Parents Sue ByHeart over Infant Botulism Outbreak and Formula Recall

In a concerning development, families from Arizona to Kentucky are filing lawsuits against ByHeart, a baby formula manufacturer implicated in a recent infantile botulism outbreak. This outbreak has prompted a sweeping nationwide recall of their baby formula products.

Stephen and Yurany Dexter, parents from Flagstaff, Arizona, recount the harrowing experience of their daughter, Rose, who was airlifted to a children’s hospital and treated over several weeks. Similarly, Michael and Hanna Everett of Richmond, Kentucky, witnessed their daughter Piper being hospitalized with severe symptoms of the rare disease.

Both families have initiated legal action in federal courts, claiming the ByHeart formula was defective and accusing the company of negligence. They are seeking compensation for medical expenses, emotional trauma, and additional damages.

These families, who chose the organic formula for its perceived health benefits, express deep shock and distress over their children’s suffering. “I wouldn’t guess that a product designed for a helpless, developing human in the United States could cause something this severe,” remarked Stephen Dexter. Hanna Everett added, “She’s so little and you’re just helplessly watching this. It was awful.”

Outbreak began in August

The outbreak, affecting at least 15 infants across a dozen states since August, has brought no fatalities but has required intensive medical intervention. The afflicted infants received BabyBIG, the only treatment for infantile botulism, which is derived from the blood plasma of individuals immunized against the neurotoxins causing the illness.

Following the recall, investigations are ongoing into other potential cases, as ByHeart, based in New York, withdraws its product from the market. Health authorities report that 84 babies in the U.S. have been treated for this condition since the outbreak began.

California health officials confirmed that a sample from an opened can of ByHeart formula linked to an affected infant contained the bacteria responsible for the illness.

Bill Marler, a Seattle-based food safety attorney representing the Dexter family, suggests that this may be just the beginning of legal troubles for ByHeart. “This company potentially faces an existential crisis,” he noted.

While ByHeart has not commented directly on the lawsuits, they have stated their commitment to ensuring customers are aware of the recall and informed about necessary actions.

Cheyanne Mumphrey / AP

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AP

Parents fretted as babies grew sicker

For the Dexters, the ordeal began when Rose was fed ByHeart formula shortly after birth in July. Stephen Dexter recalls purchasing the product from Whole Foods, aiming for a natural choice. “I’m a little concerned with things that are in food that may cause problems,” he mentioned, highlighting the family’s preference for organic options.

However, Rose’s health began to decline, culminating in an emergency airlift to Phoenix Children’s Hospital when she became unresponsive at 8 weeks old. She spent nearly two weeks there receiving treatment.

The Everetts had a parallel experience after supplementing Piper’s breastfeeding with ByHeart formula. The situation escalated when they discovered the formula was part of a recalled batch, prompting an urgent hospital visit. Piper’s condition rapidly deteriorated, necessitating immediate medical intervention.

Thanks to the timely administration of BabyBIG, both infants have recovered and are now home, thriving on alternative formulas.