Parents of Central KY baby with infant botulism sue company that made the formula
AI-generated summary reviewed by our newsroom.
- Parents of a Kentucky infant sued ByHeart after the child contracted botulism.
- Federal lawsuit links the case to a nationwide outbreak tied to ByHeart formula.
- Family seeks compensatory damages and jury trial after antitoxin treatment.
The parents of a Kentucky infant who consumed potentially contaminated baby formula and became sick with a life-threatening disease are suing the company that produced the formula.
The lawsuit was filed in federal court Nov. 12 by lawyers representing Richmond residents Hanna and Michael Everett. It alleges their 4-month-old daughter consumed formula manufactured by ByHeart Inc. in early November and was subsequently diagnosed with infant botulism, a rare condition that can cause paralysis.
The case is part of a nationwide botulism outbreak affecting 23 infants across 13 states, according to the U.S. Food and Drug Administration. All 23 babies were exposed to the ByHeart formula and hospitalized with the disease.
Infant botulism occurs when a baby swallows Clostridium botulinum spores that can make a toxin in a baby’s digestive system, according to the Cleveland Clinic. The California Department of Public Health found evidence of the botulinum toxin in an open can of ByHeart formula that was fed to a child later diagnosed with infant botulism, the FDA said.
ByHeart voluntarily recalled all of its products Nov. 11 after discovering its formula was possibly connected to the outbreak. The company’s co-founder and president, Mia Hunt, said in a statement the safety and well-being of every infant is the company’s top priority.
The Kentucky Department of Public Health investigated the case involving the Everetts’ baby and determined they received one of the recalled batches of ByHeart formula, the lawsuit alleges.
Kendra Steele, a spokesperson for the Kentucky Cabinet for Health and Family Services, previously said the case has not yet been confirmed, and the investigation was ongoing.
The Everetts’ baby was admitted to a hospital Nov. 9 and diagnosed with botulism by emergency department doctors. The child was treated with a special, out-of-state antitoxin that is difficult to produce and extremely scarce, the lawsuit says.
In the lawsuit, the family seeks an unspecified award of compensatory damages and a jury trial.
Baby’s mother describes experience of botulism treatment
Hanna Everett was out of state and her daughter, Piper, was home being cared for by family members when ByHeart recalled an initial few batches of its formula. For a month up until that point, Hanna Everett said her daughter had been acting strangely and showing some symptoms, but they didn’t suspect botulism.
When Hanna Everett heard about the recall and determined her daughter had ingested a can of formula from a recalled batch, Piper was taken to the emergency room immediately.
There, the baby was symptom tested for botulism, which included testing her pupil dilation and gag reflex. Hanna Everett said doctors determined Piper had botulism and ordered the $70,000 medication to treat the disease.
The treatment required a feeding tube and multiple IVs, and Hanna Everett described the experience of seeing her daughter undergo the treatment as traumatic.
“You know they’re doing what they have to do to make her healthy and keep her safe, you get that, but it’s hard to rationalize that in your mind when they’re trying to put tubes up her nose, and she’s screaming and all you want to do is help her,” Everett said.
Piper was on a feeding tube for several days, but was able to have it removed when she was discharged from the hospital a few days later. Hanna Everett said her daughter is doing better now despite still having some feeding issues. She’s expected to make a full recovery.
“It’s gotten a little bit better, her muscles have gotten stronger again,” Everett said. “We still have to do speech therapy and stuff to help her get back to 100 percent.”
Hanna Everett said she and her husband filed the lawsuit against ByHeart because she’s upset with how the company handled the outbreak and alleges it acted negligently. She said the company never apologized and offered to send the family a new can of formula after she reported the incident to the company.
“You should never have to worry about feeding your child,” Everett said. “That’s not something that should be in the back of your mind.”
This story was originally published November 19, 2025 at 12:48 PM.
