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According to a recent FDA announcement, Walmart sold almost 600 cases of Clio Snacks that may have been contaminated with listeria between March 5th and 8th of 2023. Walmart shipped these products to locations in California, Florida, Georgia, and Washington, while Trader Joe’s and Costco sold frozen fruit tainted with Hepatitis A in Alaska, Idaho, Montana, Oregon, Utah, and Washington.
There have been 5 reported illnesses and 2 of those have been admitted to the hospital per the Center for Disease Control. According to the FDA, if someone suspects that they may have consumed an affected product, they should get a Hepatitis A vaccination within two weeks of consumption.
Foodborne Illness
Listeria and hepatitis are very common foodborne infections. Listeriosis (listeria infections) symptoms often include fever, flu-like symptoms, and headaches. These victims may also experience mild neurological symptoms, like confusion, loss of muscle coordination, and even seizures.
In some cases, these symptoms, could be life-threatening or even fatal. Listeriosis has a rather high fatality rate, especially if the infection spreads. Since the initial symptoms are so mild, many people don’t even stay home from work or school if they have fever or headaches, let alone go to the doctor.
Sadly, a doctor visit might not do much good. When people come in with mild symptoms, doctors usually don’t test for foodborne infections. If such medical malpractice causes injury, a personal injury attorney must usually file a legal action against the doctor or hospital.
Serious injury and fatality rates skyrocket if a victim has a pre-existing condition. Frequently, infection during pregnancy leads to miscarriage, stillbirth, or premature delivery. Diarrhea and vomiting dehydrates mothers when they need all the fluids they can handle.
Additionally, listeria can permanently harm a baby’s vulnerable body, causing lifelong health problems including intellectual disability, paralysis, seizures, blindness, or problems with the brain, kidneys, or heart. Listeriosis also can cause death in newborns.
Hepatitis A, or liver inflammation, is the milder form of this disease which usually isn’t life-threatening, unless the victim has a pre-existing condition. Because of the eggshell skull rule, these victims are usually entitled to maximum compensation. Insurance companies and other defendants cannot use a victim’s vulnerabilities as an excuse to reduce or deny compensation.
FDA Recalls
A personal injury attorney may be able to obtain compensation, which usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Product recalls from the Food and Drug Administration or other government watchdogs keep these infractions from spreading, but they usually do nothing to compensate victims. Incidentally, the phrase FDA recall is inaccurate. This agency doesn’t have the power to unilaterally recall dangerous products; it can publicly pressure companies to issue recalls, but that’s about it.
In these situations, a lawsuit serves a dual purpose: it both compensates victims and holds the companies responsible for the dangerous products on its shelves.
Your Claim for Damages
Listeria and hepatitis infections often strike quickly. Unfortunately, most of the time, the legal claims process following these infections, which almost always ends in an out-of-court settlement, often isn’t nearly as quick.
Fortunately, that’s not always the case. Many times, informal settlement negotiations resolve these cases. Oftentimes, however, these companies drag their feet. Delays and breakdowns in the settlement negotiation process often prompt judges to appoint professional mediators.
Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney, contact Napoli Shkolnik today.