by gturnercontentcustoms | Jun 14, 2024 | Defective Products

Imagine glancing at the news only to see a headline about a food recall for a product you regularly use in your household. Few things can be more unsettling than discovering that you’ve unknowingly exposed your loved ones to a product that is now being pulled from shelves. What steps can you take in such a predicament?

Food recalls are a crucial element of food safety. They are designed to safeguard unsuspecting consumers against potential health risks that can arise from contaminated or unsafe products. Recently, a notable recall involved baby formula. This highlights the essence of understanding the recall process and the steps to take if you or a loved one has consumed a recalled product and been poisoned as a result.

What is a food recall?

A food recall is initiated by a company or by pertinent regulatory bodies to remove an unsafe food product from the market. Health concerns can arise when researchers find various contaminants in the product. A food product can be termed as contaminated if:

• It contains bacteria or foreign objects
• The packaging has undeclared allergens
• its production wasn’t hygienic

Food recalls are necessary to help prevent further consumer harm and mitigate the risk of illness or injury. The recent recall of baby formula followed the discovery of Cronobacter sakazakii in the products. This is a bacteria that can cause severe infections in infants.

Steps to take if you’ve consumed a recalled product

When you discover that you have a recalled food product in your household, the initial alarm can throw you into an anxiety frenzy. But before you panic, countercheck the recall notice to ascertain that your family has been, in fact, consuming the contaminated product.

If you have the recalled product, you should stop using it immediately. Consider calling extended family members and friends who you might think were using the product to confirm that they know about the recall. You should then follow the disposal procedures outlined with the recall to safely discard the product from your home.

If you’ve been harmed so significantly that you’ve incurred medical bills, you may be eligible for compensation. And suppose your family, unfortunately, has lost a loved one because of a recalled product; you may be eligible to pursue a wrongful death claim. With the help of a reliable legal team, you can hold the negligent company accountable for exposing you to a contaminated food product.

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by gturnercontentcustoms | Nov 16, 2023 | Defective Products

Gift-giving is common around the holidays. People also give gifts to their loved ones to commemorate birthdays or special events like graduation. Gift-giving can be as exciting for the person who purchased the present as it is for the party receiving the gift.

Usually, the priority is purchasing something that will excite and amuse the recipient. People either purchase something a recipient has specifically asked for or something that is very popular. Unfortunately, in recent years, some of the most popular gifts have also been among the most dangerous. Those thinking about purchasing gifts that facilitate transportation, in particular, may need to educate themselves about recalls and defective products over the last few years because of the degree of risk involved before committing to a particular gift choice for a loved one.

E-bikes, e-scooters and hoverboards are dangerous

People ranging from adults with a youthful streak to those not yet old enough for a driver’s license are often interested in electric transportation devices. Micro-mobility products allow people to travel more quickly than they could on their own feet or on a basic small vehicle powered by the human body. These may include e-bikes and e-scooters.

These devices can reach much higher speeds than self-propelled scooters and bicycles. They allow even those with limited physical fitness to travel long distances, all without handling fuel. Hoverboards are a similar option with fewer transportation uses but more demand among young adults because of how entertaining they can be.

Unfortunately, any device with wiring and batteries comes with a certain degree of risk. In recent years, there have been multiple different recalls that occurred because of e-bikes, e-scooters and hoverboards. In 2022 alone, there were at least 19 reported deaths related to fires caused by e-bikes, e-scooters and hoverboards. Another 22 people required hospitalization due to burn injuries.

Issues with the wiring or the batteries on micro-mobility products can result in serious fires. There have been at least 208 separate instances in which these devices overheat to a dangerous point or burst into flames. Often, these incidents occur during charging, not active use. There are cases going back to 2017 involving serious fires, injuries and deaths.

Gift givers may need to look into recalls carefully, especially if buying used products. Ultimately, recognizing the possible risks created by defective products can take some of the risk out of giving gifts on special occasions.

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by gturnercontentcustoms | Apr 17, 2023 | Defective Products

Motor vehicles are among the most safety-critical tools and equipment that people use on a daily basis. Anything major that goes wrong with a vehicle could lead to a potentially deadly collision. Consumers, especially those purchasing new vehicles, naturally expect that the expensive machinery that they pay thousands of dollars to purchase will be safe for them to operate.

Unfortunately, as there are so many moving pieces in a motor vehicle, there are many opportunities for defects and other issues to go unnoticed during the manufacturing process. Sometimes, despite all of the redundant safety checks in place, vehicles with defective components or poorly-designed systems still make it to the sales floor.

