EDWARDSVILLE - Multiple parents claim their premature infants developed necrotizing enterocolitis after being fed Similac or Enfamil infant formula.
Mamie McKenzie, as representative of Austin McKenzie; Martell Arline and Ashley Rainey, as representative of Khair Arlin; and Keisha Wnda Rhones, as representative of Kyree Rhodes, filed a lawsuit on Dec. 23 in the Madison County Circuit Court against Mead Johnson and Company, LLC., Mead Johnson Nutrition Company and Abbott Laboratories.
The lawsuit alleges strict liability for design defect, strict liability for failure to warn, negligence, negligent misrepresentation, negligent misrepresentation, loss of consortium, survival action, wrongful death actions, violation of the Louisiana Products Liability Act and violation of the Texas Deceptive Trade Practices Act.
According to the complaint, the children born to the plaintiffs were all born prematurely and fed Similac or Enfamil infant formula. After consuming the unpasteurized cow's milk formula, the children developed necrotizing enterocolitis (NEC). Two of the children named in the suit have died, while the third child has been caused to suffer long-term heath effects that will last the child's individual lifetime, the suit states.
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 is six to 10 times more common to develop in premature infants fed unpasteurized cow's milk than in breast milk-fed babies.
The plaintiffs 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. The plaintiffs also claim they did not offer statistical data of the connection between NEC development and unpasteurized cow's milk, making them negligent.
The plaintiffs individually and collectively claim they were caused to suffer emotional distress, loss of income, loss of consortium and medical expenses.
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 cost of suit. The plaintiffs are represented by Eric Holland of Holland Law Firm, LLC in St. Louis.
Madison County Circuit Court case number 21-L-001555