ByHeart, a baby nutrition company, has voluntarily recalled five batches of its Whole Nutrition Infant Formula, Milk Based Powder with Iron for 0-12 Months in 24 oz containers. The formula has been recalled due to potential for cross-contamination with Cronobacter sakazakii. Here’s what you need to know about the recall, and potential legal options if your child is sickened by a tainted product.
ByHeart formula recall details
The recalled batches were distributed to the United States, and can be identified by batch number at the bottom of the can. All recalled batches have a use by date of 01 JAN 24 or 01 JUL 24. The following batch numbers are affected:
- 22273 C1
- 22276 C1
- 22277 C1
- 22278 C1
- 22280 C1
The Cronobacter bacteria can cause severe infections like sepsis, or meningitis, which is an inflammation of the membranes protecting the brain and spine. Parents should watch their children for symptoms like jaundice, grunting breaths, abnormal movements, poor feeding, irritability and temperature changes. The bacteria may also cause bowel damage, and can spread through the bloodstream.
Fortunately, no products have tested positive at this time, and the company has not received any complaints of illness. They are recalling the product out of an abundance of caution, because their third-party packaging facility reported a positive Cronobacter infection.
If you have formula from one of the recalled batches, ByHeart will cover the cost of the next two cans of alternate formula, and will also send their next two cans of the formula for free. However, if your child is showing symptoms, take them to the doctor immediately.
Products liability and recalled products
Manufacturers have a responsibility to create products which are safe for their intended use. When someone is harmed by a defective product—defective in design, manufacturing or warnings—the company can be held liable. The plaintiff must establish a clear link between the defective product and their injuries or illness, in order to receive compensation.
In some cases, like widespread recalls, products liability cases can be class action lawsuits. Members of the class—the parties injured by the defective product—can opt in or out. If they opt to be a part of the class, they forego their right to file an individual suit, but will be entitled to a share of any compensation ordered by the court.
If you believe you’ve been harmed by a defective or recalled product, call the Law Offices of Tim Misny today.
Discuss your case with an Ohio products liability lawyer
The Law Offices of Tim Misny can help you with your products liability claim. If you or a loved one were injured due to a defective product, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.