When defects affect public safety, dangerous vehicles end up getting recalled. Sometimes, recalls relate to relatively minor issues. Other times, a motor vehicle recall is indicative of a problem that could potentially cost someone their life. A recent Honda recall related to frame issues falls into the second category, as a compromised frame could mean that a vehicle fails to protect its occupants during a crash.

What triggered the Honda recall?

There are 563,711 Honda CR-Vs in the United States that could have corroded frames. Any vehicles operated in the so-called “salt belt states” that see frequent ice and snow accumulation could have developed corrosion issues due to the chemical exposure. The splash up toward the frame when driving through puddles and slush that contain the snow melt salt could lead to rust and a compromised frame.

CR-Vs built between 2007 and 2011 are part of the recall, although Honda estimates that only about 1% of the vehicles will actually have any frame corrosion issues. So far, there have not been any fatalities or major injuries reported related to the corrosion issues.

While motorists in Texas might assume that corrosion would not be an issue for them, used vehicles frequently travel across state lines. If someone doesn’t know where the previous owners of their vehicle lived, then their CR-V could potentially have rust damage that would make it unsafe to drive. Those that present their vehicles as instructed by Honda in letters that should come out in May of 2023 will be able to obtain repairs or replacements for their vehicles.

Any time that manufacturers release unsafe products to the public, the potential exists for people to suffer significant injuries and financial losses as a result of these oversights and failures. Pursuing a product defect claim with the assistance of an experienced legal professional may be a viable option for those who have been harmed because of a poorly-designed or defective motor vehicle.

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by gturnercontentcustoms | Feb 24, 2023 | Defective Products

Parents with young children have felt the pressure created by the baby formula recall for more than a year now. Many households depend on formula for an infant’s nutrition.

Parents trust the companies that make formula with their babies’ lives, as the formula may be the sole source of nutrition for a child. Unfortunately, contamination with Cronobacter sakazakii and Salmonella newport bacteria at one of the biggest infant formula companies in the country initially led to a massive recall, followed by waves of formula shortages.

Parents have been left in a very difficult position, sometimes traveling long distances just to find a few containers of specialty formula for their medically-vulnerable children. Now, the Department of Justice has started exploring the possibility of criminal prosecution related to the formula contamination. What might that prosecution mean for families?

Criminal convictions bolster civil cases

Bringing a lawsuit against a business in civil court requires that plaintiffs show that the actions or negligence on the part of the business directly caused harm. With the infant formula recall, a family’s case would likely hinge on the medical records of the child affected by the contaminated formula. Even then, lawyers for the defense could try to raise questions about other potential sources of that bacterial contamination.

If the federal government determines that criminal activity contributed to the contamination and recall, professionals at the organization may face prosecution, or the company may face large fines. If the government prosecutes executives or safety workers for the tragic oversights that have led to multiple illnesses and infant deaths, those criminal cases will have a direct impact on the affected families.

The evidence used in criminal court can potentially help build a family’s civil claim. The direct responsibility of the organization will also be much harder to deny or downplay when there has been criminal prosecution related to the incident.

The courts can help those struggling with lifetime losses

Losing a family member or having a child struggle with long-term health issues because of contaminated baby food could mean a lifetime of expenses and trauma for a family. Taking the company responsible for the situation to civil court could result in considerable, justified compensation for those harmed by recent infant formula contamination and the recalls that resulted from it.

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by punith.s@thomsonreuters.com | Jan 23, 2023 | Defective Products

Supply chain interruptions were problematic enough, but the closure of a production facility for baby formula by Abbott Laboratories in Michigan last year started a chain reaction that caused nationwide shortages in 2022.

Initially, the information about “contaminated” baby food formula, including Similac and other big-name products, indicated that there were some contaminated products that were causing bacterial infections in infants. The truth, according to federal investigators, is much, much worse.

Why is Abbott Laboratories under a federal microscope?

Officials say that what they found at the plant in Michigan wasn’t just some ordinary mistake that led to contamination but part of a cluster of problems.

When officials from the U.S. Food and Drug Administration inspected, they found equipment that was outdated and damaged ,employees who failed to wash their hands, standing water in parts of the plant and signs that this wasn’t the first time a bacterial contamination had happened.

Indeed, agency officials were tipped off about problems at the plant back in late 2021, after a whistleblower alleged that the facility wasn’t clean and that the company had purposefully falsified records to keep the FDA off their back.

It’s important to note that manufacturers are always liable when manufacturing defects, like a bacterial contamination in a product that’s meant for human consumption, cause harm. That is probably why Abbott Laboratories initially tried to deny any connection between at least two infant deaths and numerous hospitalizations and its products.

