EDWARDSVILLE - Several parents claim their infants developed NEC after they were fed baby formula, resulting in the death of one of the children.
Misha Jackson and Jamiraca Hughes; Alycia Stokes, as representative of the estate of Jeffrey Stokes Jr.; Kera Martinez and Shyne Wilson filed a lawsuit on Feb. 4 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, loss of consortium and wrongful death.
According to the complaint, the plaintiff's children were born prematurely and fed Similac or Enfamil infant formula while in the hospital. After consuming the unpasteurized cow's milk formula, the infants developed necrotizing enterocolitis (NEC). They underwent several surgeries. One child died due to injuries and the others will suffer long-term health effects, 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 who are fed unpasteurized cow's milk than in breast milk-fed babies. Up to 30 percent of NEC-diagnosed infants die from the disease.
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 the defendants did not offer statistical data of the connection between NEC development and unpasteurized cow's milk, making them negligent.
The plaintiffs claim they were caused to suffer emotional distress, loss of enjoyment of life, pain and suffering, mental anguish, loss of income, loss of consortium, 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 Eric D. Holland of Holland Law Firm LLC in St. Louis.
Madison County Circuit Court case number 22-LA-000149