Marie Smith is being reinspired by past grief as a plaintiff in a lawsuit against infant formula producers, Mead Johnson and Abbott Laboratories, manufacturers of Enfamil and Similac brands. The lawsuit, among many others, alleges that these companies did not adequately inform parents about the heightened risk of necrotizing enterocolitis (NEC) in premature infants fed on cow’s milk-based formula, a more challenging substance for newborns to digest than human milk.

Earlier this year, an Illinois jury ordered Mead Johnson to pay $60 million to a mother whose premature baby contracted NEC after consuming Enfamil formula. This ruling is expected to set a precedent for pending cases. The plaintiff’s attorney, Steve Reck, presented evidence dating back to 1990 that observed increased NEC risks among premature infants who were fed formula instead of human milk.

The American Academy of Pediatrics has recommended since 2012 that all preterm infants should receive human milk, and it should either be mother’s own milk or pasteurized donor milk . However, this information is not reflected on the formula manufacturers’ product packaging.

Those involved in the lawsuit allege deceptive advertising practices were used on labeling, and while both companies are contesting the claims, Mead Johnson has announced an appeal decision.

Marie’s daughter, Amirea, was premature and despite her initial healthy state, the decision was made to supplement her diet with cow’s milk-based formula since there wasn’t enough of Marie’s breast milk. Soon after, Amirea developed NEC and unfortunately did not survive a necessary intestinal surgery. Marie was only informed of the heightened NEC risks associated with cow’s milk-based formula posthumously.

Neonatologists cannot definitively state cow’s milk-based formulas cause NEC, attributing the illness to a variety of factors. However, they agree that breastfeeding and human milk donations can significantly reduce this risk. Demand for human milk donations has been increasing, especially for fragile babies in the NICU.

Even though this milk is more costly than formula, Minnesota’s Department of Human Services revised Medicaid program guidelines in December 2023, covering donor human milk for infants with medical requirements.

Marie is partaking in the lawsuit not just for her own personal closure, but to increase awareness around the issue. She hopes her story can prevent other families from experiencing the grief she went through.

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