Baby gets infection from formula 'laced' with bacteria: Suit
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Inset: Piper Everett (Facebook/Hanna Everett). Background: The Kentucky Children’s Hospital where Piper Everett’s condition allegedly worsened while being treated for infantile botulism that her family says was caused by consuming ByHeart brand baby formula (Google Maps).

A 4-month-old infant in Kentucky has been diagnosed with “infant botulism” after consuming a formula described as “cutting-edge” and “clinically proven,” according to a recent lawsuit. The baby exhibited symptoms such as non-dilating pupils and a loss of the gag reflex due to the formula being contaminated with harmful bacteria.

The lawsuit, filed by Hanna and Michael Everett in the federal court of the Eastern District of Kentucky, describes the situation as “a parent’s worst nightmare.”

According to the Richmond-based parents, their daughter, Piper, was a “happy, healthy” infant before they started using the ByHeart Infant formula. They were persuaded by advertisements claiming it was the “highest quality” and “most nutritious” option, prompting them to purchase several cans through Amazon.

The Everetts’ legal complaint states, “The plaintiffs chose ByHeart, Inc.’s infant formula because it was marketed as a cutting-edge, ‘clinically proven,’ and healthier alternative to traditional formulas.” They noted that Piper developed constipation and concerning neurological symptoms shortly after consuming the product. Emergency room doctors diagnosed her with infant botulism, and public health officials later confirmed she was affected by a multistate outbreak linked to ByHeart formula.

Speaking to the Associated Press, Hanna Everett expressed that she had believed ByHeart would be “similar to breast milk” and shared her feelings of helplessness as she witnessed her baby suffer.

“I was like, ‘Oh my god, we need to go to the ER,’” Everett recalled to the AP.

The Everetts said Piper’s condition worsened over time, with her becoming “lethargic” first and developing constipation before exhibiting more “disturbing” neurological symptoms, “including an inability to take a bottle,” their complaint charges. She was taken to Kentucky Children’s Hospital, where her health problems continued.

“[Piper] was admitted to the hospital on November 9, 2025, and her treating physicians soon made a clinical diagnosis of infant botulism and ordered the anti-toxin treatment, which is difficult to produce and extremely scarce,” the complaint alleges. “The antitoxin was flown to Kentucky and successfully administered.”

The Everetts say the Kentucky Department of Public Health launched an investigation and discovered that Piper had consumed a “recalled” batch of ByHeart. Their child is one of at least 15 infants in 12 different states who have been “sickened” by the formula, according to the complaint. At least one other family in Arizona is also suing the company.

“This never should have happened,” Hanna Everett wrote on Facebook this week. “She is now on the upside of this. Most of her team that is taking care of her is happy with her progress. We are still on a feeding tube and waiting for speech/feeding therapy to give their opinion on her status.”

ByHeart did not respond to Law&Crime’s request for comment Thursday.

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