Yardley family is suing an infant formula company after their baby developed botulism

Erica and Micky Goldfin’s two-month-old son wasn’t eating and seemed to be having trouble swallowing. His cries were weak, and his eyelids were droopy.

Within weeks, the Yardley parents were rushing their baby to Children’s Hospital of Philadelphia, where he was admitted June 1 to the intensive care unit and treated for infant botulism, a rare, potentially deadly infection that affects the nervous system and can lead to paralysis, according to court records.

The family is now suing Nara Organics, the maker of the whole milk infant formula they began feeding their son days after his birth in March, and Target, where they bought it. New York-based Nara Organics voluntarily recalled all of its infant formula on June 13, after the U.S. Food and Drug Administration and Centers for Disease Control reported three cases of infant botulism in babies who had consumed Nara formula in Pennsylvania, California and Washington.

In their lawsuit, filed Monday in the U.S. District Court for the Eastern District of Pennsylvania, the family alleges that Nara Organics did not do enough to protect customers after federal regulators cautioned that whole milk powder can carry the bacteria that causes botulism.

“Parents trusted a label that told them this was the safest, most premium thing they could feed their child,” said Bill Marler, a foodborne illness lawyer and a managing partner at Washington-based Marler Clark, who is representing the family.

The Goldfins, who declined an interview through their lawyer, are also represented by Cherry Hill’s Ferrara & Gamble.

Nara Organics did not immediately respond to a request for comment, but said on its website that it had issued the recall “in an abundance of caution,” and that none of their formulas had tested positive for the botulism-causing bacteria C botulinum. Tests are ongoing, according to the lawsuit.

“We believe in taking the strongest possible measure to protect the safety of babies,” the company wrote in its recall. “Your family deserves to have complete confidence in the safety of your baby’s food.”

Target did not immediately respond for a request for comment Monday.

This is the second recent botulism outbreak linked to powdered whole milk infant formula. An infant botulism outbreak associated with ByHeart formula that began in November sickened at least 28 babies.

Infant botulism is caused when babies ingest C botulinum in foods or dust and dirt particles. The bacteria’s spores colonize in the large intestine and release a toxin that affects the nervous system.

Symptoms include changes in facial expressions, such as smiling less; slow feeding; constipation; and low energy.

Untreated, the toxin can spread and cause paralysis, making it hard for babies to breathe and eat.

Infants are at greatest risk of illness because their digestive systems are still developing and less able to fight off infection. Nationally, there were 181 cases of infant botulism in 2021, the most recent year for which CDC data are available.

The Goldfin infant, who was identified only by the initials W.G., spent two nights in the intensive care unit at CHOP, where he was treated with BabyBIG, the botulism antitoxin that is manufactured by the California Department of Public Health and must be flown to hospitals overnight. The medication’s antibodies bind to the toxin and neutralize it, and symptoms improve within 48 hours.

On June 6 he returned home, where he is feeding well again, and regaining movement in his arms and legs. He is receiving weekly physical therapy for head lag and delays in his gross and fine motor skills, according to the lawsuit.