10-State Outbreak of Infant Botulism Spurs Baby Formula Recall

Thirty-nine infants have been hospitalized with botulism, which can be fatal, and officials have linked their illness with ByHeart Whole Nutrition Infant Formula. The infants range in age from 16 to 264 days. There have been no deaths so far. All ByHeart baby formula has been recalled. Despite the ongoing recall, recalled formula is still being found and sold in Walmart, Target, Kroger, Acme, and Shaw’s. The FDA is working to remove all products that may have been impacted from stores, but it’s important to take care and not by any ByHeart baby formula product 

Parents and caregivers who use the product have been asked to record the identifying information at the bottom of the packaging and throw it away—however, if your child has gotten sick, you should first consult the seasoned Chicago-based product liability lawyers of Moll Law Group to determine your legal options and whether you have a viable claim. Billions have been recovered in lawsuits with which we’ve been involved.

Call Moll Law Group About Your Potential ByHeart Baby Formula Claim

Babies who develop infant botulism do so because of a bacteria-produced toxin. The Centers for Disease Control and Prevention has explained that the symptom can include poor feeding, loss of head control, problems swallowing, and constipation, and they can lead to death or paralysis. It’s important to be aware that botulism may not develop for weeks, and so parents or caregivers that have given ByHeart formula to babies recently should closely watch the child for symptoms.

ByHeart infant formula, which makes up less than 1 % of baby formula sold in the country, uses organic grass-fed whole milk; its facilities in Iowa, Pennsylvania, and Oregon make formula that is sold by almost 12,000 retailers. The California Department of Public Health noticed the increase in infant botulism cases linked to ByHeart formula and reported it to federal health officials. Preliminary results in the CDPH’s test of a can of powdered infant formula fed to an infant with infant botulism suggested that the bacteria that produces the botulinum toxin was present.

The 10 states where infant botulism associated with ByHeart formula are Illinois, as well as Washington, Texas, Rhode Island, Pennsylvania, Oregon, New Jersey, Minnesota, California and Arizona. The New York City-based ByHeart has reported that it was told the FDA had tracked around 83 reports of infant botulism around the country since August and 13 of the babies affected had consumed the formula. It claims that its own tests and the government’s haven’t found botulism in the formula. However, the California Department of Health officials separately reported that there was an increase in infant botulism among those infants who took ByHeart formula since August. And the FDA has also said that multiple states’ officials are testing leftover formula. The agency is trying to decide where the point of contamination existed and if there are other products that were affected.

When our lawyers are able to prove that a manufacturer is liable for injuries or wrongful death, we may be able to recover economic and noneconomic damages on behalf of our clients. Damages for injuries can include medical expenses, out-of-pocket costs, pain and suffering, and mental anguish.

Parents and caregivers rely on the products that they feed infants and children to be safe. If your child developed infant botulism and took ByHeart baby formula, call the seasoned Chicago-based product liability lawyers of Moll Law Group to determine whether you have a basis to sue for damages.  We dedicate ourselves to fighting for injured consumers around the country. Complete our online form or call us at 312.462.1700.