albanis of Morgan & Morgan in Naples, Fla.
Madison County Circuit Court case number 21-L-001484