ByHeart recall: Arizona family sues baby formula maker

Flagstaff family sues after baby hospitalized with botulism from formula recall

One Arizona family is suing ByHeart baby formula after their baby was hospitalized with botulism, following a nationwide recall.

PHOENIX - The nationwide recall of a popular baby formula has been expanded as more infants are hospitalized, and now, an Arizona family is now suing the formula's maker.

Timeline:

On Nov. 10, it was reported that ByHeart announced a voluntary recall of some of its powdered infant formula, after the product was tied to an infant botulism outbreak.

One day later, on Nov. 11, officials with the Food and Drug Administration announced that all baby formula products by ByHeart are recommended for recall.

(Courtesy: FDA)

On Nov. 14, FDA officials said there are "a total of 23 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various lots) have been reported from 13 states."

According to CDC data, there are three cases in Arizona. Neighboring California also has three cases.

By the numbers:

ByHeart baby formula grew in popularity as one of the first organic grass-fed baby formulas approved by the FDA. It comes with an expensive price tag, costing upwards of $40 a can. The company sold over 200,000 cans of formula per month nationwide.

Local perspective:

Stephen Dexter's family is among those affected by the baby formula.

"I wish I had taken her to the doctor, so it's a little closer, a little sooner," said Dexter.

Dexter can’t help but feel guilty for trusting the baby formula for his one-month-old first child, Rose.

"I went to pick her up to feed her, and I couldn't wake her up," Dexter recounted. "She was breathing, but she just – she wouldn't wake up."

Rose was lifeflighted from Flagstaff to Phoenix Children's Hospital, and spent two weeks in the ICU with botulism.

Dig deeper:

Food safety lawyer Bill Marler is representing the Dexters as they sue ByHeart.

"They're concerned about their kid, and they're concerned about making sure their bills are paid," said Marler. "They're also pissed. They're angry. They're very angry about what happened, and they want to have answers."

Per the lawsuit, ByHeart’s facilities were flagged multiple times by the FDA over the last four years, alongside reports of deadly bacteria contamination, water leaks, and dead insects.

"I think most of the public would be shocked that there's not an inspector in every infant formula plant on a daily basis," Marler said. "These companies need to be reminded that they have a sacred trust with consumers. When you go to a grocery store, you're not thinking, ‘my god, what am I going to buy that could possibly kill my kid?’ You're not thinking about that."

What you can do:

Constipation, poor feeding, difficulty swallowing, and lethargy are signs to look out for in botulism infections.

Health experts say it can take up to 30 days for signs of infantile botulism infection to appear.

What's next:

More families are expected to join this lawsuit.