EDWARDSVILLE - The mother of a premature infant who developed fatal injuries after developing NEC is suing the makers of baby formula for allegedly failing to warn of its dangers.
Kayla O'Malley, as representative of the estate of Legend Brooks, deceased, filed a lawsuit on Jan. 5 in the Madison County Circuit Court against 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, Brooks was born prematurely and fed Similac infant formula. After consuming the unpasteurized cow's milk formula, Brooks developed necrotizing enterocolitis (NEC) and passed away from complications on Nov. 26.
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.
O'Malley alleges Abbott did not offer warnings on their products or through marketing that products were unsafe or could be harmful to premature infants. O'Malley also claims the defendant did not offer statistical data of the connection between NEC development and unpasteurized cow's milk, making it negligent.
O'Malley claims she was caused to suffer emotional distress, loss of income, loss of consortium and medical expenses.
The plaintiff 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 court costs. O'Malley is represented by Thomas R. Kayes of Chicago.
Madison County Circuit Court case number 22-LA-000005