Baby gets infection from formula 'laced' with bacteria: Suit

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 troubling case has emerged in Kentucky involving a four-month-old infant who developed a condition known as “infant botulism.” This severe diagnosis followed the consumption of a supposedly “cutting-edge” and “clinically proven” baby formula that was reportedly contaminated with harmful bacteria, according to a recently filed lawsuit.

The legal action, initiated by Hanna and Michael Everett, was brought to the federal court in the Eastern District of Kentucky. The couple describes the situation as a “parent’s worst nightmare” in their complaint, highlighting the distress and concern they have faced.

Residing in Richmond, the Everetts recall their daughter Piper as a content and healthy baby prior to introducing her to ByHeart Infant formula. Drawn in by advertisements boasting the formula’s “highest quality” and superior nutritional value, they purchased several cans from Amazon, trusting it to be the best choice for their child.

The complaint details how they chose ByHeart’s formula based on its promises of being a groundbreaking, “clinically proven” option that was healthier than conventional formulas. However, shortly after Piper began consuming it, she started experiencing constipation and unsettling neurological symptoms. This led to an emergency room visit where doctors diagnosed her with infant botulism. Subsequent investigations by public health officials linked her case to a larger outbreak across multiple states, attributed to ByHeart formula.

In an interview with the Associated Press, Hanna Everett expressed her dismay, stating that she had hoped the formula would closely mimic breast milk. She recounted the helplessness she felt watching her daughter suffer, recounting her alarm when she decided they needed immediate medical attention.

“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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