Medical Malpractice / Informed Consent | NICU Feeding of Premature Infant

In this wrongful-death medical malpractice case, the parents of a 27-week premature infant alleged that Yale New Haven Hospital fed their baby bovine-based fortifier and formula in the NICU despite the mother’s expressed desire that he receive only human milk, and without explaining the elevated risk of necrotizing enterocolitis (NEC). The infant developed NEC and ultimately died from respiratory and multiorgan failure. After a bench trial, the court found that human-milk-based alternatives were available, that the mother was producing sufficient breast milk, and that the hospital never adequately disclosed the risk profile of cow-based products or obtained informed consent for their use. The judge concluded that this lack of disclosure and consent was a proximate cause of the child’s NEC and death, and awarded nearly $32 million in economic and noneconomic damages. For claim handlers, the decision underscores how failures in consent discussions and documentation—in addition to questions about standard of care—can drive catastrophic verdicts in high-risk settings like NICUs, and it highlights the importance of ensuring that providers clearly document discussions of alternatives and material risks when using specialized products. “[T]he defendants had a duty to discuss with the parents the content of the bovine-based products, and obtain informed consent, but failed to meet that duty.” The court also emphasized that the hospital’s decisions were “the proximate cause” of the child’s NEC and resulting death. Hunte v. Yale New Haven Hosp., Inc., No. NNH-CV-21-6110213-S (Conn. Super. Ct. Dec. 12, 2025).