The new criminal probe shows that the federal government doesn’t think the allegations are without merit. It also adds a new dimension to the culpability of the company for its actions.

The nationwide formula shortage has eased – partially because Abbott Laboratories and the FDA reached an agreement that allowed the Michigan plant to resume production. However, the nightmare for the parents of infants who were injured or killed by the contaminated product is far from over. If your child was injured by contaminated formula, it’s wise to find out more.

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by | Dec 22, 2022 | Defective Products

For a surprisingly long time now, retail establishments have had a hard time keeping infant formula in stock, which has made parents and many professional care providers quite nervous. This necessary product serves as an alternative to breast milk produced by the mother and is often the only source of nutrition available to newborn infants.

Unfortunately, the reason behind the shortage is just as frightening as the inability to get food for a newborn baby. There have been multiple cases of severe infections in young children related to contaminated formula. As a result, there have been a series of formula recalls related to Cronobacter sakazakii contamination.

What impact might contaminated formula with Cronobacter sakazakii present have on an infant?

Babies have an adverse reaction to Cronobacter sakazakii

Some kinds of bacteria have a beneficial effect on the human body and can aid in digestion. Others, like Cronobacter sakazakii, largely disrupt the body’s homeostasis and can cause severe damage. Cronobacter sakazakii tends to affect the body in one of two ways.

Some babies will develop meningitis due to consuming Cronobacter sakazakii. The membranes that protect their brain and spinal cord will swell. Other infants will struggle with a blood infection.

Both those that have a systemic infection in their blood and those with meningitis-like symptoms will likely require hospitalization.

It could take days or possibly weeks to stabilize an infant depending on their age and prior health before the infection. There have been infant fatalities related to this infection, as roughly one in five babies that develop meningitis-like symptoms will die as a result. Even for the infants that survive, their hospitalization can also disrupt physical and social development, as separation from caregivers at a young age has a strong association with developmental delays and other health issues.

Affected families have legal rights

Companies that release food and drug products to the public, especially those intended for consumption by the most vulnerable among us, like infants, must engage inadequate safety testing to ensure that the products they released to the public won’t put consumers at risk.

Families harmed due to formula contaminated with Cronobacter sakazakii may have grounds for a lawsuit against the manufacturer involved. Such claims can help cover medical expenses and also lost wages not earned by parents who had to care for a child instead of going to work. Taking action related to recent infant formula recalls can benefit those harmed by negligent business practices.

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by gturnercontentcustoms | Oct 31, 2022 | Defective Products

Could your baby’s infant formula be spoiled?

That’s the question a lot of parents need to be asking themselves right now, given that Abbott Nutrition has issued a new recall of certain formula products.

Complaints about the company’s safety standards have been mounting over the years, and a massive recall of contaminated formula early in 2022 contributed to a nationwide shortage. This latest issue draws more attention than ever to the idea that the company puts profits ahead of people.

What is in the latest Similac recall?

Abbott Labs is making a voluntary recall of certain Ready-to-Feed formula lots that were manufactured in Columbus, Ohio (not Michigan, the source of the previous recall this year). Affected lot numbers are listed on the company’s site, but the recall includes:

• Similac NeoSure
• Similac Special Care 24
• Similac 360 Total Care
• Similac 360 Total Care Sensitive
• Similac Pro-Total Comfort
• Pedialyte Electrolyte Solution

All of the recalls involve 2 fl.oz./59 ml bottles. According to the recall notice, the issue is that it’s possible that some of the bottles may not have been properly sealed. That means air can leak into the product, leading to spoilage – and that can ultimately make a baby very sick.

The company warns that a child who consumes any spoiled products would likely develop gastrointestinal symptoms, like diarrhea, nausea and vomiting, which clues parents in on what to look for if they’re worried their child may have already ingested some of the defective formula.

While the company spokesperson took great pains to point out that less than 1% of the bottles in the recall might actually have faulty seals and that the recalled lots as a whole represented “less than one day’s worth of the total infant formula fed in the U.S.,” that kind of mitigating language doesn’t mean much when your child ends up sick.

If defective infant formula led to your child’s injury, it may be time to learn more about your legal options.

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by adarsh.mp@thomsonreuters.com | Aug 31, 2022 | Defective Products

New parents have to put a lot of faith in others to provide for their children. Families have to trust the medical workers assisting in labor and delivery. They also have to rely on businesses that produce products for infants and young children.

Mothers who plan to go back to work after their recovery will require formula to feed their children. The same is true of mothers who are unable to provide breast milk because of a medical condition or whose breast milk is not safe for their child’s consumption. New parents have struggled in recent months because of a widespread formula recall that has led to a shortage.

