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Investigators have found tainted ice cream and kiwi fruit in the Empire State and nearly two dozen other jurisdictions.
The Food and Drug Administration just announced a recall on Zespri Organic Green Kiwifruit, which was sold from June 14 through July 7, due to potential exposure to the listeria monocytogenes. Officials reminded consumers that kiwi lasts in storage for several months. Additionally, listeria may take hours to months for symptoms to arise, depending on the severity of the form of bacteria.
Real Kosher has stopped producing the ice cream until the FDA finishes its investigation. The company, which also sells frozen fruit, pizza, and flatbreads, said this week its other products are still safe to consume. No deaths have been reported linked to the ice cream.
“Our highest priority is the safety and well-being of our customers, which is why we have made the decision to recall all Soft Serve on the Go Cups,” the company said in its recall notice. “Soft Serve on the Go Cups are manufactured at their own dedicated facility. No other products are affected by this recall.”
Bacteria-Based Recalls
Big Food companies usually react quickly when the Food and Drug Administration or another federal regulator suggests the recall of tainted lots of consumer products.
First, we stress the fact that the FDA cannot unilaterally recall dangerous food products, except in limited situations. Even if the government does recall a dangerous product, the recall doesn’t compensate victims.
Most times the factory, and not the food, is usually the contamination source. Additionally, note that the companies in the above stories didn’t recall all fruit or ice cream. They only recalled specific lots. Other contaminated food from these dirty factories may still be available at your local supermarket.
Listeriosis and Pre-Existing Conditions
This illness, and most other bacterial infections, often aren’t serious unless the consumer is pregnant, immunocompromised, or over 65. In these cases, listeriosis can be deadly.
Roughly 15 percent of pregnant women develop asymptomatic bacteriuria, which is Medspeak for a bacterial infection without physical symptoms. Additionally, the risk can begin at conception and women may not know they’re pregnant and don’t know their babies are at risk.
Infections that don’t harm healthy, full-grown adults are often fatal to tiny unborn babies. Additionally, infections lead to complications such as BV (bacterial vaginosis), pyelonephritis (kidney disease), and premature labor.
Quite simply, immunocompromised individuals have weak immune systems. Furthermore, immunocompromised individuals are often resistant to most antibiotics. Only strong antibiotics which may have strong side-effects, such as vancomycin, are an option in these cases.
People over 65 are vulnerable to serious bacterial infections for several reasons. Primarily, their immune systems don’t respond quickly to aggressive infections. Moreover, their bodies heal more slowly, they have fewer immune cells in the body to bring about healing, and their immune systems cannot properly detect and correct cell defects.
Insurance companies cannot use these pre-existing conditions, or any other pre-existing condition, to reduce or deny compensation. An experienced personal injury lawyer can still obtain maximum compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Your Claim for Damages
A bacterial infection in a food product is usually a manufacturing defect. Generally, companies are strictly liable for the injuries their defective products cause. Fault or negligence, like partially recalling a dangerous food or tolerating unsanitary conditions at a production facility, is only relevant to the of damages.
In addition to the compensatory damages mentioned above, substantial punitive damages are often available in defective product claims. Large punitive damage awards encourage companies to put safety first, both in the products they sell and how they’re made.
Out-of-state holding companies are often financially responsible for damages, even if a manager or worker caused the problem. Therefore, these cases are quite complex. Only the most experienced personal injury attorneys should handle them.
For a free consultation with an experienced personal injury attorney, contact Napoli Shkolnik. We accept cases nationwide and only ever recover a fee when we win your case.