First Lawsuit Against ByHeart Filed After Infant Botulism Cases Linked to Formula

Lawsuit Filed Against ByHeart Over Infant Botulism Outbreak

In a troubling development, OFT Food Safety & Injury Lawyers have initiated the first legal action connected to a multi-state outbreak of infant botulism, suspected to be linked to the ByHeart, Inc.'s infant formula. The lawsuit has been filed on behalf of Hanna and Michael Everett, whose four-month-old daughter was hospitalized due to this severe illness, reportedly triggered by consuming ByHeart's Whole Nutrition formula.

The legal case has been lodged in the United States District Court for the Eastern District of Kentucky, specifically under Case No. 525-cv-00422. The complaint outlines allegations that the ByHeart formula had been contaminated, leading to the dire health condition of their newborn. The Centers for Disease Control and Prevention (CDC) has already identified at least 15 confirmed cases of infant botulism following the consumption of this particular formula.

In an alarming finding, testing performed by the California Department of Public Health on a can of the ByHeart formula showed the presence of bacteria that produce botulinum toxin. Initially, the company recalled only two batches of its formula, but this action has now expanded to include all of its products following the escalation of cases linked to infant botulism.

Infant botulism occurs when infants ingest spores of the bacteria Clostridium botulinum. This toxin can induce severe muscle weakness and respiratory complications, posing significant health risks for vulnerable populations such as babies, whose immune and gastrointestinal systems are still developing. Brendan Flaherty, a food safety attorney, stated, "We know that infants are vulnerable to any contamination in formula. That is why safety – not profit – must be the first priority for any formula manufacturer. The bacteria that produce botulinum toxin should never be in formula because that toxin can kill your baby if not diagnosed and treated."

Flaherty further pointed out the company's previous difficulties, as ByHeart had issued a recall in 2022 for five batches of formula contaminated with another hazardous pathogen, Chronobacter sakazakii. Following these incidents, the FDA had issued a warning letter to the company regarding safety issues in their production process.

The lawsuit not only seeks answers for the Everett family but also aims to ensure that other families do not endure similar distressing situations in the future. It accuses ByHeart of misleading marketing practices and inadequate responses to prior contamination issues.

With over four decades of experience, the attorneys at OFT Food Safety & Injury Lawyers have successfully secured millions for victims of food poisoning. They emphasize the importance of addressing issues related to food safety vigorously. If other families have been affected by this outbreak, OFT Law encourages them to reach out for a free consultation, asserting their commitment to advocating for affected individuals and families.

As the situation unfolds, one thing remains clear—infant safety must always take precedence, and vigorous accountability measures should be in place for manufacturers to prevent future health crises linked to infant formula contamination.