Our firm has been on the forefront of advocating for those affected by this recall.

What happened to the baby formula that caused a recall?

Roughly 20% of all of the infant formula produced in the United States comes from a large facility in Sturgis, Michigan, including several kinds of specialty formula for babies with specific nutritional needs.

After decades of operations, that facility recently had major contamination issues. Inspectors working for the Food and Drug Administration (FDA) found records indicating the facility had issues with Chronobacter sakazakii bacteria. This inspection coincided with reports of infants hospitalized due to an infection caused by the strain of bacteria. The situation involves massive failures of company oversight, mandatory reporting and regulation.

Several months later, there were two fatalities and multiple infants hospitalized. One of the most tragic reports comes out of Texas, where a mother has started fighting back. Jane Hernandez has spoken publicly about the effect of the infection on her son while still acting to protect his privacy.

She started him on formula, which she assumed would be safe. However, he was terrifyingly ill within a week of his birth. He developed meningitis, encephalitis and inflammation in his kidneys. The hospital has informed the family that he has brain damage on the right hemisphere, but they do not know yet what the impact will be. The 8-month-old boy may have a long recovery ahead of him.

His mother has since filed a lawsuit against the company that produced the formula, and other parents may eventually join that lawsuit. They may receive compensation for the medical costs their family occurred and other losses directly related to the unsafe formula that their babies received. You can listen to facts surrounding her story and others who have been impacted by contaminated baby formula through this podcast or read the article from Bloomberg highlighting the details of this tragic recall and the impact it’s had on infants and their families.

Consumer goods aimed at infants should meet high safety standards

Parents shouldn’t have to fear that basic products intended to promote the health and well-being of their children will endanger their lives. Families also shouldn’t have to absorb the costs of medical consequences following a product-related illness or injury.

Those affected by this tragic formula contamination circumstance may be in a position to follow Jane Hernandez’s lead. Her decision to speak out may raise awareness and prompt more people to hold companies accountable for putting profits ahead of consumer safety. Our firm has filed a lawsuit on her behalf and will continue advocating for her and others affected by this tragic situation.

Identifying who is actually to blame for a tragic family situation will make it easier for you to pursue justice in the civil courts, such as when contaminated infant formula affects the health of your newest and most vulnerable family member.

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by gturnercontentcustoms | Jul 14, 2022 | Defective Products

The baby formula recall that has been a prominent part of 2022 has resulted in the U.S. Food and Drug Administration facing frustration from anxious parents and individuals throughout the country. The U.S. FDA is in charge of “protecting the public health” of people in the U.S., but the way it handled the 2022 baby formula recall has led to many people and agencies becoming frustrated with it. Consumer groups have been pushing for the reorganization of the agency to make sure future recalls are handled more efficiently.

According to Food Safety Network, there are people who would like to see the “food” part of the Food and Drug Administration moved into its own department. Separating the agency, some believe, would make sure that responses to claims about foods being dangerous or deadly could be investigated more quickly.

Since the Abbott baby formula recall in mid-February 2022, action has been taken. Despite that, slow response times and regulatory errors could have led to irreversible damage.

The shortage of formula may be coming to an end

Fortunately, the recall did go into effect, and the shortage in formula it caused may soon be over with. Abbott reported on July 9 that it would be reopening its Michigan plant, allowing more formula to enter the market.

Abbott, prior to the recall, used to hold around 40% of the baby formula market, which is why the recall of so many batches of formula caused a nationwide shortage. The company had started up again in early June, but it was shut down once again when heavy flooding and rains affected the region.

As a parent, this kind of trouble with one of few food sources for infants reliant on formula is upsetting. If your child was made ill by the formula or you struggled to find a replacement, you may also be among those hoping to see a reorganization of the FDA and hoping for a resolution to help in the future.

Remember, if your child was ill or passed away because of the formula, you may be able to take legal action. This situation was extreme, and the company may be able to be held responsible.

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by sushmitha.p@thomsonreuters.com | Jun 13, 2022 | Defective Products

Over the last few years, many of the normal activities in the United States were put on hold due to fears about spreading illnesses. People found themselves working with skeleton crews, moving to remote work and handling reviews and inspections from afar.

U.S. regulators typically inspect baby formula plants annually, but with everything going on, many manufacturers had not had a solid inspection since 2020. When they started to go back to work, they discovered that Abbott Nutrition’s formula plant in Michigan wasn’t up to the standard expected. There was standing water, which can be a breeding ground for disease, and the sanitation procedures weren’t as good as they should have been.

