An Eatonville family is suing ByHeart after they say their baby contracted infant botulism from the company’s formula, which has been recalled nationwide.
The company’s formula has been tied to an infant botulism outbreak, resulting in at least 31 cases in at least 15 states.
The products have been recalled, but the FDA has warned some of the recalled formula is still being found on store shelves in multiple states.
Everyone is urged to avoid buying or using any ByHeart infant formula, including formula cans and single-serve “anywhere pack” sticks.
Madi and Tyler Wescott started noticing unusual symptoms in their two-month-old daughter Kinslee.
Then, they received a phone call notifying them they’d purchased the recalled product.
Kinslee was hospitalized for five days in Tacoma.
She’s now home, but has a long road to recovery.
“She’s basically like a newborn. She has no head or neck control,” Madi said.
Kinslee will have to undergo physical therapy and speech therapy to fully recover.
“I did research on different brands, and I thought I was picking a good brand,” Madi said.
The family has filed a lawsuit against ByHeart, aiming to force the company to reevaluate its business practices to prevent similar incidents in the future.
“We do rely on these companies to produce safe food and it’s their legal and moral obligation to do that,” said their attorney Bill Marler.
If your child has consumed this formula, watch closely for symptoms of botulism, including constipation, difficulty feeding, loss of head control, and difficulty swallowing.
Immediate medical care is recommended if symptoms are observed.
While botulism can be deadly, there is treatment available.
“A baby that prevents with symptoms, receives the anti-toxin, recovers, those babies are going to be fine,” said pediatrician Dr. Chris Peltier, who works with Pediatric Associates of Mount Carmel and served as the immediate past president of the Ohio Chapter of American Academy of Pediatrics. “I think the biggest concern, would be maybe a baby that doesn’t get treated, has respiratory problems, actually has respiratory arrest or stops breathing, then there can be issues like with that. Either brain damage, kidney damage, liver damage, because of babies not breathing and having trouble oxygenating their tissues.”
If your child has consumed the product, but is not showing any symptoms, pediatricians say you do not need to take them to the emergency room for a test.
If you have any ByHeart formula at home, do not use it. Keep it sealed and hold on to it for one month in case you need the batch information if your child becomes sick.
“You see recalls all the time, and you kind of just brush them off because it’s never happened to you, and then it does and it doesn’t feel real,” Madi said.
A ByHeart spokesperson told KIRO 7 the company is focused on the safety and well-being of babies.
“We recognize this news is heartbreaking for parents and we are committed to working with speed and transparency to provide continued support for our community and ensure this investigation leads to solutions for our processes and the industry at-large,” a spokesperson wrote. “We have been working in cooperation with the FDA, and we are investigating every facet of our process. All findings will be shared transparently with regulators and industry partners to strengthen safeguards and ensure this never happens again.”
The spokesperson noted that until now, “this bacterium was not among the pathogens routinely tested for across the industry, despite thousands of safety tests conducted by all manufacturers.”
They added that the company was working to help advance testing standards.
“Doesn’t give them an excuse not to test,” Marler said. “Especially given the incredible risk to these most vulnerable victims.”
You can read the complaint here.
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