The parents of two babies affected by an infantile botulism outbreak are suing the makers of the ByHeart baby formula at the center of a nationwide recall.
Stephen and Yurany Dexter from Flagstaff, Arizona, reported their daughter Rose, aged 4 months, had to be airlifted to a children’s hospital where she received extensive treatment this summer. Similarly, Michael and Hanna Everett from Richmond, Kentucky, also rushed their daughter Piper, aged 4 months, to a hospital on November 8 after her symptoms worsened.
The lawsuits, lodged in federal courts, assert that the ByHeart formula was defective and that the company displayed negligence by distributing the product. The families are seeking financial recompense for medical expenses and emotional distress due to their children’s suffering.
The Dexters and Everetts claimed they chose the organic formula, believing it was a healthier alternative to traditional baby formulas. They expressed their shock and anger at the ordeal their children faced.
“I wouldn’t guess that a product designed for a helpless, developing human in the United States could cause something this severe,” said Stephen Dexter. “It was awful watching her suffer,” responded Hanna Everett.
Outbreak Timeline
Rose and Piper are among 15 infants afflicted by this outbreak since August, according to health officials, although there have been no reported fatalities. They received medications made from the plasma of vaccinated donors—an exclusive treatment for botulism.
ByHeart, based in New York, announced a nationwide recall of its formula after federal health investigations linked it to several botulism cases. Reports indicate that over 84 infants have sought treatment since the outbreak began.
The company reportedly sells 200,000 cans of formula monthly and noted that symptoms of infection can take up to 30 days to manifest.
California officials confirmed that a sample from an open can of ByHeart formula associated with an infant’s illness contained harmful bacteria.
The lawsuits signaled a possible wave of legal actions against ByHeart, as attorney Bill Marler pointed out the significant threat the company now faces.
ByHeart has not commented on the new lawsuits but assured that they will tackle any legal claims accordingly and emphasized their commitment to customer safety regarding the recent recall.
Parents' Concerns
The Dexters chose ByHeart formula shortly after Rose's birth in July due to issues with breast milk supply. Stephen expressed, “I worry about food allergies and ingredients.” However, Rose struggled with feeding and showed signs of distress, leading to her eventual hospitalization.
Similarly, Hanna Everett started using ByHeart to supplement breastfeeding when Piper turned six weeks old. Their concerns grew more acute when they learned about the formula recall, prompting them to rush Piper to the emergency room.
In Kentucky, Piper's health rapidly declined, prompting immediate intervention and treatment. Fortunately, both infants were stabilized and are currently recovering well with different formulas.
___
For detailed updates and information on this ongoing case, stay tuned.