Inspectors took action, right? Well, not exactly. They made suggestions to help the company fix the issues, but there wasn’t any kind of formal warning for the location being in disrepair.

It was only around five months later when infants started getting bacterial infections later linked to contamination within the factory.

Is the U.S. Food and Drug Administration at fault?

Of course, it is up to manufacturing facilities to stay within the federal safety and sanitation guidelines, with or without an inspection. However, the FDA should have had safety inspectors at the facility annually even with everything else happening in the country. Routine inspections did not happen, and three major companies, Abbott, Gerber and Reckitt, went as long as 2.5 years between reviews.

While there is no guarantee that extra inspections would have prevented the formula crisis, it is certainly one possibility. Those inspections could have, potentially, prevented some of the illnesses, injuries and deaths that occurred.

You have rights if your child was injured due to bad formula

As a parent, you expect that baby food and formula is going to be made to the highest standard. There is no acceptable reason for it to have bad bacteria or contents that make your child sick.

If your child was injured because of bad baby formula, you may be able to make a claim. The investigations into these products are ongoing, but you can start putting together your case now.

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by sushmitha.p@thomsonreuters.com | May 6, 2022 | Defective Products

Nationwide, there is a baby formula shortage. This shortage is frustrating, because many babies need supplemental formula and nutritional support. Since it’s getting harder to find formula, many parents have needed to spend more time and money on the formulas they need.

What’s causing such a significant shortage? Supply chain issues have been named as part of the problem, but the bigger issue is that there was a major baby formula recall in January 2022. There was a second recall in February by Abbott Nutrition. In that case, there were multiple reports of illness among babies who had consumed the powdered formula products.

The U.S. Food and Drug Administration later reported that Abbott Nutrition’s facility in Sturgis, Michigan, was found to be unsanitary and that consumers should not use any of the recalled baby formula.

Hoarding adds an additional strain on the formula supply

A third variable that has made it more difficult for parents to get formula is outright hoarding of the formula supply. Parents have been asked to keep up to a two-week supply at formula at home but not to hoard formula.

What should parents do if they have recalled baby formula?

Parents who used the recalled formulas, some of which include lots of EleCare, Alimentum and Similac with expiration dates of April 1, 2022 and beyond, should stop using the products immediately. If their children are showing signs of lethargy, fever, vomiting or other abnormal issues, then it’s necessary to call their pediatrician or take them to the emergency room as soon as possible.

Parents have been told to switch to generic versions of the formulas or other options rather than risking the use of the abovementioned formulas.

If you fed your baby one of the above formulas and they became ill or passed away from it, it’s important for you to learn more about your legal options. With such a major infant formula recall, it is reasonable to look into making a claim against the manufacturer for hospital bills, pain and suffering, and other financial losses that you may have as a result of the unsanitary food items that were produced.

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by sushmitha.p@thomsonreuters.com | Apr 11, 2022 | Defective Products

The availability of powdered infant formula has truly been a life-saving revolution. Despite the desire to do so, some women find themselves unable to produce sufficient breast milk for their babies. Some mothers die in childbirth and therefore cannot feed their children.

There are also many women who choose formula so that they can return to work or avoid the demands of breastfeeding, which is a perfectly reasonable decision for a mother to make. Whether by choice or through medical necessity, some parents require powdered formula to feed their newborn children. Adequate nutrition from any safe source is crucial for development in the earliest months of life.

Unfortunately, it is currently difficult to find formula, especially from certain brands. A recent recall is the cause of the supply chain disruption that has left parents scrambling frantically for safe formula.

The reason for the recall

Infants do not have the robust and well-developed immune systems of adults and older children. They do receive some immunity from their mothers, but they are quite susceptible to illnesses in their first months of life.

Infant formula should be a clean and healthy way for a child to receive nutrition. Unfortunately, inadequate hygiene practices at a manufacturing facility have sickened children and even resulted in death. In March 2022, issues regarding unclean facilities lead to a massive recall of three of the biggest brand names in infant formula.

Simila, Alimentum and EleCare, all manufactured in Michigan by Abbott Nutrition, were all part of an infant formula recall started with multiple infant illnesses. Bacterial infections resulting from improper sanitation at the production facility have resulted in multiple children needing medical care and at least one death related to Cronobacter sakazakii. Now, months after the initial recall, parents around the country are still desperate to find infant formula.

Families have rights when products aren’t safe

Parents should be able to trust that the companies producing formula for infants make sure that their facilities are clean and their products are safe. Those affected by the formula recall, either directly because their child consumed contaminated formula or secondarily because their child contracted an illness from a child who used contaminated formula may have legal rights.

