ByHeart Recall
New Jersey Product Liability Lawyers
Legal Representation for NJ Families
New Jersey law allows families seeking information about illnesses reported among infants who consumed ByHeart Whole Nutrition Infant Formula to explore legal options through a product liability claim. The U.S. Food & Drug Administration (FDA) and the Centers for Disease Control & Prevention (CDC) are actively investigating a multistate outbreak of infant botulism in which ByHeart formula consumption has been reported among affected infants. In an investigation of this scope, clear, reliable information about any recall activity and potential next steps are essential.
Eichen Crutchlow Zaslow is a trusted New Jersey personal injury law firm that provides guidance in matters involving products under federal investigation. We review cases, explain available legal options, and evaluate whether a claim may be appropriate based on the circumstances and available evidence. We’ve taken on big businesses, powerful organizations, and some of the toughest product liability cases New Jersey has ever seen, and won.
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Have a ByHeart Formula Product Liability Case?
Here's What You Need to Know
What is Considered a Product Liability Case in New Jersey?
New Jersey law allows families to pursue a product liability claim if a defective or dangerous product allegedly causes harm. If an infant’s illness or injury may be linked to recalled ByHeart formula, manufacturers and distributors can be held legally responsible for the harm their product caused.
Not every incident will qualify for a product liability case, and these claims depend on verified evidence and the latest federal findings. That’s why it’s important to have an experienced product liability attorney review your situation and determine whether your family has grounds to move forward.
The key elements reviewed in a ByHeart case in New Jersey include:
- The duty of ByHeart to ensure its formula meets all applicable safety requirements, including those established by the FDA.
- The product’s connection to the reported cases under investigation and the need for legal evaluation based on available evidence.
- The documented illness, medical treatment, or hospitalization that may constitute measurable harm under New Jersey product liability law.
What Parents Should Know About Infant Botulism and ByHeart Formula
According to the CDC, infant botulism occurs when Clostridium botulinum spores produce toxins in an infant’s digestive system. Several cases under investigation have involved infants who consumed ByHeart formula, and laboratory confirmation is ongoing for some cases.
According to the CDC, symptoms of infant botulism may include:
- Constipation
- Poor feeding
- Ptosis (drooping eyelid)
- Sluggish pupils
- Flattened facial expression
- Diminished suck and gag reflexes
- Weak and altered cry
- Respiratory difficulty and possibly respiratory arrest
Steps Recommended by the FDA During the Recall:
- Stop using the formula immediately.
- Record and photograph identifying information like the batch number located on the bottom of the packaging.
- Store the product safely and label it DO NOT CONSUME, as state health departments may request the item for testing.
Additionally, according to the CDC, symptoms of infant botulism may not appear for weeks, highlighting the need for continued monitoring after consuming ByHeart Whole Nutrition Infant Formula during the recall period. Infants displaying symptoms consistent with botulism should receive immediate medical care.
Who Can File a ByHeart Infant Botulism Case in New Jersey?
Parents and legal guardians may be eligible to pursue a product liability claim if:
- An infant consumed ByHeart formula during the recall period
- The infant received medical evaluation or treatment for symptoms consistent with botulism
Types of potential compensation in qualifying cases may include:
- Medical expenses
- Hospitalization and treatment costs
- Long-term care needs
- Pain and suffering
- Emotional impact
- Financial losses associated with care
A product liability claim allows families to seek recovery when a consumer product is alleged to have caused or contributed to harm, subject to available evidence and legal standards.
Our award-winning attorneys
Barry Eichen
Shareholder
South Edison native Barry R. Eichen is one of New Jersey’s most seasoned and well-respected trial lawyers. His areas of practice include personal injury, products liability, Federal Employee Liability Act cases, medical malpractice, and other complex litigation matters.
William Crutchlow
Shareholder
William O. Crutchlow’s practice focus is on medical malpractice, product liability, serious personal injury and complex tort matters. Mr. Crutchlow has secured numerous multi-million-dollar recoveries for his clients both at trial and through settlement negotiations.
Daryl Zaslow
Shareholder
Daryl L. Zaslow’s zealous advocacy has been instrumental in achieving significant awards for his clients. He concentrates his practice in various areas of medical malpractice. He also represents victims in wrongful death and significant personal injury cases.
Christopher Conrad
Partner
Robert Banas
Partner
Matthew Eichen
Senior Associate
Hanna Eichen
Associate
Gary Minassian
Associate
Michael Shaw
Associate
Ethan Lillianthal
Associate
Client Testimonial
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New Jersey Deadline to File
Infant injury claims in New Jersey must be filed within specific statutory timelines. Because these time limits vary depending on the details of each case, it is important to obtain legal guidance promptly to ensure all deadlines are met.
Consult Eichen Crutchlow Zaslow for informed legal guidance related to ByHeart formula cases. Accurate information and strong advocacy are important as federal and state investigations continue.