A recent lawsuit filed in the United States District Court for the Northern District of Illinois Eastern Division highlights a grave concern regarding infant nutrition products. On October 2, 2024, Katrina Bruckbauer lodged a complaint against Abbott Laboratories, alleging that their cow’s milk-based infant formula caused her premature infant to develop Necrotizing Enterocolitis (NEC), a severe and potentially fatal intestinal disease.
The case revolves around M.B., a premature baby born on April 20, 2021, at Poudre Valley Hospital in Colorado. The plaintiff claims that after being fed Abbott's Similac Cow’s Milk-Based Products, M.B. developed NEC and suffered significant injuries requiring multiple surgeries. Bruckbauer accuses Abbott Laboratories of negligence and wrongful conduct in the design, development, marketing, and sale of these products without adequate warnings about the risks associated with their use for preterm infants. She asserts that scientific research has long established a link between cow’s milk-based formulas and NEC in premature infants, yet Abbott continued to market these products as safe alternatives to human breast milk.
Bruckbauer's complaint is built on various studies and reports dating back to 1990, which indicate significantly higher rates of NEC among infants fed cow’s milk-based formulas compared to those fed human milk. Despite this evidence and the availability of safer human milk-based alternatives, Abbott allegedly misled consumers by promoting its products as superior or equivalent substitutes for breast milk. The lawsuit further alleges that Abbott failed to provide necessary warnings or instructions on how to mitigate the risk of NEC when using their products with preterm infants.
The plaintiff seeks compensatory damages exceeding $75,000 for past and future medical expenses, emotional distress, pain and suffering, loss of enjoyment of life, and other related costs. Additionally, she demands punitive damages against Abbott Laboratories for failing to warn consumers adequately about the dangers posed by their cow’s milk-based products.
Representing Katrina Bruckbauer are attorneys James R. Ronca and Paola Pearson from Anapol Weiss law firm based in Philadelphia. The case is presided over by judges from the Northern District of Illinois under Case ID: 1:24-cv-09282.