Richmond, KY – A Kentucky family has filed a federal lawsuit after their 4-month-old baby lost her gag reflex, became lethargic, and required emergency antitoxin treatment following what doctors diagnosed as infant botulism. The illness was allegedly triggered after the child consumed an infant formula advertised as “cutting-edge” and “clinically proven,” which the lawsuit claims was “laced with dangerous bacteria.”
Parents Say Their Baby Changed Dramatically After Using the Formula
According to a legal complaint filed by Hanna and Michael Everett in the Eastern District of Kentucky, their daughter Piper had been a “happy, healthy” baby before the family purchased ByHeart Infant Formula online. They said the company’s marketing convinced them the product was the “highest quality” and “most nutritious” choice available.
Their lawsuit states that “soon after consuming the formula,” Piper developed constipation and then alarming neurological symptoms that prompted an urgent trip to the emergency department. As reported through the Associated Press, Hanna Everett recalled:
“I was like, ‘Oh my God, we need to go to the ER.’”
Doctors at Kentucky Children’s Hospital diagnosed Piper with infant botulism, a rare but severe illness affecting the nervous system.
Symptoms Reported to Be Severe and Rapidly Escalating
The lawsuit details how Piper’s condition deteriorated over several days. The baby became lethargic, stopped being able to feed from a bottle, and lost her gag reflex. Her pupils also reportedly stopped dilating.
Hospital records referenced in the lawsuit say Piper was admitted on November 9, 2025, where her treating physicians quickly ordered the botulism antitoxin, a life-saving medication that is extremely limited in supply.
The antitoxin had to be flown into Kentucky and was administered shortly after arrival. According to the complaint, it was successful, though the recovery process remains ongoing. Piper is still relying on a feeding tube and awaiting further evaluations from feeding and speech specialists.
State Health Investigators Link Case to Recalled Formula
The lawsuit states that the Kentucky Department of Public Health launched an investigation once doctors confirmed the diagnosis. Investigators allegedly determined that Piper consumed formula from a recalled batch of ByHeart product.
The complaint further claims that Piper is one of at least 15 infants across 12 states believed to have been sickened by the same formula. Another family in Arizona has also filed suit against the company.
Hanna Everett wrote in a Facebook update that the situation “never should have happened” and added that although Piper is showing progress, the recovery remains challenging.
Company Marketing Under Scrutiny
The lawsuit accuses ByHeart of misleading parents through statements claiming their formula was a “clinically proven” and superior alternative to traditional options. The complaint alleges that these assurances led the Everetts to believe the formula would be as safe and natural as breast milk.
According to the family, the online advertisements and product descriptions significantly influenced their purchasing decisions. They say the company failed to warn consumers adequately about contamination risks that could lead to infant botulism.
ByHeart did not provide a comment when contacted on Thursday.
What Is Infant Botulism and Why It Is Dangerous
Infant botulism is a severe neuromuscular illness caused when Clostridium botulinum bacteria produce toxins inside the intestines. These toxins interfere with nerve function and can result in:
- Weak muscle tone
- Poor sucking or feeding
- Trouble swallowing or breathing
In severe cases, infants may lose the ability to move, feed, or maintain basic reflexes such as blinking or gagging.
Treatment requires a specialized botulism immune globulin, which is manufactured in limited quantities, making rapid diagnosis essential.
Broader Public Health Implications
Cases like Piper’s highlight the vulnerabilities in the infant formula supply chain and the potential consequences of contamination. Public health officials often stress that quality control failures, even at reputable manufacturers, can have devastating impacts on infants whose developing systems are particularly fragile.
While investigations are ongoing, the Everetts’ lawsuit argues that the formula posed “unreasonable dangers” and that the company failed to maintain safe manufacturing practices. If true, this would place other families at risk and raise questions about recall procedures, monitoring systems, and safety testing.
Conclusion
The Kentucky lawsuit has intensified concerns about infant formula safety, particularly when products are marketed as advanced or superior alternatives. As health officials continue investigating the multi-state outbreak, families and regulators alike are watching closely for further developments. Piper’s recovery remains ongoing, and the case underscores how quickly a child’s health can deteriorate when contaminated formula is involved.
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