A 4-month-old baby in Kentucky was diagnosed with a “infant botulism” infection, which resulted in her pupils not dilating and a loss of her gag reflex after consuming a “cutting-edge” and “clinically proven” formula that was “laced with dangerous bacteria,” according to a complaint.
“This case arises from a parent’s worst nightmare,” according to a legal complaint filed on Wednesday in federal court in the Eastern District of Kentucky by Hanna and Michael Everett.
The Richmond couple says their daughter, Piper, was a “happy, healthy” baby until they started feeding her ByHeart Infant formula. They felt ByHeart made the “highest quality” and “most nutritious” formula available after seeing commercials claiming so. This prompted them to purchase several cans on Amazon.
“Plaintiffs purchased defendant ByHeart, Inc.’s infant formula because it promised to be a cutting-edge, ‘clinically proven,’ healthier alternative to traditional formula,” according to the family’s lawsuit. “Piper experienced constipation and scary neurological problems shortly after taking the mixture. Plaintiffs brought [Piper] to the emergency department, where doctors diagnosed him with newborn botulism. Public health officials eventually determined that she was part of a multistate outbreak caused by the ByHeart formula.
Hanna Everett told the Associated Press that she believed ByHeart would be “similar to breast milk.” She stated she felt helpless while watching her child suffer.
“I was like, ‘Oh my God, we need to go to the ER,'” Everett told the Associated Press.
The Everetts said Piper’s condition deteriorated over time, with her first getting “lethargic” and then experiencing constipation before exhibiting further “disturbing” neurological symptoms, “including an inability to take a bottle,” according to their lawsuit. She was transported to Kentucky Children’s Hospital, where her medical issues persisted.
“[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,” according to the complaint. “The antitoxin was flown to Kentucky and successfully administered.”
The Everetts claim that the Kentucky Department of Public Health conducted an inquiry and discovered that Piper had taken a “recalled” batch of ByHeart. According to the complaint, their child is one of at least 15 children “sickened” by the formula across 12 states. At least one other family in Arizona is suing the corporation.
“This never should have happened,” Hanna Everett posted on Facebook this week. “She is now on the positive side of this. Most of her care team is pleased with her progress. We are still on a feeding tube and waiting for speech/feeding therapy to determine her status.”
