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Markovits Stock DeMarco

Over $2 Billion Recovered For Clients

ByHeart Infant Formula Recall and Infant Botulism Outbreak – Lawsuit Investigation

by Markovits, Stock & DeMarco, LLC | Nov 12, 2025 | Class Action

Free Case Review for Affected Families

Markovits, Stock and DeMarco, LLC, a law firm experienced in complex and class action litigation, is investigating potential claims arising from the nationwide recall of ByHeart Whole Nutrition Infant Formula following a multistate outbreak of suspected and confirmed infant botulism.

Federal health officials have reported at least fifteen hospitalized infants across twelve states after consuming ByHeart powdered infant formula. The company has now issued a voluntary recall of all unexpired cans and single serve sticks while federal agencies continue their investigation.

If your child consumed ByHeart formula and experienced health complications, or if you purchased recalled product, you may be entitled to compensation. Our firm is actively assisting families with documenting injuries, preserving product evidence, and evaluating legal claims.

Who May Have a Claim

  • Families whose infants experienced hospitalization for suspected or confirmed infant botulism
  • Infants with symptoms such as weak feeding, constipation, reduced muscle tone, drooping eyelids, or breathing difficulty
  • Parents who purchased recalled ByHeart formula and incurred economic losses
  • Families who required medical monitoring due to potential exposure

Potential Compensation

  • Medical bills, hospitalization, and future medical monitoring
  • Pain and suffering and emotional distress
  • Costs of replacement nutrition and related expenses
  • Reimbursement for economic loss tied to the recall
  • Long term developmental impacts, if any

What Parents Should Do Now

FIRST AND FOREMOST: Seek immediate medical attention if your infant shows any symptoms of concern. Your child’s health is the absolute priority.

  • Stop using the recalled product immediately. Preserve all cans, packaging, and receipts.
  • Document all symptoms, medical visits, and treatment plans.
  • Follow all medical guidance and seek immediate evaluation for concerning symptoms.
  • Do not provide statements to manufacturers or insurers without legal counsel.

How Our Firm Helps

  • Evaluation of injury, medical harm, and economic loss claims
  • Coordination with pediatric and product safety experts
  • Preservation and analysis of formula evidence
  • Handling all communications with manufacturers and insurers
  • Contingency fee representation — no attorney fee unless we recover compensation

Contact Us for a Free, Confidential Case Review

To discuss your child’s symptoms, rights, or potential compensation related to the ByHeart formula recall, please contact attorney Justin Walker at (513) 651 3700, email [email protected], or submit a Case Evaluation Request through the form below.

Frequently Asked Questions

What is the recall about?

ByHeart recalled all unexpired product from its Whole Nutrition Infant Formula line after multiple infants were hospitalized with suspected or confirmed infant botulism.

Does my infant need severe symptoms to have a claim?

Not necessarily. Claims may exist for medical monitoring, economic losses, and product replacement even without hospitalization.

Do I need to wait for the FDA and CDC to finish their investigation?

No. Evidence should be documented immediately. Claims can proceed while official findings develop.

What if my child consumed the formula but seems fine?

Consult your pediatrician. Botulism may develop gradually and requires prompt attention. Medical evaluation is far more important than legal consultation at this stage.

How long do I have to file?

Time limits vary by state. However, your immediate priority should be your child’s medical care and monitoring. Early legal review can help preserve your rights, but should not distract from medical priorities.

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