Holding manufacturers accountable for putting out dangerous products, like recalled infant formula, can compensate families affected by those dangerous products.

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by sushmitha.p@thomsonreuters.com | Mar 10, 2022 | Defective Products

When you give your child formula, you want to be sure that it is safe for them. This food may be all they can eat safely or what is recommended due to colic or other issues.

Unfortunately, there are times when formula isn’t safe and has to be recalled. Sadly, getting to the point of a recall means that many infants may become sick or even die from exposure to dangerous bacteria or substances.

A voluntary recall of Abbott products

On March 10, 2022, news reports indicated that Abbott, a manufacturing company, had decided to voluntarily recall specific lots of its baby formulas including Similac, Alimentum, EleCare and Similac PM 60/40. The products, all powdered formulas, are all made in the manufacturing facility located in Sturgis, Michigan, and have been a part of two different recalls.

The recalls were issued after customers complained that their infants had been made sick after consuming these formulas. They alleged that both cronobacter sakazakii and salmonella Newport were indicated in those cases.

Two infant deaths are currently under investigation and may be linked to the recalls, but the causes of those infections haven’t yet been proven. However, there was evidence of cronobacter sakazakii in the plant in areas where it would not come into contact with the product, according to Abbott’s website. So far, no products have tested positive for either bacteria.

What should you do if your child shows signs of illness?

If your child uses these formulas or others, it’s important for you to watch for symptoms of illness. Symptoms of salmonella poisoning may include:

• Lethargy
• Rashes
• Blood in the urine or stool
• High fevers
• Aches
• Headaches
• Abdominal cramps
• Diarrhea

Any time a young child is sick, it’s important to reach out to their pediatrician to discuss the options for addressing the illness. If food poisoning, either through salmonella or other bacteria, is suspected, it may be important to get the child to a hospital for monitoring and treatment. While these issues rarely lead to complications, it is possible for infections to lead to death in some cases. If your child is injured, then you may be able to pursue a claim against the company for failing to meet the appropriate product standards.

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by sushmitha.p@thomsonreuters.com | Mar 2, 2022 | Defective Products

Babies and infants are among the most vulnerable members of our society. Accordingly, you might expect baby formula manufacturers would take extra precautions to protect them. Sadly, this isn’t always the case.

Bad formula can lead to serious illnesses and personal tragedies, and the recent news of one girl’s suffering should serve as a warning. According to WVLT in Knoxville, the infant girl suffered a urinary tract infection, seizures, vomiting and diarrhea. Doctors told her parents the cause was likely her baby formula. The formula was from a batch the manufacturer had recalled.

What should parents know about the baby formula recall?

The U.S. Food and Drug Administration (FDA) is investigating reports linked to three popular baby formulas:

• Similac
• Alimentum
• EleCare

The manufacturer of these products, Abbott, has issued a recall of all the products it believes may have been affected. These all come from the company’s plant in Sturgis, Michigan.

Abbott says it has tested for the presence of two different forms of harmful bacteria, Cronobacter sakazakii and Salmonella. The company claims it found no traces of either bacteria in its product samples or in the parts of their plant where they work on the product. However, the FDA’s investigators have noted potential problems with the manufacturing process, and they found records of previous contamination.

You can check whether your baby formula was from the recalled batch by checking online. Abbott has created a website where you can enter the lot number of your formula to see if it’s included in the recall.

What can parents do if their children have been affected?

If your child shows any symptoms, the first thing to do is get medical treatment. You want to watch for symptoms associated with a bacterial infection. These include:

• Poor feeding
• Fever
• Jaundice
• Grunting breaths
• Rash
• Bloody urine or bowel movements

These can be the early warning signs of a potentially serious infection. At this time, at least one infant has died, and parents in several states have already filed complaints that the FDA is investigating. These include Minnesota, Ohio and Texas.

Can I hold the manufacturer responsible for my child’s infection?

If your child has been infected, you may also have a legal case. Manufacturers, distributors and vendors must take reasonable steps to ensure that their products are safe.

At Dilley Law Firm, we are already representing a client in Texas, and we encourage you to speak with an attorney before you contact Abbott. The manufacturer has posted a toll-free number for parents to call, but we have seen too many parents and clients sign away their rights to full compensation in exchange for hasty settlements.

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by punith.s@thomsonreuters.com | Feb 23, 2022 | Defective Products

The death of an infant and illnesses of three others have led global health care company Abbott Laboratories to recall a number of its dried baby formula products. The news has alarmed parents worldwide.

