In a significant legal move, a lawsuit has been filed against two major infant formula manufacturers over allegations that their cow's milk-based products caused severe health issues in a premature infant. On February 12, 2025, Charlotte Dewey, acting individually and as the parent of Jaxson Chisholm, lodged the complaint in the United States District Court for the Northern District of Illinois against Abbott Laboratories and Mead Johnson & Company.
The case revolves around claims that these companies' cow's milk-based formulas led to Necrotizing Enterocolitis (NEC), a life-threatening intestinal disease, in Baby Jaxson. Born prematurely on January 28, 2022, at Bronson Methodist Hospital in Kalamazoo, Michigan, Baby Jaxson was fed these formulas and subsequently developed NEC. The plaintiff argues that these products are misrepresented as safe alternatives to breast milk despite substantial evidence indicating they significantly increase NEC risks in preterm infants. The complaint highlights numerous studies dating back to 1990 showing higher NEC rates among formula-fed infants compared to those who receive breast milk.
Charlotte Dewey accuses Abbott Laboratories and Mead Johnson of negligence and strict liability for design defects and failure to warn about the dangers associated with their products. She contends that both companies failed to provide adequate warnings or instructions regarding the risk of NEC linked to their formulas. The lawsuit cites several scientific studies underscoring the heightened risks posed by cow's milk-based products and suggests that alternative human milk-based fortifiers could prevent such outcomes.
The plaintiff seeks damages exceeding $75,000 for medical expenses incurred due to Baby Jaxson’s condition and other related claims. Additionally, punitive damages are sought on grounds that both defendants knowingly marketed unsafe products without disclosing potential side effects while prioritizing profits over safety.
Representing Charlotte Dewey is her legal counsel from various law firms. The case is being overseen by judges from the Northern District of Illinois under Case ID: 1:25-cv-01492.