Parents of four-month-old girls who were sickened by infantile botulism are suing the maker of ByHeart baby formula, which was at the center of a nationwide recall. Rose Dexter and Piper Everett, both 4 months old, contracted the rare and potentially deadly disease after consuming ByHeart formula.
Stephen Dexter said his 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, who live in Kentucky, described their experience as "terrifying." Their 4-month-old daughter Piper was rushed to the hospital on November 8 with worsening symptoms of botulism.
Hanna Everett told CBS News that she was unaware of the recall prior to her daughter consuming ByHeart formula. The lawsuit alleges that the formula was defective and that the company was negligent in selling it. The families seek financial payment for medical bills, emotional distress, and other harm.
The lawsuits filed Wednesday could be the first of many legal actions against ByHeart, said Bill Marler, a Seattle food safety lawyer who represents Dexter. The company has recalled all its formula nationwide after at least 84 U.S. babies were treated for infantile botulism since August.
Infantile botulism is a rare but potentially deadly disease that can cause drooping eyelids, diminished suck and gag reflexes, and a weak and altered cry. Children suspected of being sick with infant botulism should get medical attention as soon as possible.
ByHeart sells about 200,000 cans of formula per month, but it only accounts for 1% of the baby formula purchased in the U.S., according to FDA commissioner Marty Makary. The company said there is no risk of a formula shortage due to the recall.
The parents bought ByHeart formula as an organic alternative to traditional baby formulas and were shocked by their children's suffering. Stephen Dexter said, "I wouldn't guess that a product designed for a helpless, developing human in the United States could cause something this severe." Hanna Everett added, "It was awful. She's so little and you're just helplessly watching this."
Rose was hospitalized for nearly two weeks after her parents switched to ByHeart formula, while Piper was treated at Kentucky Children's Hospital with doses of BabyBIG medication, which had to be shipped from California. In both cases, the babies improved after receiving treatment.
The families appear to be doing well on different formulas and have expressed their gratitude for the medical attention they received. They are seeking justice for their children's suffering and hope that other families will not go through what they experienced.
Stephen Dexter said his 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, who live in Kentucky, described their experience as "terrifying." Their 4-month-old daughter Piper was rushed to the hospital on November 8 with worsening symptoms of botulism.
Hanna Everett told CBS News that she was unaware of the recall prior to her daughter consuming ByHeart formula. The lawsuit alleges that the formula was defective and that the company was negligent in selling it. The families seek financial payment for medical bills, emotional distress, and other harm.
The lawsuits filed Wednesday could be the first of many legal actions against ByHeart, said Bill Marler, a Seattle food safety lawyer who represents Dexter. The company has recalled all its formula nationwide after at least 84 U.S. babies were treated for infantile botulism since August.
Infantile botulism is a rare but potentially deadly disease that can cause drooping eyelids, diminished suck and gag reflexes, and a weak and altered cry. Children suspected of being sick with infant botulism should get medical attention as soon as possible.
ByHeart sells about 200,000 cans of formula per month, but it only accounts for 1% of the baby formula purchased in the U.S., according to FDA commissioner Marty Makary. The company said there is no risk of a formula shortage due to the recall.
The parents bought ByHeart formula as an organic alternative to traditional baby formulas and were shocked by their children's suffering. Stephen Dexter said, "I wouldn't guess that a product designed for a helpless, developing human in the United States could cause something this severe." Hanna Everett added, "It was awful. She's so little and you're just helplessly watching this."
Rose was hospitalized for nearly two weeks after her parents switched to ByHeart formula, while Piper was treated at Kentucky Children's Hospital with doses of BabyBIG medication, which had to be shipped from California. In both cases, the babies improved after receiving treatment.
The families appear to be doing well on different formulas and have expressed their gratitude for the medical attention they received. They are seeking justice for their children's suffering and hope that other families will not go through what they experienced.
this is so sad, i feel bad for these 4 month old babies who got sick from ByHeart formula 
their parents are going through hell and it's all because of a faulty product 
i don't think the company should be allowed to sell formula that can cause such harm in the first place 
they need to take responsibility for what happened and give these families the justice they deserve 
I feel bad for these families, my heart goes out to them, hopefully they get the justice they deserve and don't have to go through what Rose and Piper went through 
I don't think it's a good idea for parents to sue companies like ByHeart just because their baby got sick from formula, but at the same time, how could they not have known about the recall before feeding it to their little one? 
It's kinda crazy that 200k cans of formula are sold every month and yet this is happening. But if I'm being super honest, I think the company should be totally on the hook for this - I mean, how could they not have tested it thoroughly enough?! 
On the other hand, maybe some of these lawsuits will make ByHeart reevaluate their manufacturing process and make things safer in the future... but wouldn't that be a pretty obvious thing to do anyway? 
just heard about this crazy lawsuit against ByHeart baby formula! 
I mean, 84 babies got sick from it already? That's so not okay 
. Can't believe parents were unaware of the recall too... how do you not know about a massive recall? 
Anyway, fingers crossed that these lawsuits lead to major changes in the way formulas are tested and regulated 
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. Now they're left with medical bills, emotional distress... it's just too much 
It's just so frustrating 
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. I would be FREAKING OUT if my little one got sick from a baby formula too 
. And can you believe they had to switch formulas like twice because ByHeart was causing more harm?!? It's just so sad that these families have to go through this 
! Anyway, I hope the parents get justice and their little ones are all good now 
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