Tennessee Injury Lawyer Blog

Two outbreaks of E-Coli infections swept the nation in the summer months of 2009. One outbreak involved Nestle Toll House refrigerated cookie dough and another involved beef sold by SBS Swift Beef Company. These products were tainted with E-Coli O157:H7. Thankfully, no Tennessee consumers are known to have fallen ill; but, across the nation, over 100 people became sick as a result of consuming these products. It is likely, however, many more infections went unreported.

According to reports by the CDC, most infections resulted from eating raw or undercooked beef or cookie dough. Eating such products raw could limit or void any potential recovery. Facts and circumstances vary from case to case, so don’t assume-away your potential claim. Call an experienced East Tennessee personal injury attorney.

Symptoms of E-Coli poisoning include fever, abdominal cramping, diarrhea, vomiting, bloody stool, urinary tract infections, respiratory illness and pneumonia. If you are experiencing any of these symptoms, contact a medical professional immediately.

Continue reading "Recent E-Coli Outbreaks" »

Last month, the Obama administration announced the launch of its new website, www.foodsafetyworkinggroup.gov, in the wake of the salmonella outbreak associated with products containing peanuts distributed by the Peanut Corporation of America. The new website tracks the efforts of the administration’s efforts to increase detection and awareness of food-borne illnesses causing personal injury in Tennessee and across the United States.

Some recommendations from the May 13, 2009, listening session include increasing funding for local monitoring of food-borne illnesses, integrating the FDA’s and USDA’s food safety efforts, revamping the FDA’s mandatory recall authority, increasing enforcement against retailers, and implementing more aggressive consumer warnings.

The administration’s new efforts may likely lead to greater legal exposure for food sellers. In food products liability cases, for example, it is very difficult to link a food-borne illness to the food that was consumed. With bolder initiatives, such as implementing technologies that can improve sampling of food products for microorganisms, it may be easier to identify the disease-causing food and detect more outbreaks of food-borne pathogens.

Continue reading "Food Safety Working Group May Lead to Increased Detection of Food-Borne Illness Outbreaks" »

According to legislative findings, it is estimated that approximately 2 percent of adults and about 5 percent of infants and young children in the United States suffer from food allergies; and, each year roughly 30,000 people require emergency treatment. Approximately 150 individuals suffer wrongful death each year because of allergic reactions to food. This life-threatening condition is called anaphylaxis.

The Food Allergen Labeling and Consumer Protection Act requires food manufacturers in Tennessee and elsewhere to identify any of the eight major allergens associated with food. The listed food allergens are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. An inaccurate communication about ingredients not actually present in the food may not give rise to liability; however, where an item is sold without proper warning, the manufacturer and/or seller may be liable for damages relating to any illness or injury created by a failure to warn of a defective product in Tennessee.

In fact, this is precisely why McDonald’s got into some trouble in February of 2006 when it admitted on its website that its French fries contained wheat after it had previously posted that its fries were “gluten-free.” After the post, a number of people suffering from celiac disease filed lawsuits for the injuries they sustained allegedly caused by the ingestion of McDonald’s fries.
More relevant to consumers in Tennessee, this week the manufacturer of Le Pain Quotidien’s Noir Belgian Dark Chocolate Spread recalled a number of its 14.15 oz. jars of Noir Belgian Dark Chocolate Spread because the product contains undeclared milk. Some people have allergies to milk and run the risk of a serious life-threatening reaction if they consume it.

If you, or someone you know, has been injured or made ill by a food ingredient that was not properly labeled, you may have an opportunity to seek damages or compensation. Restaurant owners and food manufacturers have a duty to clearly communicate to you any of the major eight food allergens that might be contained in their food product. If they fail to warn you of the food allergen, they are in violation of Tennessee’s product liability statutes. If injured, you should communicate with an experienced Sevierville product liability attorney who has the knowledge and resources to investigate your claim. Call Baker Associates today at 866-853-2888.

On May 21, the United States Department of Agriculture in conjunction with Valley Meats LLC, of Coal Valley, Illinois, recalled approximately ten thousand pounds of ground beef products due to possible E. Coli contamination.

Defective food products in Tennessee made with beef distributed by Valley Meats are warned not to consume the beef products made by these brands:
• 3S Brand
• Grillmaster
• J & B
• Klub
• Thick 'N Savory
• Ultimate Brand

Consumers are advised to visit the Food Safety and Inspection Service website for more information.

Common symptoms of E. Coli sickness include bloody diarrhea and dehydration. This bacteria can cause kidney failure and is often lethal to the very young, seniors and persons with weakened immune systems. If you have recently consumed ground beef and are currently experiencing bloody stool and/or dehydration, consult a physician immediately.

After visiting the doctor and receiving treatment, you may wish to consult with Tennessee's experienced products liability attorney to see about recovering any personal and financial injuries resulting from your E. Coli poisoning.

In Tennessee, producers, processors and distributors of defective products may be liable under a simple negligence theory if there is sufficient evidence showing that they breached a duty recognized by law. Regulations and guidelines governing preparation, packaging, distribution and sale of beef products are often evidence of an applicable duty. In all cases, parties have a duty to exercise ordinary or reasonable care to ensure that their products will not cause foreseeable injury.

