Articles Tagged with defective products

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(May 12, 2022) Last month, on Tuesday, April 12, 2022, Ferrero recalled Kinder Surprise chocolates in the United States after several cases of Salmonella were reported across Europe and in the United Kingdom. Children under five years old made up the majority of cases. Ferrero claimed that the recall was “out of an abundance of caution” and that “we take food safety concerns very seriously.” According to their website, some of the chocolates that were meant for European consumption made their way onto United States shelves by mistake, though at the time, there were no reported cases as a result. However, last week Wednesday, May 4, 2022, the Food Standards Agency (FSA) voiced concerns about the effectiveness of the recall. After checking several smaller local retailers, the FSA found that some of them were still selling the recalled chocolates, while others had purchased them only to have to discard them immediately. Additionally, the FSA found that the initial recall did not include all of the affected chocolates and provided an updated list.

The Dangers of Salmonella Poising to the Young and to the Elderly

Roughly 1.3 million people are diagnosed with Salmonella poisoning every year in the United States, according to the Centers for Disease Control and Prevention (CDC). While it can be contracted by pet reptiles, the most common source of Salmonella poising is food. The CDC also lists the following categories of people at higher risk of extreme or life-threatening sickness from Salmonella poisoning:

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After being fed baby formula, if your precious baby developed a horrendous disease called Necrotizing Enterocolitis (NEC), you might qualify for compensation. Recently, studies show that certain baby formula products have a higher chance of causing NEC in premature infants. Enfamil and Similac are two brands that have failed to warn parents of the dangers associated with using their products. If your baby has developed NEC after being fed Enfamil or Similac products, you may be able to receive compensation. 

NEC is a terrible disease that attacks the intestines. The condition causes infections and inflammations in the intestine, causing the intestinal tissue to die. In some cases, a hole can form in the infant’s intestine, and intestinal bacteria can leak into the abdominal area or bloodstream, causing a possibly fatal infection. Some premature infants suffer from mild symptoms, and some suffer life-threatening ones. 

When your premature infant is developing, they typically need extra nutrition to help them grow. If the parent decides not to breastfeed the child, nurses may recommend using baby formula. While this seems like an easy decision to make, that may not be the case. 

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To save time and labor, farmers and agricultural workers often turn to herbicides to aid them in their agricultural work. For example, some herbicides like Paraquat aid them in exterminating overgrown weeds and other unwanted grasses. Unfortunately, while this may be beneficial to the farmer saving them time and money, Paraquat can have fatal consequences. Paraquat is an extremely poisonous herbicide that can lead to death if an individual or agricultural worker ingests it. 

Paraquat can not even be purchased in the United States unless the applicator has a license for it. The US Environmental Protection Agency (EPA) has classified it as “restricted use.”. This herbicide has very tight restrictions due to the fact it’s highly poisonous. Unlike most other herbicides, Paraquat can’t be applied if the applicator does not have a license, even if they are under the supervision of someone who does. Paraquat is so dangerous that only licensed professionals are allowed to apply it on their crops. 

Several safety precautions are taken to deter an individual from confusing Paraquat with a beverage or other liquid. In the United States, A blue dye and sharp odor are added to the liquid so that one doesn’t confuse it with other beverages as well as an added agent that causes vomiting if accidentally ingested. In addition, those who apply the product must wear extra protective equipment such as respiratory protection, safety glasses, and more. Those who mix and load Paraquat are required to wear full-face shields and chemical-resistant aprons. 

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Paraquat, a toxic chemical herbicide used to exterminate unruly weeds and grass, has been highly popularized in its use and was first produced for commercial use in 1962. There are many brands of paraquat products, and some of these include, Gramoxone, Goldquat, Almoxone, and many more. Paraquat is extremely popular and is one of the most commonly used herbicides around the globe. However, due to its extremely high toxicity, many precautions have been taken to purchase and use this herbicide in the United States.  

The United States Environmental Protection Agency (EPA) decided to put mitigation measures on the use of Paraquat to protect human health and the environment. Here’s a quote from the United States EPA website “In July 2021, after receiving and considering public comments on the Paraquat proposed interim decision, EPA released the interim decision for registration review. As part of this action, EPA requires mitigation measures to reduce risks associated with Paraquat in order to protect human health and the environment.” 

Paraquat is so toxic that it can lead to death if accidentally ingested, and there is no antidote for it. Because it’s so toxic, in the U.S., precautions are taken, such as adding a dye to the substance and a sharp odor to deter an individual from accidentally ingesting it. Not only that, but only those with a commercial license can even purchase the product, let alone use it. In addition, An individual can not use this product even if they are under the supervision of a certified applicator. 

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Necrotizing enterocolitis (NEC)  is a horrible disease that can affect premature infants. The condition is gastrointestinal and causes inflammation and infections in the intestines that can lead to the intestinal cells dying. If the inflammation gets severe, it can create holes in the intestine, potentially leading to intestinal bacteria getting into the affected infant’s abdominal area or blood. If this happens, getting a severe illness or a deadly blood infection is, unfortunately, a possible outcome.  

When a baby is born underweight or prematurely, they often need extra protein to strengthen their tiny bodies while they grow. The little one’s growth can be very challenging all on its own, which is why if the baby doesn’t breastfeed, the doctor or nurse may recommend using baby formula products. While this may seem like an entirely sound choice to make, unfortunately, this is not always the case. Studies have recently shown a link between premature infants developing NEC and baby formula. 

