--- title: "Marler Clark, The Food Safety Law Firm, Files First Infant Formula Botulism Case" date: 2025-11-12T16:46:00-08:00 author: Julie Dueck canonical_url: "https://marlerclark.com/news_events/marler-clark-the-food-safety-law-firm-files-first-infant-formula-botulism-case-byheart-brand-linked-to-outbreak-that-sickened-15-in-12-states" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # Marler Clark, The Food Safety Law Firm, Files First Infant Formula Botulism Case ![](https://holistic-kudu.transforms.svdcdn.com/production/297517d7001271197a7aa3cef8f134f2dc5927198490d5c72713692a5f5.webp?w=640&h=359&auto=compress%2Cformat&fit=crop&dm=1762994516&s=265f293739ea180a6184f7fc9ca32f5e) Bainbridge Island, WA – A lawsuit was filed today in court on behalf of Stephen and Yurany Dexter, parents of E.D.( a minor), against ByHeart, Inc. The Dexter’s are represented by Marler Clark, The Food Safety Law Firm and O’Steen, MacLeod & Combs PLC of Phoenix, Arizona. The case was filed in the United States District Court in the District of Arizona. **[Case filing # 2:25-at-99911](https://marlerclark.filev.io/r/s/30e2bVzbLab6vpgPAXHfxELI4MOombgG4meYs4TvFfGOxBsgETLx4bnw "https://marlerclark.filev.io/r/s/30e2bVzbLab6vpgPAXHfxELI4MOombgG4meYs4TvFfGOxBsgETLx4bnw")** The Dexter’s infant, E.D., was born on July 5th, 2025 and introduced to ByHeart baby formula as a supplement to breast milk. On August 21, 2025, E.D. began to experience stomach discomfort and gas, steadily decreasing her intake until after a week, despite seeming hungry, she refused to eat. Over the next several days, her parents attempted to feed her by syringe which was unsuccessful as she was unable to swallow. Seeking medical attention, the Dexter’s rushed her to Phoenix Children’s Hospital and were informed that since botulism was so rare, a diagnosis of muscular dystrophy was more likely. E.D.’s symptoms worsened and she could not suck, swallow, smile, hold her head up, move her limbs normally, or cry with normal strength. Her cry was faint and weak. The Dexter’s feared E.D. might die or might never recover fully. Their infant was treated with BabyBIG antitoxin, and began occupational, physical and speech therapy. Several weeks later the Dexters brought E.D. home from the hospital with an IV feeding tube where she is still recovering and experiencing digestive and strength issues. The long-term effects of *Botulism* are not known for E.D., but after this trauma she has developed separation anxiety and requires constant contact with her caregivers. **Outbreak Facts and Public Health Actions** As of November 10, 2025, 15 infants with suspected or confirmed infant *Botulism* were identified by health officials from 12 states: Arizona 1, California 2, Illinois 2, Kentucky 1, Minnesota 1, North Carolina 1, New Jersey 1, Oregon 1, Pennsylvania 1, Rhode Island 1, Texas 2 and Washington 1. Illness onset for 14 of these cases started on August 9 to November 10, 2025. All 15 infants were fed ByHeart Whole Nutrition Powdered formula before getting sick. All 15 were hospitalized and treated with BabyBIG, an anti-toxin for botulism. The FDA and CDC, in collaboration with state and local partners, are investigating this multi-state outbreak of infant *Botulism*. Lab results reported by the California Department of Public Health suggest the presence of bacteria that produce botulism toxin in an open can of ByHeart infant formula that was fed to a baby with who developed botulism. Additional testing is underway, and results are expected in the coming weeks. The FDA has been in contact with ByHeart and has requested a recall expansion to include **all** ByHeart infant formulas on the market. On November 11, 2025, [ByHeart expanded its recall](https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/byheart-broadens-voluntary-recall-while-investigation-continues "https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/byheart-broadens-voluntary-recall-while-investigation-continues") to include all ByHeart formula nationwide, including cans and single-serve sticks. **Symptoms of Botulism in Infants** If your infant is experiencing any of these symptoms, please seek immediate medical attention. • Constipation: Often the first sign, with stools that may become less frequent and harder. • Weakness: A general lethargy or decreased muscle tone (hypotonia), often described as “floppy baby syndrome.” • Poor Feeding: Difficulty feeding or sucking. • Cranial Nerve Dysfunction: This can lead to symptoms such as: Weak cry or inadequate vocalization. Difficulty swallowing. Drooping