Hunte-MOD-MTR.pdf

By Connecticut Injury Firm
December 2025

A recent $31.9 million Connecticut Superior Court judgment has sent a clear message to hospitals and neonatal intensive care units (NICUs) across the country: parents must be fully informed and involved in critical feeding decisions for premature infants—especially when those decisions carry known risks of catastrophic injury or death.

In a detailed Memorandum of Decision, the court found that Yale New Haven Hospital and Yale University violated fundamental principles of informed consent by feeding a premature infant bovine-based fortifier and formula without parental consent, ultimately causing necrotizing enterocolitis (NEC) and the infant's death.

This decision is one of the most important infant-care rulings in recent years and establishes a clear, enforceable standard of care for NICUs nationwide.

The Case: Feeding Decisions Made Without Parental Consent

The case arose from the death of Aries-Reign Peterson, an extremely premature infant born at just 27 weeks gestationand weighing 620 grams. From the outset, Aries' parents made their wishes unmistakably clear:
they wanted their child fed exclusively with human breast milk.

Despite those wishes—and despite medical literature recognizing that bovine-based products significantly increase the risk of NEC in premature infants—the hospital implemented its internal feeding “protocol” without informing the parents that cow-milk-based products were being used.

The court found that:

• No consent was obtained for bovine-based fortifier or formula

• No informed consent was obtained regarding the risks, including NEC and death

• Parents were never told that “human milk fortifier” was actually derived from cow's milk

• Human-based alternatives, including Prolacta, were commercially available at the time

Within hours of receiving bovine-based formula, Aries developed NEC totalis, a devastating intestinal condition with an extremely high mortality rate. He later died from complications of NEC.

What Is Necrotizing Enterocolitis (NEC)?

NEC is a severe gastrointestinal disease that primarily affects premature and low-birth-weight infants. It causes inflammation and necrosis of the intestines and can progress rapidly—sometimes within hours.

Medical research has long shown that:

• Human milk diets reduce the incidence of NEC

• Bovine-based fortifiers and formula increase NEC risk

• Human-based fortifiers were available years before this child's birth

The court credited expert testimony confirming that the use of bovine-based products more likely than not caused the NEC and the infant's death.

A National Legal Standard for NICUs

Perhaps most importantly, the court held that NICUs have a legal duty to obtain informed consent before feeding premature infants bovine-based products when human-based alternatives exist.

That duty includes disclosure of:

1. The nature of the feeding product

2. The known and material risks (including NEC and death)

3. Available alternatives (such as human-based fortifiers)

4. The anticipated benefits and risks of each option

The court rejected the hospital's defense that feeding decisions were merely “protocol-based,” ruling that protocol does not override parental rights or informed consent.

Legally, the court found the conduct constituted battery under Connecticut law—an intentional, offensive contact without consent.

The Verdict: $31.9 Million for Preventable Loss

The court awarded $31,962,884.42, including:

• Medical and funeral expenses

• Loss of earning capacity

• $30 million in non-economic damages for pain, suffering, loss of life's enjoyment, and death itself

The ruling sends a powerful signal that institutional failures involving informed consent—especially in NICUs—carry serious consequences.

Trial Leadership and the Origins of the Infant Formula Litigation

This case was tried by attorneys from Levin, Rojas, Camassar & Reck, a firm that helped launch the national infant formula and NEC litigation more than five years ago, long before the issue gained widespread attention.

Austin Johns, now Of Counsel to Connecticut Injury Firm, served as co-trial counsel alongside founding partner Steve Reck. Mr. Johns played a critical role in advancing the informed-consent framework that ultimately persuaded the court.

His affiliation with Connecticut Injury Firm strengthens the firm's capacity to litigate complex medical negligence, wrongful death, and institutional accountability cases at the highest level.

Why This Matters for Families Nationwide

This verdict is not just about one family—it is about protecting parental autonomy, forcing transparency, and preventing future harm.

Hospitals can no longer rely on internal policy to justify withholding critical information from parents. When feeding decisions carry life-and-death consequences, parents have the right to know, the right to choose, and the right to be heard.

Connecticut Injury Firm: Advocating for Accountability and Change

Connecticut Injury Firm represents families harmed by medical negligence, NICU errors, nursing home abuse, and catastrophic institutional failures. We handle select cases where accountability matters—not just compensation.

If your child suffered NEC, serious injury, or death following undisclosed feeding decisions or hospital protocols, you may have legal rights.