Pierce County family files suit against baby-formula maker in botulism case
AI-generated summary reviewed by our newsroom.
- Pierce County parents sued ByHeart in U.S. federal court over infant botulism.
- Lawsuits have been filed in multiple states amid a national formula recall.
- CDC and local health teams investigate U.S. cases; 31 reported so far.
A lawsuit has been filed in a recent Pierce County botulism case blamed on tainted baby formula at the center of a national recall.
Madison and Tyler Wescott of Eatonville, represented by attorneys with Marler Clark of Bainbridge Island, filed the suit Nov. 19 against Delaware-based ByHeart Inc. in U.S. District Court Western District of Washington.
According to the filing, the Wescotts are the parents of an infant who was diagnosed this month with infant botulism. The infant’s illness resulted in a hospitalization over several days before the child was released Nov. 19.
The family seeks damages for an amount to be determined at trial.
The case is among several filed against the baby-formula maker as a result of a nationwide infant botulism outbreak. Since Nov. 11, lawsuits against ByHeart have also been filed in California, Arizona, Kentucky and New York, according to an online case search of U.S. District Courts.
William Marler, lead attorney in the Washington state case, said in an emailed statement to The News Tribune that he has been hired “by over a dozen families whose kids are part of this outbreak.”
He stated that he’s also been asked to investigate other infant botulism cases from earlier 2025, where ByHeart also was consumed.
“My fear is that we will see these numbers go up,” Marler added.
Marler also represented customers affected in the Frugals listeria outbreak in 2023.
ByHeart did not immediately respond Nov. 19 to a request for comment on the case.
A statement posted on its website said, “We started this company to give parents confidence in what they feed their babies. So knowing that the past few days have caused confusion and fear for many of you has been heartbreaking, and we are so sorry.”
The U.S. Centers for Disease Control and Prevention also has information posted online with updates as new cases are reported.
Infant’s symptoms and eventual hospital diagnosis
The Washington state case describes the infant, born in September, beginning to receive ByHeart formula for feeding in October.
The filing states that in early November, the parents “observed significant changes” in the baby’s behavior and health.
“She experienced difficulty feeding, frequently choking and spilling milk from her mouth, suffered from chronic constipation that required suppositories, and exhibited extreme fatigue, often sleeping for 10-hour stretches without waking,” the filing stated.
Further complications arose, and on her two-month birthday on Nov. 13, the baby was taken to an ER.
“Plaintiffs had become aware of the ByHeart infant formula recall through a notice from Target regarding the formula they had purchased,” the filing stated.
The medical team, after contacting the Centers for Disease Control and Prevention and the local health department, determined the baby “required treatment for botulism and admitted her to the pediatric unit,” the filing stated.
Testing later confirmed “a positive result for botulism,” it added.
After several days of treatment, the infant was released from the hospital Nov. 19.
On Nov. 14, The News Tribune reported that health officials were urging parents to immediately stop using ByHeart Whole Nutrition Infant Formula after multiple infant botulism cases were reported nationwide, including the Pierce County case.
As of Nov. 19, the outbreak includes 31 infants with suspected or confirmed infant botulism from 15 states, including two infants in Washington. The first case in Washington state was reported Nov. 12 in Lewis County.
No deaths have been reported.
Previous reporting from The News Tribune contributed to this report.
This story was originally published November 19, 2025 at 3:21 PM.