The U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention have teamed to investigate the tainted infant formula claims. So far, infants in Minnesota, Ohio and Texas fell ill with bacterial infections after using the products made by the Illinois-based company’s Abbott Nutrition division.

One infant died

The U.S. infants were treated for the bacterial infections cronobacter sakazakii (3) and salmonella newport (1). The FDA reported that one infant may have died from cronobacter, a rare illness that is often fatal among infants. Cronobacter bacteria may lead to severe blood infections such as sepsis as well as meningitis.

The recalled products, which included powder formulas Similac, Alimentum and EleCare, came from an Abbott facility in Sturgis, Michigan. Abbott said it discovered evidence of cronobacter in its non-product areas at the Michigan plant. The FDA confirmed that environmental samples taken from the plant tested positive for cronobacter.

The company issued its product recall on Feb. 17.

Cronobacter and salmonella

Here are some important facts to know about these infections:

• Cronobacter: Its symptoms include fever, low energy and seizures. Surviving infants may have lifelong brain-related health problems. The symptoms of sepsis and meningitis include temperature changes, jaundice and abnormal movements.
• Salmonella: These bacteria may lead to gastrointestinal illnesses and severe fever. Symptoms include fever, diarrhea and abdominal cramps.

These symptoms can lead to serious illnesses.

Get a legal advocate

If you suspect that your infant was harmed by contaminated baby formula, promptly seek medical attention. At the same time, you wonder just how this hazardous situation could have happened. This also is the time to seek support, including from an experienced legal advocate who has a background in product liability cases. You need an ally who will help you stand up to these large corporations that fail the consumer.

View our law firm on a recent news segment discussing the baby formula recall and what steps we are taking to protect families who have been harmed.

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by punith.s@thomsonreuters.com | Jul 6, 2021 | Defective Products

If you drive a Nissan, then it’s time to make sure your vehicle isn’t part of a recall. The summer is a time when you might let your teenager drive or take your kids to more appointments and events, but a faulty vehicle could put you all at risk of injury or death.

Nissan is recalling two model years of the Sentra, 2020 and 2021. The company reports that the vehicle may make it difficult to steer because of a dangerous defect.

138,738 Nissan Sentra models in recall

According to the automaker, 138,738 Sentras are being recalled due to a problem with the vehicles’ tie rods. The tie rods, which may have bent due to a manufacturing problem, could break and make it difficult or impossible for drivers to maintain control over their vehicles.

What can owners watch out for?

Nissan has stated that drivers may notice the steering wheel vibrates more than usual or is no longer center-oriented. If the steering wheel appears to be off-center, then there is a higher potential for this defect to impact the vehicle.

Nissan will send notifications out to all people with 2020 or 2021 Sentras. However, the company has said it won’t be officially sending notices until August 5, so drivers need to pay close attention to their vehicles in the meantime. In August, it’s expected that dealers will be able to handle inspections and any necessary repairs.

What can you do if you’re involved in a crash due to a broken tie rod?

It is terrifying to know that you and your family have been put at risk because of a manufacturing error. If you drive one of these vehicles and end up getting into a crash because you lose control of your vehicle, then you may be able to hold the manufacturer and others responsible for any pain or losses you suffer.

Vehicles are supposed to be built to the highest standards. When defects make them dangerous to drive, your life may be put on hold or, even worse, at risk. If you do crash, know your rights and make sure to look into making a claim for an auto defect.

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by sushmitha.p@thomsonreuters.com | Oct 27, 2020 | Defective Products

If you purchase products for your new baby, you probably do a lot of research first. You want to find products of that are safe and reliable. Sadly, even if you purchase brand-name products from major retailers, the danger of product failure due to defective components or inadequate testing looms large.

There are dozens of infant-related product recalls every year, and many only happen once a baby gets hurt. Imagine strapping in your baby into a carrier so that they could stay close to your body, only to have a buckle crack, resulting in your baby falling. That is one of dozens of potentially fatal product failures that have resulted in baby-related recalls just in 2020.

Companies taking a product off the shelf will be cold comfort for those who have to care for an injured infant or who lose a beloved child because of a defective product.

Companies ship out defective products all the time

Sometimes, the defect in an infant product stems from its design. It could have small pieces that a baby could potentially snap off and put in their mouth, presenting a choking hazard. Companies need to make sure everything they make for use around infants is actually baby-proof.

It’s also possible that the issue is not faulty design but rather issues with production. Receiving substandard components could leave the product at risk of breaking or failing, while inadequate testing in manufacturing facilities may not catch defective parts before the items go out to consumers or retail facilities.

