ByHeart Formula Lawsuit | 2025 Latest Updates

If you or a loved one experienced complications due to ByHeart Formula, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective consumer products.

Our experienced legal team is here to guide you through the process and fight for the justice you deserve.

Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

ByHeart Formula Lawsuit Overview

The ByHeart Formula lawsuit centers on contamination concerns in multiple batches of infant formula.

ByHeart is recalling 5 batches of its ByHeart Infant Formula because it may be contaminated with Cronobacter sakazakii, a rare bacterium that causes a potentially fatal infection of the bloodstream and central nervous system.

This recall was initiated after one test sample collected from ByHeart’s third-party packaging facility tested positive for Cronobacter sakazakii.

The affected product is ByHeart Whole Nutrition Infant Formula, Milk Based Powder with Iron for 0-12 Months in 24 oz containers [1]. 

According to the U.S. Food and Drug Administration (FDA), Cronobacter bacteria can cause severe, life-threatening infections (sepsis) or meningitis (an inflammation of the membranes that protect the brain and spine) in infants, creating significant health risks for babies who consume the contaminated formula.

“Cronobacter bacteria can cause severe, life-threatening infections (sepsis) or meningitis (an inflammation of the membranes that protect the brain and spine). Symptoms of sepsis and meningitis may include poor feeding, irritability, temperature changes, jaundice (yellow skin and whites of the eyes), grunting breaths and abnormal movements. Cronobacter infection may also cause bowel damage and may spread through the blood to other parts of the body.”- U.S. Food and Drug Administration (FDA)

Latest ByHeart Formula Lawsuit Updates

• July 31, 2024 – The Products Liability Litigation Group at Schmidt & Clark, LLP law firm is actively accepting new lawsuits nationwide. The firm is handling individual litigation across all 50 states for families whose infants may have been injured by ByHeart Infant Formula.
• December 11, 2022 – ByHeart initiated a recall of five batches of its infant formula due to potential Cronobacter sakazakii contamination. The recall affects specific batches identified by the numbers 22273 C1, 22276 C1, 22277 C1, 22278 C1, and 22280 C1 printed with use by dates of either 01 JAN 24 or 01JUL 24.

Reports and Statistics on ByHeart Formula

Cronobacter infections are rare but can be potentially deadly in babies, particularly for those most vulnerable:

• According to the CDC, fewer than 5 cases of Cronobacter infections are reported annually in the United States [1].
• This figure may not reflect the actual number of illnesses as most hospitals are not required to report Cronobacter infections to health departments.
• Infants younger than 2 months, premature infants, and those with compromised immune systems face the highest risk.

The specific contamination incident leading to the ByHeart recall involves [2]:

• 5 recalled batches: 22273 C1, 22276 C1, 22277 C1, 22278 C1, and 22280 C1.
• One positive test sample from ByHeart’s third-party packaging facility.
• No confirmed cases of illness linked to the recalled product as of the latest available information.

It’s worth noting that while Cronobacter infections are rare, they are extremely serious when they occur. If left untreated, a Cronobacter infection can lead to dangerous bloodstream infections (sepsis) or inflammation of the brain and spinal cord membranes (meningitis).

ByHeart Formula Risks & Safety Concerns

ByHeart Formula contaminated with Cronobacter sakazakii poses serious health risks to infants. The FDA has outlined several significant concerns regarding this contamination.

• Severe Infections: Cronobacter bacteria can cause life-threatening bloodstream infections (sepsis) or meningitis, particularly dangerous for newborns
• Digestive System Damage: Infections may cause bowel damage and can spread through the blood to other parts of the body
• Neurological Complications: Meningitis resulting from Cronobacter can lead to severe neurological impairments or death
• High-Risk Demographics: Certain infants face elevated risks, including those under 2 months old, premature babies, and those with compromised immune systems

Symptoms of Cronobacter infection that parents should watch for include:

• Poor feeding
• Irritability
• Temperature changes
• Jaundice (yellow skin and whites of the eyes)
• Grunting breaths
• Abnormal movements
• Seizures
• Fever
• Excessive crying
• Very low energy

Do You Qualify for a ByHeart Formula Lawsuit?

You may qualify for a ByHeart Formula lawsuit if:

• Your baby consumed ByHeart Infant Formula from one of the recalled batches (22273 C1, 22276 C1, 22277 C1, 22278 C1, or 22280 C1).
• Your child developed symptoms consistent with Cronobacter infection after consuming the formula.
• Your baby required medical treatment for infections potentially linked to contaminated formula.
• You have documentation connecting your child’s illness to ByHeart Formula consumption.

The Product Liability Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focus on the representation of plaintiffs in ByHeart Baby Formula Lawsuits.

They are handling individual litigation nationwide and currently accepting new lawsuits in all 50 states.

Evidence Required for a ByHeart Formula Lawsuit

To build a strong case, you should collect and preserve the following evidence:

• Purchase Records: Receipts, order confirmations, or bank statements showing purchase of ByHeart Formula.
• Product Packaging: The product container showing batch numbers (22273 C1, 22276 C1, 22277 C1, 22278 C1, or 22280 C1).
• Medical Records: Documentation of your baby’s symptoms, diagnoses, treatments, and hospital stays.
• Testing Results: Any laboratory tests confirming bacterial infection.
• Pediatrician Statements: Professional medical opinions linking the illness to formula consumption.
• Documentation of Damages: Bills, receipts, and other financial records related to medical care.

