The families of two children with infant botulism have filed a lawsuit against ByHeart for withdrawing the formula from the market following the health warning.
Parents At least two children are sick in an outbreak of infant botulism They are suing the manufacturers of infant formula By heartwhich is located at the National Product Recall Center.
Stephen and Yorani Dexterof Flagstaff, Ariz., said their 4-month-old daughter, Rose, was flown by air ambulance to a children’s hospital two hours away and treated for several weeks this summer.
Michael and Hannah EverettTee, of Richmond, Kentucky, said their daughter, Piper, also 4 months old, was taken to the hospital on November 8 due to her infection. Increasingly severe symptoms of this rare and life-threatening disease.
The lawsuits, filed in federal courts in two states, allege that ByHeart’s formula for children’s consumption was defective and that the company was negligent in selling it. The parents are seeking financial compensation for medical expenses, emotional distress and other damages.
The two families said They purchased the organic formula because they saw it as a more natural and healthier alternative to traditional formulas, and stated that they were shocked and angry at the suffering of their daughters.
Stephen Dexter, 44, said: “I never imagined that a product designed for a helpless, developing human in the United States could cause something this serious.”
“It’s so small and you can just watch and not be able to do anything,” said Hannah Everett, 28. “It was horrific.”
The outbreak began in August
The recalled formula includes all ByHeart Whole Nutrition offerings. Image: Food and Drug Administration / www.fda.govThese include Rose Dexter and Piper Everett At least 15 children in a dozen states Who have been sick since August, according to state and federal health authorities. No deaths were reported.
Both received the only treatment available for infant botulism: an intravenous drug called BabyBIG, made from the plasma of people immune to the neurotoxins that cause the disease.
The investigation into other possible cases is ongoing, after New York-based ByHeart recalled all of its products manufactured across the country on Tuesday. According to authorities in California. At least 84 children have been treated for infant botulism since August, including cases in this outbreak.
The State of California confirmed that a sample taken from an open container of ByHeart formula used to feed a sick child contained the type of bacteria that can cause the disease.
The lawsuits filed could be the first of many lawsuits filed against the company, said Bill Marler, a food safety attorney representing the Dexter family. He added: “The company is likely to face an existential crisis.”
ByHeart did not directly respond to questions about the new lawsuits, but said it would address any legal claims in a timely manner.
“We remain focused on ensuring that families using ByHeart products are aware of the recall and have accurate information about next steps,” the company said in a statement.
Parents watched with concern as their daughters’ condition deteriorated.
The lawsuits filed could be the first of many filed against the company. Image: UnsplashIn Rose’s case, she started receiving ByHeart formula a few days after she was born in July, when her breast milk wasn’t enough, her father said. Steven Dexter said he looked for a “natural” option at Whole Foods.
“I’m concerned that some ingredients in foods could cause problems,” she explained. “We try to buy things that claim to be organic.”
But Rose, who was healthy at birth, was unsuccessful on the formula. He had difficulty feeding and was nervous as his condition deteriorated. On August 31, when she was 8 weeks old, her parents were unable to wake her.
She was transported by air ambulance to Phoenix Children’s Hospital, where she remained for approximately two weeks.
Hannah Everett said she started using ByHeart to supplement breastfeeding when Piper was 6 weeks old. “It’s supposed to be similar to breast milk,” he said.
Last weekend, Piper began showing signs of illness. Everett became even more concerned when a friend told her that ByHeart had recalled two jars of its complete infant formula. A family member examined the empty cans and saw that they matched the quantities recalled.
“I said, ‘Oh my God, we have to go to the Guard,'” Everett said.
At Kentucky Children’s Hospital, Piper’s condition rapidly deteriorated. His pupils stopped dilating properly, he lost his vomiting reflex, and his head and arms went limp.
Doctors immediately ordered doses of BabyBIG, which had to be shipped from California. Meanwhile, Piper received a feeding tube and intravenous lines.
In both cases, the children improved after treatment. Rose went home in September and no longer needed a feeding tube. Piper returned home this week.
Both develop well with different formulas, depending on the family.