When consumers or regulatory agencies discover defects, the company can either voluntarily recall items or sometimes gets forced into a recall if the danger is serious. Those who suffer injuries and losses prior to the recall may have the right to take action against the manufacturer or, in certain cases, the retailer.

Parents deserve to trust the products they buy for their babies

New parents are typically willing to spend exorbitant amounts of money on their most recent addition to the family. Companies need to remember that their desire to profit off of that caregiving and shopping impulse in parents should be secondary to producing something that is safe for families to use with a baby.

Taking legal action against manufacturers who turn out faulty infant and toddler products is one way to help motivate businesses to put the safety of consumers ahead of massive profits.

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by Dilley Law Firm | Mar 14, 2019 | Defective Products

Consumers in Texas who use laptops may be impacted by a recent recall of these devices’ batteries by the company HP. According to officials, HP recently discovered that tens of thousands of its laptop batteries are, in fact, defective products that may cause harm to consumers. Specifically, more than 78,000 batteries are being recalled.

However, this is not the first time that HP has recalled laptop batteries. The company previously recalled around 50,000 lithium-ion batteries back in January for the same reason. According to the company, the batteries can easily overheat and thus catch fire.

Since its first recall, HP reported that it has gotten eight brand-new reports about battery packs that are overheating, charring or melting. One of the defective battery packs caused a relatively minor injury. Meanwhile, two other battery packs reportedly caused property damage that totaled over $1,000. Authorized technicians can replace consumers’ battery packs for free if they happen to have defective ones.

Sometimes, the manufacturers of products end up producing defective products that end up causing consumers to suffer grave injuries. If these injuries are severe enough, they can cause not only physical pain but also financial pain in the form of lost wages and medical bills, for example. However, those who suffer such losses have the right to file product liability claims against the product makers, seeking the reimbursement of damages in Texas. Although a monetary award cannot undo the events leading to an injury stemming from the use of a defective product, it may help the consumer to experience a sense of justice in the ordeal.

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by Dilley Law Firm | Oct 25, 2018 | Defective Products

The owners of Toyota or Honda automobiles in Texas may be impacted by recent recalls of these carmakers’ motor vehicles. The recalls involve hundreds of thousands of automobiles worldwide. Officials reported that the defective products have issues involving either their air bags or their camera software.

Concerning Toyota, more than 180,000 cars, sport utility vehicles and pickup trucks across the globe — but mostly in North America — are being recalled because their air bags might not inflate during a collision. The recall includes 2019 and 2018 Sequoia sport utility vehicles and Tundra pickups along with Avalon sedans from the 2019 model year. Apparently, the computer that controls the air bag may erroneously identify a fault after the automobile has started. As a result, the air bag might not deploy during a collision.

Regarding Honda, more than 230,000 Honda Accords from the 2018 model year are being recalled along with Insight hybrid motor vehicles from the 2019 model year. Authorities said that these cars’ software for their rear camera displays is malfunctioning. Specifically, the displays do not show images correctly when drivers shift their automobiles into rear, which can pose an accident hazard.

Sometimes, car manufacturers produce motor vehicles that are dangerous for consumers to use. Unfortunately, even if they recall these defective products, customers in Texas may have already suffered injuries while using them. Fortunately, in these situations, the injured customers have the right to file product liability claims against the carmakers, seeking damages. Monetary compensation might help them to cover their medical bills and other losses stemming from the use of the defective automobiles.

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by Dilley Law Firm | Aug 16, 2018 | Defective Products

People who live with life-threatening allergies are typically accustomed to carefully checking the nutrition labels on all their food. Unfortunately, reading a label is not enough when food manufacturers mess up. Food items that are incorrectly labeled are not only defective products that can surprise some consumers, they can also be deadly to some people in Texas.

Almond Breeze is a popular brand of almond milk, which is a common alternative for people with milk allergies or who are lactose intolerant. Consumers trust the brand to provide a safe product. However, it recently recalled 145,254 containers of its vanilla-flavored almond milk that was contaminated with cow milk.

The affected milk was shipped to 28 different states, including Texas. The recall might be effective at getting the half-gallon cartons off store shelves and out of warehouses, but there is no guarantee that consumers who have already purchased the item will realize what is going on in time. The company claims that only one person has reported an allergic reaction, and that it was not severe enough to require hospitalization. This does not necessarily mean that no one else experienced an allergic reaction.

Nutrition labels are for more than just calorie counts, and the information provided in the ingredients list can be the difference between life and death for people with allergies. When defective products that do not include full ingredient lists hit the market, Texas consumers are at risk for serious injury and even death. Products liability claims are typically the best option for victims who need to seek compensation related to their injuries.

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