Producers, processors and distributors of these defective products in Tennessee may also be liable under the state's product liability statutes. Under this theory of liability, simply put, the plaintiff must demonstrate that the product was defective or unreasonably dangerous at the time it left the control of the alleged negligent party.

If you have been injured due to consumption of a contaminated food product, the skilled Gatlinburg personal injury attorneys in Tennessee at Baker Associates can help you receive compensation for your injuries. Call us at 866-853-2888 today for a free consultation.

On April 30, the FDA and CDC announced a general advisory for consumers not to eat raw alfalfa sprouts sold in stores and served in restaurants. Since mid-March, reports have linked Salmonella serotype Saintpaul contamination with ingestion of these sprouts. Symptoms of salmonella infection include abdominal cramps, nausea, and vomiting. Consumers in Tennessee, particularly young children and the elderly, should avoid eating this contaminated food product until further notice.

Salmonella Saintpaul is a rare strain of salmonella that was linked to the salmonella outbreak of June/July 2008, which made approximately 40 thousand people across the United States sick.

The FDA/CDC investigation indicates that the problem may be linked to contamination of alfalfa seeds. So far, Michigan, Minnesota, Pennsylvania, South Dakota, Utah, and West Virginia have reported 31 cases of the illness. However, this number is likely a small fraction of the total number of actual infections due to under-reporting. The FDA has also linked the current infection to defective seeds discovered earlier this year.

The current contamination raises a likelihood of food products liability. The FDA reports that a likely cause is the failure of sprout growers to appropriately and consistently follow the FDA Sprout Guidance issued in 1999. The guidance recommends an effective seed disinfection treatment immediately before the start of sprouting and regularly testing the water used for every batch of sprouts for salmonella and E coli contamination.

The fact that this is the second round of contamination this year suggests a pattern of negligent conduct on the part of sprout growers.

Residents in Tennessee who have eaten raw alfalfa sprouts within the past few months and fallen seriously ill may have a Knoxville products liability claim for medical bills and lost wages. Call 866-853-2888 today to speak with one of Tennessee’s skilled personal injury attorneys at Baker Associates.

The skilled Tennessee defective products attorneys at Baker Associates are closely monitoring the recent FDA recall of pistachio products believed to be contaminated with a strain of the Salmonella virus. So far, recalls have been issued for over 1 million pounds of products containing pistachios distributed by Setton Pistachio of Terra Bella, Inc. These pistachios were used as ingredients in a variety of foods and were sold in bulk to companies.

Since early March, the list of recalled pistachio products—too long to be reproduced here—has grown daily. Some notable brands include:
• Harry and David
• Archer Farmers (Target’s brand)
• Frito-Lay
• Kroger brand
• Publix
• Sam’s Choice
• Planters
• Deerfield Farms Mediterranean Fruit and Nut (sold at Walgreens)

If your cupboard contains a product containing pistachios from a brand not listed above, be sure to contact the retailer to find out if it is under the recall.

Tennessee salmonella pistachio or nut lawsuits have three basic “elements” of proof:
1. You were in fact infected with salmonella (aka salmonellosis). Salmonellosis is confirmed typically by stool sample.
2. The ingestion of the pistachio product caused the infection. Establishing that ingestion of pistachios caused the infection is important because infection can come from many different sources.
3. You suffered economic and/or personal injury.

If you are experiencing symptoms of Salmonella (such as diarrhea, nausea or abdominal pain), you should consult your doctor. If possible, you should ask your doctor for a stool sample in order to confirm whether you have a Salmonella infection. Remember, your case depends on having been diagnosed with salmonellosis by a healthcare professional.

As soon as you have been diagnosed with a salmonella infection, please call our experienced defective products attorneys in Knoxville toll-free at 866-853-2888.

The legal battle over the recent Salmonella contamination of peanut products is in full swing. In March, a total of seven lawsuits were filed by residents across the nation in the United States District Court, Georgia, against the Peanut Corporation of American (PCA) and the Kellogg Company for injuries sustained as a result of consuming peanut products alleged to have been contaminated with Salmonella.

The complaints allege four theories of liability:
• Strict liability/products liability - Plaintiffs alleged that they suffered injury and damages as a result of a “defective and unreasonably dangerous condition of the adulterated food product” that Defendants manufactured, distributed, and sold.
• Breach of express and implied warranties - Plaintiffs alleged that Defendants are liable for breaching express and implied warranties that the food products were suitable for human consumption.
• Ordinary negligence - Plaintiffs allege that Defendants owed a duty to the Plaintiffs to use reasonable care in their manufacture, distribution, and sale of food products. The Defendants breached this duty by failing to prevent the product from becoming contaminated.
• Negligence per se - Plaintiffs allege that Defendants had a duty to comply with all applicable state and federal regulations intended to ensure the purity and safety of their food product.

In an unrelated scare, tainted pistachios produced and distributed by Setton Farms have resulted in product recalls for the following defective products in Tennessee:
• Pistachio products made by the Illinois-based Nut and Candy Company.
• “Roasted Pistachio Whole Kernels” made by Dekalb Farmers Market.
• Pistachio products made by Harry and David.