eyelids or poor eye movement. • Respiratory Problems: In severe cases, difficulty breathing due to muscle weakness can occur. • Weakness in Movement: Reduced ability to move arms and legs. • Irritability or unusual crying. **Champion of Food Safety** [William "Bill" Marler](https://marlerclark.com/lawyers/william-marler "https://marlerclark.com/lawyers/william-marler") has been a food safety lawyer and advocate since the 1993 Jack-in-the-Box E. coli Outbreak which was chronicled in the book, "Poisoned" and in the recent [Emmy Award winning Netflix documentary](https://marlerclark.com/news_events/marler-clark-profiled-in-the-netflix-documentary-poisoned "https://marlerclark.com/news_events/marler-clark-profiled-in-the-netflix-documentary-poisoned") by the same name. Bill work has been profiled in the New Yorker, "[A Bug in the System;"](https://www.newyorker.com/magazine/2015/02/02/bug-system "https://www.newyorker.com/magazine/2015/02/02/bug-system") the Seattle Times, "[30 years after the deadly E. coli outbreak, A Seattle attorney still fights for food safety;](https://www.seattletimes.com/pacific-nw-magazine/30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety/ "https://www.seattletimes.com/pacific-nw-magazine/30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety/")" the Washington Post, ["He helped make burgers safer, Now he is fighting food poisoning again;"](https://www.washingtonpost.com/national/he-helped-make-burgers-safer-now-hes-fighting-food-poisoning-again/2020/01/18/5b979cf8-38ad-11ea-9541-9107303481a4_story.html "https://www.washingtonpost.com/national/he-helped-make-burgers-safer-now-hes-fighting-food-poisoning-again/2020/01/18/5b979cf8-38ad-11ea-9541-9107303481a4_story.html") and several others. Bill Marler practices at, [Marler Clark, The Food Safety Law Firm](https://marlerclark.com/ "https://marlerclark.com/"), which is the nation’s leading law firm representing victims of botulism outbreaks. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Bill has litigated botulism cases stemming from outbreaks traced to carrot juice, pesto, cheese and chili. **For all media inquiries, please contact Julie Dueck at [jdueck@marlerclark.com](mailto:jdueck@marlerclark.com "mailto:jdueck@marlerclark.com") or by phone at 206-930-4220.** ### Other Botulism Lawsuits [By Heart Infant Formula tied to Botulism Outbreak spikes to 51](https://marlerclark.com/by-heart-infant-formula-tied-to-botulism-outbreak) [Botulism Outbreak at Valley Oak Food and Fuel](https://marlerclark.com/botulism-outbreak-at-valley-oak-food-and-fuel) [Marler Clark Files Two Botulism Lawsuits](https://marlerclark.com/marler-clark-files-two-botulism-lawsuits) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### Get Help #### Affected by an outbreak or recall? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [What is Botulism?](https://marlerclark.com/foodborne-illnesses/botulism/what-is-botulism) Botulism is a life-threatening paralytic illness caused by neurotoxins produced by an anaerobic, gram-positive, spore-forming bacterium—Clostridium botulinum. Botulism is a rare disease and only affects a few hundred persons each... ###### [Epidemiology and Microbiology of Botulism](https://marlerclark.com/foodborne-illnesses/botulism/epidemiology-and-microbiology-of-botulism) C. botulinum bacteria and spores are widely distributed in nature because they are indigenous to soils and waters. They occur in both cultivated and forest soils, bottom sediment of streams... ###### [Symptoms of Botulism](https://marlerclark.com/foodborne-illnesses/botulism/symptoms-of-botulism) After their ingestion, botulinum neurotoxins are absorbed primarily in the duodenum and jejunum, pass into the bloodstream, and travel to synapses in the nervous system. There, the neurotoxins cause flaccid... ###### [Detection and Treatment of Botulism](https://marlerclark.com/foodborne-illnesses/botulism/detection-and-treatment-of-botulism) Although botulism can be diagnosed based on clinical symptoms, distinguishing it from other diseases is often difficult, especially in the absence of other known persons affected by the condition. Common... ###### [Botulism Outcomes and Long-Term and Permanent Injury](https://marlerclark.com/foodborne-illnesses/botulism/botulism-outcomes-and-long-term-and-permanent-injury) In the past 50 years, mortality from botulism has fallen dramatically (from about 50% to 8%) because of advances in supportive care, which is the mainstay of treatment. The respiratory... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)