Last night I spoke to a family whose child suffered infant botulism after consuming ByHeart formula. The child was hospitalized for weeks, including time in ICU and on a feeding tube, and received live-saving BabyBIG botulism anti-toxin. Medical expenses and lost wages are in well into six figures – actually, nearly $250,000. They also learned

Adriana Zimova, JD, MPA, joined Marler Clark as a Litigation Attorney in October 2025. Adriana earned her JD from Harvard Law School, cum laude, and her MPA in International Development from Harvard Kennedy School.

Following graduation from law school, Adriana joined Cleary Gottlieb Steen & Hamilton LLP in Washington, DC, where she represented multi-national

Arizona 3, California 5, Idaho 1, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 2, North Carolina 2, New Jersey 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2, Wisconsin 1.

The FDA and CDC, in collaboration with the California Department of Public Health (CDPH), Infant Botulism

Full Complaint: https://www.marlerblog.com/files/2025/12/FS-Pls-Original-Complaint.pdf

K.P. was born on July 11, 2025. Plaintiffs began feeding K.P. ByHeart formula on September 30, 2025. 

In hindsight, K.P. started to exhibit symptoms on November 6th, ten days before hospitalization and three days before he stopped consuming ByHeart infant formula.  K.P. was becoming increasingly fussy as well as sleeping during the day.  Over

The FDA has published the following warning:

Consumers worldwide should not use any ByHeart brand infant formula as all ByHeart products are included in this recall.

As we know, as of November 26, 2025, a total of 37 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various

Hello, FDA, CDC and the State of Texas – time to reopen this investigation.

My client, John, died a few days ago. He was a 56-year-old resident of Texas with no underlying illnesses when he developed listeriosis on July 16, 2024. Complications of that infection severely and permanently compromised his cognitive function. His Listeria monocytogenes