Damages You Can Recover

In a successful ByHeart Formula lawsuit, you may be entitled to compensation for:

• Medical expenses for treatments, hospitalizations, and ongoing care.
• Lost wages due to time taken off work to care for your ill child.
• Pain and suffering for both the infant and family members.
• Emotional distress related to your child’s illness.
• Punitive damages if applicable, depending on the impact of the contaminated formula on your child’s health.

ByHeart Formula Recall Information

The recalled product is ByHeart Whole Nutrition Infant Formula, Milk Based Powder with Iron for 0-12 Months in 24 oz containers, according to the Recall Notice issued by the U.S. Food and Drug Administration (FDA).

Recall Details:

• Product: ByHeart Whole Nutrition Infant Formula, Milk Based Powder with Iron for 0-12 Months
• Container Size: 24 oz
• Affected Batch Numbers: 22273 C1, 22276 C1, 22277 C1, 22278 C1, and 22280 C1
• Use By Dates: 01 JAN 24 or 01JUL 24
• Recall Date: December 11, 2022
• Reason: Potential contamination with Cronobacter sakazakii

If you purchased any baby formula affected by this recall, you should:

1. Immediately discontinue use
2. Return it to the point of purchase for a refund
3. Contact your healthcare provider immediately if your baby shows any symptoms of infection
4. Call 9-1-1 in case of emergency

Statute of Limitations for ByHeart Formula Lawsuits

Consumers typically have a limited time, known as the statute of limitations, to file a lawsuit related to ByHeart Formula contamination issues.

These time limits vary by state but generally range from one to several years from discovering the issue.

It’s important to note that for cases involving infants, many states have special provisions that may extend the filing deadline until after the child reaches the age of majority.

However, it’s still advisable to consult with an attorney as soon as possible to ensure all deadlines are met.

The statute of limitations can be affected by several factors:

• The state where you live
• When the injury occurred
• When you discovered the connection between the injury and the product
• Whether the affected individual is a minor

Related Articles:

• Enfamil Baby Formula Lawsuit
• Similac Baby Formula Case
• Neocate Baby Formula Lawsuit

FAQs

1. What Legal Procedures Are Involved in Pursuing a ByHeart Formula Lawsuit?

Legal procedures that are involved in pursuing a ByHeart formula lawsuit, include filing a complaint, gathering evidence, participating in discovery, attending hearings, and potentially going to trial. Each step is crucial for building and presenting a strong case.

2. What should I do if my baby consumed recalled ByHeart Formula?

If your baby consumed recalled formula but shows no symptoms, monitor them closely. If any symptoms develop, contact your healthcare provider immediately. Keep the product packaging and receipt as evidence.

3. Can I join a class action lawsuit against ByHeart?

While no specific class action is mentioned in the provided information, products liability cases sometimes evolve into class actions. An attorney can advise whether an individual lawsuit or joining others is more appropriate for your situation.

4. Will my case go to trial?

Most product liability cases settle before trial, but each case is unique. Your attorney will advise whether settlement negotiations or proceeding to trial is the best strategy based on your specific circumstances.

5. What if my child was exposed to recalled formula but didn’t get sick?

If your child was exposed to recalled formula but didn’t get sick, you may qualify for certain types of compensation related to medical monitoring or anxiety. Consult with an attorney to understand your options.

6. How do I know if my baby’s symptoms are related to contaminated formula?

To know if my baby’s symptoms are related to the contaminated formula you must seek a medical professional’s diagnosis. If your baby shows symptoms like fever, poor feeding, or unusual irritability after consuming recalled formula, seek immediate medical attention.

7. How common are Cronobacter infections from infant formula?

Cronobacter infections from infant formula are rare, with fewer than 5 cases reported annually to the CDC. However, the actual number may be higher as reporting is not mandatory for all healthcare facilities.

8. How do I start a ByHeart Formula lawsuit?

To start a ByHeart Formula lawsuit you should contact an experienced product liability attorney like those at Schmidt & Clark, LLP for a free case evaluation. They can assess your situation, explain your legal options, and guide you through the process of filing a claim if appropriate.

See all related product liability lawsuits our attorneys covered so far.

Get Your Free ByHeart Formula Lawsuit Evaluation From Our Lawyers

Time is limited to pursue legal action. Statute of limitations laws may restrict how long victims have to file claims.

Our services at Schmidt & Clark, LLP  include:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

If your baby or other loved one was injured by ByHeart Infant Formula, you should contact our law firm immediately. You may be entitled to compensation by filing a claim and our lawyers can help.

References:

1. https://www.cdc.gov/cronobacter/about/index.html#:~:text=Quick%20facts,only%20states%20that%20required%20reporting.
2. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/byheart-issues-voluntary-recall-five-batches-its-infant-formula-because-possible-health-risk#:~:text=Recalled%20product%20batches%20are%2022273,protect%20the%20brain%20and%20spine).