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  • Families of two infants with infant botulism sue Byheart, claiming infant formula was withdrawn from market after health warning
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Families of two infants with infant botulism sue Byheart, claiming infant formula was withdrawn from market after health warning

deercreekfoundation November 13, 2025
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parents of At least two infants sickened in infant botulism outbreak They are suing baby formula manufacturers By Heartwhich is at the center of a nationwide product recall.

Stephen Dexter and Eulanie DexterA family in Flagstaff, Arizona, reported this summer that their 4-month-old daughter, Rose, was taken by ambulance to a children’s hospital two hours away and had to receive treatment for several weeks.

michael and hannah everettT, of Richmond, Kentucky, said her daughter Piper, also 4 months old, was rushed to the hospital on November 8th. The symptoms of this rare and life-threatening disease are becoming increasingly severe.

The lawsuit, filed in federal court in two states, alleges that Byhart’s baby formula is defective and that the company was negligent in marketing it. The parents are seeking financial compensation for medical expenses, emotional distress and other damages.

Both families said so. They purchased organic formulas because they considered them to be a more natural and healthy alternative. She opposed traditional prescriptions and said she was shocked and angry at the suffering of her daughters.

Stephen Dexter, 44, said: “I never imagined that a product designed for the helpless, developing population of the United States could cause such serious consequences.”

Hannah Everett, 28, said: “It was so small that I couldn’t do anything but look at it. It was really bad.”

The epidemic began in August

The recalled formulas include all presentations of ByHeart Whole Nutrition. Photo: FDA/www.fda.gov

Rose Dexter and Piper Everett are among them. At least 15 babies in more than a dozen states State and federal health officials say the people have been sick since August. No deaths were reported.

The two received the only treatment available for infant botulism. It was an intravenous drug called BabyBIG, made from the plasma of people who had been immunized against the neurotoxin that causes the disease.

Investigations into other possible cases continue after New York-based Byheart recalled all of its baby formula products nationwide on Tuesday. According to California officials, At least 84 infants have been treated for infant botulism since August, including the cases in this outbreak.

The state of California has confirmed that samples taken from an opened can of Bihart formula used to feed sick infants contained the type of bacteria that can cause the disease.

The lawsuit filed could be the first of many against the company. said Bill Mahler, a food safety attorney who represents the Dexter family. “The company is facing a potentially existential crisis,” he said.

Beichert did not directly respond to questions about the new lawsuit, but said it would address any legal claims in due course.

“We remain focused on ensuring families who use Byheart products are aware of the recall and have accurate information about next steps,” the company said in a statement.

Her parents watched in agony as their daughter’s condition worsened.

The lawsuit filed could be the first of many against the company. Photo: UnsplashThe lawsuit filed could be the first of many against the company. Photo: Unsplash

Rose’s father said that a few days after she was born in July, she started receiving Byheart formula because breast milk alone wasn’t enough. Stephen Dexter said he was looking for “natural” options at Whole Foods.

“I’m concerned that certain ingredients in food may cause problems,” she explained. “We try to buy things that claim to be organic.”

However, although Rose was healthy at birth, she did not thrive on formula. He had difficulty breastfeeding and was becoming more irritable as his condition worsened. On August 31st, when she was 8 weeks old, her parents were unable to wake her up.

She was taken by ambulance to Phoenix Children’s Hospital, where she remained for almost two weeks.

Hannah Everett said she started using Viheart to supplement breastfeeding when Piper was six weeks old. “It’s supposed to be similar to breast milk,” he said.

Last weekend, Piper started showing signs of illness. Everett became even more concerned when she heard from a friend that Byhart had recalled two lots of Whole Nutrition infant formula. When the family examined the empty can, it matched the lot included in the recall.

“I said, ‘Oh my God, I have to go to security,'” Everett said.

At Kentucky Children’s Hospital, Piper’s condition rapidly deteriorated. His pupils no longer dilated properly, he lost his gag reflex, and his head and arms became limp.

Doctors immediately ordered doses of BabyBIG, which had to be shipped from California. During that time, Piper received a feeding tube and intravenous line.

In both cases, the baby’s symptoms improved after treatment.. Rose returned home in September and no longer needs a feeding tube. Piper came home this week.

Both are successfully evolving with different formulations depending on the family.

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