December 5, 2025 — A lawsuit has been filed in Texas by the parents of a baby who was diagnosed with botulism after eating ByHeart Infant Formula.

The lawsuit was filed by the parents of a boy identified only as “K.P.,” who was born in July 2025 and began to exhibit symptoms of botulism on November 6, when he was about 4 months old.

His symptoms began about 10 days before he was hospitalized. By November 16, he seemed “floppy,” and was taken to the hospital ER.

After his parents told doctors that he had been eating ByHeart Whole Nutrition Infant Formula, he was transferred to Texas Children’s Hospital. His symptoms worsened and he was intubated for 3 days.

He was given the botulism antitoxin, BabyBIG®, which was flown in from California. On November 25, he was released, but is “still weak and recovering,” according to the lawsuit.

Most children recover, but his parents said they are constantly worried about long-term injuries, calling it “the most stressful and painful thing I have ever endured.”

The lawsuit was filed against ByHeart Inc. on December 1, 2025 in the U.S. District Court for the Southern District of Texas — Case 3:25-cv-00391.

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Collen A. Clark

Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged.

“Collen’s amazing success in the courtroom and well known dedication to his clients has earned him the recognition of his peers as one of The Top Trial Lawyers in Texas.”

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