ByHeart Faces Ongoing Scrutiny From Federal Investigators as Clostridium Botulinum Spores Were Detected in Its Baby Formula
NEW YORK, NEW YORK (November 28, 2028) – At least seven additional families have filed lawsuits against formula manufacturer ByHeart after botulism spores were found inside of their baby formula.
The lawsuits describe the traumatic experiences that families went through when their children were hospitalized after ingesting the formula. The infants were placed on IVs and feeding tubes.
Families that bought the formula thought they were making smart choices because it contains organic whole milk and few additives. ByHeart has recently issued a statement and said that laboratory tests revealed that Clostridium botulinum spores were found inside of its formula.
The company said that it remains focused on the recall and determining what may have led to the contamination. The Food and Drug Administration has revealed that a total of 31 infants who have consumed the formula have confirmed cases of botulism.
The cases are spread across 15 different states and have all resulted in hospitalizations.
Don’t Wait: If your child has become ill after consuming ByHeart infant formulas, our team of attorneys are here to help. You can contact us at (516) 908-9792.
Liability for Botulism Cases Caused by Infant Formula
Botulism is a serious illness that can result from foods that are not properly canned or preserved. The bacteria produces a toxin that attacks nerve cells. According to the Centers for Disease Control, “In 2019, health departments reported 215 cases of botulism to CDC. Among those cases, 201 were laboratory confirmed and 14 were probable. The cases were of the following types: 152 (71%) infant, 41 (19%) wound, 21 (10%) foodborne, and 1 (<1%) other, diagnosed as probably adult intestinal colonization.” Companies should take a number of steps to prevent botulism outbreaks.
- Strict Ingredient Control: Companies should enforce strict ingredient controls in all of their products. They should only accept dairy and other additives from vetted suppliers that have clearly demonstrated they are able to maintain safety standards.
- Environmental Monitoring: Companies should maintain high-level hygiene in manufacturing areas. They should also conduct routine swab tests on surfaces and equipment to detect potential contaminants.
- Moisture Intrusion: Companies should do everything in their power to prevent moisture from entering their products at all stages. In particular, baby formulas and other goods should be shipped in moisture-proof packaging.
Baby formula manufacturers have a legal obligation to protect consumers from foreseeable sources of harm. They must exercise a great level of care to prevent botulism and other foodborne illnesses. Manufacturers can be held strictly liable for selling baby formulas and other products that are unreasonably dangerous. These companies may have been negligent and failed to sanitize equipment. Depending on the facts of any case, there could be several entities that face liability if botulism spores are allowed to enter infant products.
Steps to Take If Your Infant Contracts Botulism From Baby Formula
Botulism can result in long-term neurological injuries and death for young infants. According to the Cleveland Clinic, “Botulinum toxin blocks nervous system signals. Those signals tell your muscles when to activate and when to relax. Blocking those signals causes paralysis. And botulism can be deadly when the paralysis blocks signals to the muscles you use to breathe.” Parents should take several actions if they suspect that their child may have contracted botulism.
- Medical Support: Parents should take their children to the hospital as early as possible so that they can receive a thorough evaluation and treatment. There are many symptoms associated with botulism, including constipation, eyelid drooping, and choking when trying to feed.
- Evidence Preservation: The suspected source of the botulism contamination should be stored in a secure location where it is not likely to cause further harm. Parents should also work to determine if the affected product was on any recall lists.
- Legal Support: Parents should seek the guidance of an experienced product liability attorney. An attorney can examine all of the unique facts of your case and let you know what your options are.
It can be difficult to know where to begin if your child is hospitalized with botulism. Many parents are traumatized as they watch their children suffer tremendously while hospitalized. Sadly, many children die from this illness. Parents should understand that they do have legal rights. They are able to hold the manufacturer of different products legally accountable for their child’s illness through a product liability claim.
Getting Legal Help After Your Child Contracts Botulism
We at GLK Law extend our best wishes to all of the families whose infants have become sick after consuming baby formula from ByHeart. It is our sincere hope that all of the children affected will be able to make a full recovery. There needs to be a thorough investigation into the source of the contamination. Measures need to be taken to prevent similar incidents down the road.
Has your child become ill after consuming baby formula from ByHeart? You may be entitled to financial compensation. Our team of experienced personal injury attorneys is here to support you in any way that we can. We care deeply that victims are aware of their rights and that baby formula manufacturers are held accountable for their negligent actions. Whether you just have legal questions or need any other type of support, we’re here to serve your needs. You can reach out to us anytime at (516) 908-9792.
