EDWARDSVILLE - Several parents claim their premature infants developed necrotizing enterocolitis after being fed Similac or Enfamil infant formula.
Megan Emerson, on behalf of her minor child, O.E.; Tara Jenkins, on behalf of her minor child, D.J.; Latoyrie Haynes, on behalf of her minor child, C.P.; and Autumn Henson, on behalf of her minor child, N.R. filed a lawsuit on Dec. 28 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, breach of express warranty, breach of implied warranty and loss of consortium.
According to the complaint, all four children were born to the plaintiffs as premature infants and were fed Similac or Enfamil infant formula. After consuming the unpasteurized cow's milk formula, each of the children developed necrotizing enterocolitis (NEC). All of the plaintiffs' children underwent surgery and were caused to suffer long-term heath effects that will last their individual lifetimes, 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 feeding on 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 enjoyment of life, pain and suffering, mental anguish, loss of income, loss of consortium, loss of business opportunity, lost earning capacity, lost profits, out-of-pocket costs 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 Tyler J. Schneider of TorHoerman Law in Edwardsville.
Madison County Circuit Court case number 21-L-001578