Plaintiffs Alicia Restad and Daniel Renteria-Hernandez filed a personal injury product liability action against Abbott Laboratories, Mead Johnson Nutrition Company, and Mead Johnson & Company, LLC in the U.S. District Court for the Eastern District of California.
According to the lawsuit, baby Daniel was born prematurely on April 29, 2019, in Merced, California. With a birth weight of two pounds and two ounces, his treatment required a stay in the neonatal intensive care unit (NICU). Daniel died 16 days later from NEC.
According to the lawsuit, “Science and research have advanced in recent years confirming the dangers of the defendant’s cow’s milk-based product in causing NEC and death in premature infants, yet the Defendant did nothing to change its product, packaging, guidelines, instructions, and warnings.”
Further, the suit states: “warnings and instructions are overly broad and vague, and do not ever mention that the product significantly increases the risk of NEC and death, nor provide any detailed instructions or evidence on when and how to feed the infants and how to avoid NEC and death when feeding its products.”
Hunte v. Abbott Labs
Plaintiff Anika Hunte filed a product liability case against Abbott Laboratories after the death of her infant son, Aries Peterson, in U.S. District Court in Connecticut.
According to the lawsuit, baby Aries was born prematurely and spent three months in the NICU at Yale New Haven Hospital, where caregivers used three of Abbott Lab’s cow-milk-based infant formula products. The plaintiff alleges the formula caused Aries to develop NEC.
Abbott Labs moved to have the suit dismissed in August 2021. Still, U.S. District Judge Stefan Underhill denied the company’s motion to dismiss and allowed legal proceedings in the infant formula lawsuits to continue.