Food manufacturers and suppliers also have a duty to correctly list ingredients so as to protect people with food allergies. The following defective products in Tennessee have been recalled for failure to correctly list food ingredients:
• Rich Products Corporation has recalled its “Farm Rich Breaded Vegetable Sticks” because the label did not list that it contained egg.
• Lawrence's Delights recalled its “2 oz walnut Baklava” because it contains undeclared peanuts.

If you or a loved one has ingested any one of the products listed above and fallen ill, you may be able to receive compensation for medical bills, time off from work, and other related damages. Call 866-853-2888 to speak with Tennessee’s experienced personal injury attorneys at Baker Associates for a free consultation.

A new set of defective products in Tennessee has created a health scare in Tennessee and throughout the nation.

Several products containing pistachios distributed by Setton Pistachio of Terra Bella, Inc., have been found to be contaminated with the Salmonella virus. The following products have been recalled due to possible contamination:
• Kar Nut Products Company’s Kar’s and Second Nature pistachio products
• Planter’s and Back to Nature’s pistachio products
• Frito-Lay branded in-shell salted pistachios
• Kroger’s “Private Selection Shelled Pistachios”

The recall for food products containing nuts distributed by the Peanut Corporation of America has also expanded due to the threat of Salmonella. The list of potentially contaminated products now includes:
• Wright Popcorn’s 2 1/4oz. “Caramelcorn Bars” containing dry roasted unsalted split peanuts
• Produce Patch’s “Cascade Trail Mix”

The above listed products are potentially contaminated with Salmonella. If you or a loved one has experienced fever, diarrhea, nausea, vomiting and/or abdominal pain after ingesting one of these products, you may have contracted Salmonellosis. If so, after you contact a physician immediately, you should call a skilled product liability attorney in Tennessee. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis and arthritis.

Cheese manufactured by Torres Hillsdale Country Cheese, LLC, has manufactured Asadero and Oaxaca cheeses that may contain the Listeria virus. The symptoms for Listeria infection were listed in the March 30 entry.

If you or a loved one has ingested any one of the products listed above and fallen ill, you may be able to receive compensation for medical bills, time off from work, and other related damages. Call 866-853-2888 to speak with Tennessee’s experienced personal injury attorneys at Baker Associates for a free consultation.

This weekly blog entry provides current information on food product recalls and warnings regarding these defective products in Tennessee and throughout the nation.

The expanded recall of peanut products potentially contaminated with Salmonella now includes the following products:
• Mama Mellace’s Nut Hut Sweet & Salty Peanuts, Steakhouse Peanuts, Savory Medley, and Cinnamon Peanuts. These products are manufactured by Mellace Family Brands.
• Westco Fruit and Nuts’ peanuts and peanut-derived products.
• Amy's Decadent Chocolates’ peanut brittle, caramel apples with peanuts, and caramel apples covered with peanuts.

The FDA is also advising retailers and food service operators not to offer for sale oysters harvested between February 24 and March 17, 2009, from Mississippi Area 2C, located in the Mississippi Sound portion of the Gulf of Mexico near Pass Christian, Mississippi. The oysters are suspected to be contaminated with Norovirus, which causes severe gastroenteritis. The FDA advises that if consumers are uncertain about the origin of oysters, they should contact the place of purchase to determine if the oysters are from the affected area.

The FDA has also found the Listeria virus in Neco Foods’ Atlantis Brand smoked fish dip and has issued a recall. A person with Listeriosis has fever, muscle aches, and sometimes gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, confusion, loss of balance, or convulsions can occur. Infected pregnant women may experience only a mild, flu-like illness; however, infections during pregnancy can lead to miscarriage or stillbirth, premature delivery, or infection of the newborn.

If you or a loved one has ingested any one of the products listed above and fallen ill, first see a medical doctor and then call 866-853-2888 for a free consultation with the experienced Knoxville personal injury attorneys at Baker Associates.

If the recent outbreak of Salmonella in Tennessee caused by ingestion of contaminated peanut butter didn’t alarm you, the sheer numbers of people who suffer from food-borne illnesses each year just might. According to the Center for Disease Control (CDC), 76 million people suffer a preventable food-borne illness each year that results in diarrhea, abdominal pain, and nausea; this includes many residents who suffer personal injury in Tennessee.

Tragically, the CDC reports across-the-board failure to prevent food-borne pathogens. In Tennessee alone, in 2006, there were 446 cases of Campylobacter, 16 cases of Listeria, 853 cases of Salmonella, and 363 cases of Shigella. And these are just the reported cases!

What causes this failure to prevent food-borne illnesses? One likely possibility is that negligent food manufacturers and food servers (e.g., restaurants and caterers) have operated too long without accountability to consumers. Negligent food manufacturers in Tennessee and servers are liable in tort for damages caused by tainted food. Damages include medical expenses, time-off from work, and loss of enjoyment of life. If negligent food manufacturers and food servers were made more accountable for these damages, then they would have a greater incentive to prevent further food contamination.

Continue reading "Tennessee Food-borne Illnesses and Liability Issues" »