Parents of Kentucky baby with infant botulism sue company that made the formula

Christopher Leach, Lexington Herald-Leader on Nov 19, 2025

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LEXINGTON, Ky. — 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.

The Everetts and their attorney could not be immediately reached for comment.