Mom Files Similac Lawsuit Over Infant Death In Morristown

MORRISTOWN, NJ — A New Jersey mother has filed a Similac lawsuit, alleging that the cow's milk-based infant formula caused the death of her premature daughter, who died while still in the NICU at Morristown Medical Center from necrotizing enterocolitis (NEC) complications.

Nicole Cresap, the mother, filed the complaint in the United States District Court for the Northern District of Illinois on April 15, alleging that Abbott Laboratories failed to warn families and the medical community about the potential side effects of Similac in premature infants.

Cresap seeks compensatory and punitive damages in the case.

According to the complaint, Cresap gave birth on December 30, 2021. The baby was born prematurely at 24 weeks and 6 days gestation, weighing only 712 grams, and was placed in the neonatal intensive care unit at Morristown Medical Center in Morristown.

NICU staff fed the baby's breastmilk—either the plaintiff's expressed milk or donor milk—with the "additive" Similac Human Milk Fortifier from the time the baby was fed enteral nutrition until February 21, 2022, according to the lawsuit.

Human milk additives such as Similac Human Milk Fortifier and Abbott Nutrition Liquid Protein Fortifier were used in some of these enteral feedings. The lawsuit claims that by the end of February, NICU staff had switched the baby to Similac Special Care 24 High Protein and Similac Special Care 30 High Protein formula.

On Mach 14, the infant was diagnosed with NEC, an intestinal disease in which the bowel wall is invaded by bacteria, resulting in bowel destruction and often requiring emergency surgery. Doctors operated on her and removed some of her intestines. Nonetheless, the baby died as a result of multi-system organ failure and cardiac arrest.

The lawsuit claims that the death could have been avoided if breast milk, donor milk, or other non-milk-derived cow formulas had been used.

"Based on Defendant’s marketing of its formulas and fortifiers, including Defendant’s marketing of the products as specifically intended to address premature infants’ needs, Baby Kennedy’s parents believed the products were not only safe for Baby Kennedy to consume but necessary for her growth and nutrition as a premature infant," the lawsuit states.

According to the lawsuit, medical and scientific research has established that feeding premature infants cow's-milk-based formulas can cause NEC. "Despite having knowledge of these medical and scientific studies and advances, Defendant did nothing to change the design or formulation of its cow’s milk-based formulas and fortifiers. Likewise, Defendant did nothing to change its cow’s-milk-based products’ packaging, guidelines, instructions, and/or warnings," the lawsuit states.

Cresap's lawsuit joins a slew of others filed across the country in the pursuit of an NEC lawsuit against Abbott Laboratories and Mead Johnson Nutrition Company, alleging that the companies withheld warnings from parents for decades.

"The two types of baby formula most associated with NEC lawsuits are Similac and Enfamil. Despite years of research linking the use of cow milk-based formula to NEC for premature infants, these popular baby formula brands were promoted as safe," said lawyers at Saiontz & Kirk, P.A.

What Enfamil Formula has been linked to NEC?

• Enfamil NeoPro EnfaCare Infant Formula
• Enfamil Premature Infant Formula 24 Cal High Protein
• Enfamil Premature Infant Formula 30 Cal with Iron
• Enfamil Premature Infant Formula 24 Cal with Iron
• Enfamil Premature Infant Formula 20 Cal with Iron
• Enfamil 24 Cal Infant Formula
• Enfamil Human Milk Fortifier (acidified liquid and powder)

What Similac Formula has been linked to NEC?

• Similac NeoSure
• Similac Special Care 20
• Similac Special Care 24
• Similac Special Care 24 High Protein
• Similac Special Care 30
• Similac Alimentum Expert Care
• Similac Human Milk Fortifier (which is actually a cow’s milk product)
• Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
• Similac Liquid Protein Fortifier

The Northern District of Illinois recently consolidated all federally filed NEC Infant Formula lawsuits under U.S. District Judge Rebecaa R. Pallmeyer for coordinated pretrial proceedings.

“All actions can be expected to share factual questions arising from allegations that cow’s milk-based infant formula products marketed under the Similac and Enfamil brand names have a higher propensity to cause necrotizing enterocolitis (NEC) in infants born prematurely than other, allegedly safer alternatives,” the U.S. Judicial Panel on Multidistrict Litigation said.

The JPML also stated that 16 actions are currently pending in seven different federal districts, and another 20 potentially related cases have been filed in eight different districts.

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