The parents of at least two babies sickened in an infantile botulism outbreak are suing the makers of the ByHeart baby formula at the heart of a nationwide recall. Stephen and Yurany Dexter, of Flagstaff, Arizona, said their 4-month-old daughter, Rose, had to be flown by air ambulance to a children’s hospital two hours from home and treated for several weeks this summer.
Michael and Hanna Everett, of Richmond, Kentucky, said their daughter, Piper, also 4 months, was rushed to a hospital Nov. 8 with worsening symptoms of the rare and potentially deadly disease.
The lawsuits, filed in federal courts in two states, allege that the ByHeart formula the babies consumed was defective and that the company was negligent in selling it. They seek financial payment for medical bills, emotional distress, and other harm.
Both families said they bought the organic formula to provide what they viewed as a natural, healthier alternative to traditional baby formulas, and that they were shocked and angered by the suffering their children endured.
Rose Dexter and Piper Everett are among at least 15 infants in a dozen states who have been sickened in the outbreak that began in August, according to federal and state health officials. Both received the sole treatment available for botulism in children less than a year old: an IV medication called BabyBIG, made from the blood plasma of people immunized against the neurotoxins that cause the illness.
Investigations into more potential botulism cases are pending after ByHeart, the New York-based formula manufacturer, recalled all of its formula nationwide on Tuesday. Neither family expected harm from a product designed for infants, especially since it was labeled as organic and natural.
California officials confirmed that a sample from an open can of ByHeart formula fed to an infant who fell ill contained the type of bacteria that can lead to illness. The lawsuits could be the first of many against ByHeart, according to food safety lawyer Bill Marler, who represents Dexter.
Both babies showed improvement after receiving BabyBIG, and families are now using different formulas. They urge other parents to stay informed about the recall and potential symptoms associated with infantile botulism.
Michael and Hanna Everett, of Richmond, Kentucky, said their daughter, Piper, also 4 months, was rushed to a hospital Nov. 8 with worsening symptoms of the rare and potentially deadly disease.
The lawsuits, filed in federal courts in two states, allege that the ByHeart formula the babies consumed was defective and that the company was negligent in selling it. They seek financial payment for medical bills, emotional distress, and other harm.
Both families said they bought the organic formula to provide what they viewed as a natural, healthier alternative to traditional baby formulas, and that they were shocked and angered by the suffering their children endured.
Rose Dexter and Piper Everett are among at least 15 infants in a dozen states who have been sickened in the outbreak that began in August, according to federal and state health officials. Both received the sole treatment available for botulism in children less than a year old: an IV medication called BabyBIG, made from the blood plasma of people immunized against the neurotoxins that cause the illness.
Investigations into more potential botulism cases are pending after ByHeart, the New York-based formula manufacturer, recalled all of its formula nationwide on Tuesday. Neither family expected harm from a product designed for infants, especially since it was labeled as organic and natural.
California officials confirmed that a sample from an open can of ByHeart formula fed to an infant who fell ill contained the type of bacteria that can lead to illness. The lawsuits could be the first of many against ByHeart, according to food safety lawyer Bill Marler, who represents Dexter.
Both babies showed improvement after receiving BabyBIG, and families are now using different formulas. They urge other parents to stay informed about the recall and potential symptoms associated with infantile botulism.





















