Families Launch Legal Action Following Infant Botulism Scare
The parents of at least two infants who fell seriously ill during an infant botulism outbreak are now suing the manufacturers of ByHeart baby formula, the product at the centre of a major nationwide recall. The lawsuits, filed in federal courts, allege the formula was defective and that the company acted negligently by selling it.
"A Helpless, Developing Human": Parents Share Their Ordeal
Stephen and Yurany Dexter from Flagstaff, Arizona, recounted how their four-month-old daughter, Rose, had to be airlifted to a children's hospital two hours from their home and required several weeks of treatment this summer.
Similarly, Michael and Hanna Everett from Richmond, Kentucky, said their four-month-old daughter, Piper, was rushed to hospital on 8 November as symptoms of the rare and potentially fatal illness worsened.
Both families stated they chose the organic ByHeart formula believing it to be a natural and healthier alternative. They expressed profound shock and anger over the suffering their children endured.
"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, 44.
Hanna Everett, 28, added, "She's so little and you're just helplessly watching this. It was awful."
The Outbreak and National Recall
Rose Dexter and Piper Everett are among at least 15 infants across a dozen states who have been sickened in the outbreak, which began in mid-August. No deaths have been reported.
Both babies received BabyBIG, the only available treatment for botulism in infants under one year old. This intravenous medication is derived from the blood plasma of people immunised against the neurotoxins that cause the illness.
The legal actions follow the decision by New York-based ByHeart to recall all of its formula nationwide on Tuesday, 11 November. The company sells approximately 200,000 cans of formula monthly.
Investigations are ongoing into more potential cases. California health officials confirmed that a sample from an open can of ByHeart formula, which had been fed to a sick infant, contained the type of bacteria that can lead to the illness.
Medical experts warn that it can take up to 30 days for signs of an infant botulism infection to appear.
A Long Road to Recovery
In Rose's case, she began receiving ByHeart formula days after her July birth when breast milk was insufficient. Her father, Stephen, had sought a "natural option" from Whole Foods.
However, the initially healthy baby did not thrive. She became fussy, had trouble feeding, and her condition deteriorated until her parents could not wake her on 31 August. She was then airlifted to Phoenix Children's Hospital for a nearly two-week stay.
Hanna Everett used the formula to supplement breastfeeding when Piper was six weeks old, believing it was "supposed to be similar to breast milk."
Piper's condition worsened rapidly in hospital; her pupils stopped dilating correctly, she lost her gag reflex, and her head and arms became limp. She required a feeding tube and IV lines while awaiting the BabyBIG medication, which had to be shipped from California.
Fortunately, both babies have since improved. Rose returned home in September and no longer needs a feeding tube, while Piper was discharged this week. Both are now reported to be doing well on different formulas.
Legal Reckoning and Company Response
Bill Marler, a Seattle food safety lawyer representing the Dexter family, suggested these lawsuits could be the first of many, stating, "This company potentially faces an existential crisis."
The lawsuits seek financial compensation for medical expenses, emotional distress, and other damages.
ByHeart officials did not respond to specific questions about the new legal claims but stated they would "address any legal claims in due course." The company emphasised its focus is on ensuring families are aware of the recall and have factual information.
Parents and caregivers who have the formula at home are urged to immediately stop using it and dispose of the product.
