EDWARDSVILLE - Several parents are suing the makers of Similac and Enfamil infant formula after their premature infants suffered injuries, some of them fatal, from NEC.
Shaiwntevia Wells, as representative of the estate of Zy'Anna Delancy; Emma Urbina, on behalf of minor child Kato Kruger; Tarsheka Barton, as representative of the estate of Dylan Barton; Nia Sanders, as representative of Kayla Sanders; Juanita Ramirez, on behalf of minor child Gabriel Barajas; Karen and Matthew Young, as representative of the estate of Amelia Young; and Jana Momah, on behalf of minor child Riley Tyler, filed a lawsuit on Dec. 13 in the Madison County Circuit Court against Mead Johnson and Company, Inc., Mead Johnson Nutrition Company and Abbott Laboratories. The plaintiffs are from multiple different states.
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, all children represented in the lawsuit developed necrotizing enterocolitis (NEC) after ingesting cow's milk-based infant feeding products manufactured and produced by the defendants, including Similac and Enfamil. The lawsuit states that the children either died as a result of developing NEC, did not survive surgery or suffered long-term health defects.
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.
The parents gathered for the lawsuit allege 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.
The plaintiffs collectively were caused to suffer significant emotional distress, loss of income, loss of consortium and medical expenses, the suit states.
The plaintiffs seek 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 costs of suit. They are represented by Eric Holland of Holland Law Firm, LLC in St. Louis, Ann E. Callis of Granite City and Keller Lenkner, LLC of Chicago.
Madison County Circuit Court case number 21-L- 001504