(LEX 18) — A Kentucky couple is suing ByHeart, Inc. after their 4-month-old daughter developed infant botulism from consuming the company's formula, which has been linked to a multistate outbreak affecting at least 15 infants.
The lawsuit was filed by OFT Law PLLC in the U.S. District Court for the Eastern District of Kentucky on behalf of Hanna and Michael Everett of Richmond.
The parents purchased ByHeart's formula because it was marketed as a "clinically proven" and healthier alternative to traditional formulas, OFT reported.
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After consuming the product, their daughter became "lethargic and developed constipation, followed by neurological symptoms including an inability to take a bottle," a release from OFT read.
The baby was reportedly hospitalized and diagnosed with infant botulism, a serious illness caused by the bacterium Clostridium botulinum. The Kentucky Department of Public Health investigated and discovered the formula consumed by the baby was from one of the initially recalled batches, OFT added.
The Centers for Disease Control has linked the contaminated formula to cases affecting at least 15 infants across 12 states.
The lawsuit alleges ByHeart manufactured and sold a defective product contaminated with the deadly bacteria. The complaint, OFT reported, includes claims for strict products liability, negligence, breach of express warranty, and breach of implied warranty of merchantability.
The couple is seeking punitive damages, alleging ByHeart had actual notice of manufacturing issues resulting in pathogenic contamination in 2022 but chose to "protect its brand rather than fully evaluate its production processes," the release reported.