Trusting companies who develop baby formulas can be so easy. After all, the reason they are developed is to help your infant get the proper nourishment they need for their healthy growth. But unfortunately, some companies fail to warn parents of the risks their product could have on their infants. Popular baby formula brands like Similac and Enfamil did not properly warn parents that using their products could increase their infants’ risk of getting NEC. When manufacturers fail to warn consumers about their products’ potential dangers, it becomes a serious issue. 

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What is Paraquat? Paraquat, also known as Gramoxone, is an herbicide primarily used for weed and grass management. However, According to the CDC (Centers for Disease Control and Prevention), It is a toxic chemical. The CDC also states that the highly poisonous herbicide marketed to the United States has safeguards such as a blue dye, a sharp odor, and an added agent that induces vomiting if ingested. These safeguards are in place to warn potential users of its toxicity. Because this herbicide is so toxic and can lead to fatal poisoning, only licensed professionals can use it.

Why is Paraquat Used? The herbicide kills weeds and unwanted grasses because of its incredible effectiveness, which is why, in the United States, commercial farmers and agricultural workers have used this product to control their land’s unruly weeds and grass since 1964. Before harvest, it also is used as a defoliant on crops, such as cotton. There are many uses for this herbicide, but unfortunately, the consequences can be fatal. 

How can you get poisoned by Paraquat? Acute poisoning can occur because of accidental ingestion, inhalation, or skin exposure by an individual. It can cause damage to the lungs, intestines, stomach, and mouth when ingested in small amounts, while in large quantities, it can damage multiple organs and lead to death within hours. The most common way of getting poisoning from this herbicide is by accidentally ingesting it. Unfortunately, there is no antidote after getting poisoned by this toxic chemical.

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In premature infants, both Enfamil, a baby formula manufactured by Mead Johnson, and Similac, a baby formula manufactured by Abbott Laboratories, can cause necrotizing enterocolitis (NEC). This gastrointestinal condition, necrotizing enterocolitis (NEC), is severe and causes intestinal tissue death. It may even be fatal in as many as 50% of cases. In addition, the intestinal inflammation caused by this horrible condition may cause holes in the intestine. It is even possible for bacteria from the intestinal tract to leak into the abdomen or blood, causing severe illnesses or deadly blood infections. The condition can also cause severe health issues like sepsis, intestinal strictures, developmental problems, and cerebral palsy.

A study in Lancet, 1990, found that this horrendous condition NEC was up to 10 times more likely in premature infants given formula. In recent years, several studies have linked cow’s milk-based formula to an increased risk of NEC in premature infants, based on cases filed against baby formula products.

Similac and Enfamil manufacturers are facing lawsuits from parents because they were aware or should have been aware that their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants. In addition, these companies did not warn parents or medical providers about the risk. According to the parents who sued, Enfamil and Similac failed to indicate that NEC is a possible side effect of their baby formulas or provide proper instructions or guidelines on using the product. As an added concern, these companies marketed their baby formula products as safe and beneficial for premature infants despite potential risks. 

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You might be wondering what Necrotizing enterocolitis or NEC is. It is a common and severe intestinal condition among premature infants. It occurs when tissue in the large or small intestine is injured or inflamed. When the tissue gets damaged or inflamed, it may lead to the death of intestinal tissue and, sometimes, a hole (perforation) in the intestinal wall.

When an infant has NEC, the intestine can no longer hold waste. This may cause bacteria to find their way into the bloodstream and cause a deadly infection. In addition, waste could potentially enter into the infant’s abdomen and cause the infant to get critically ill. Because of all the damage sustained to the intestines, sections may die and need to get removed. 

Symptoms of this potentially deadly disease include but are not limited to an unstable and low body temperature, apnea (pauses in breathing), being lethargic or less active, constipation, trouble feeding, and diarrhea. 

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Bringing new life into the world is one of the most joyous occasions an individual can experience. When someone becomes a parent, the world changes instantly and all prior priorities fade. That means that when something tragic happens to a baby, the pain is beyond description.  

In recent years, several baby formulas have been linked to birth defects, especially in premature babies. One of the most commonly developed conditions is a serious gastrointestinal illness known as Necrotizing Enterocolitis [NEC]. According to the U.S. National Library of Medicine, 40% of babies with NEC die from it. 

If your child is suffering from NEC, you may be eligible for a baby formula lawsuit. It is vital to contact the Carabin Shaw NEC attorneys as soon as possible.   

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https://www.texasinjurylawyersblog.com/files/2021/06/Screen-Shot-2021-06-23-at-4.18.35-PM-251x300.pngVarious state and federal agencies regulate the safety of infant and baby products. While these agencies possess the power to administer and enforce federal safety laws, many dangerous products continue to make their way into the consumer stream. Every year infants and children in Texas experience exposure to dangerous and potentially life-threatening products. When this occurs, family members should consider filing a Texas product liability claim against the defective product’s manufacturer or retailer.

For instance, Fisher-Price is once again recalling one of its most popular infant products. The U.S. Consumer Product Safety Commission received reports citing the Rock n’ Glide Sleeper as the cause of four infants’ deaths. In each of the cases, the infants were placed unrestrained on their backs in the sleeper but were later found unresponsive on their stomachs. The deaths included infants ranging from 11 weeks to 4 months old. The current recall comes after a similar situation in 2019, in which the company agreed to recall its Rock’ n Play sleeper after several babies suffocated after rolling to their stomachs in the device.

Texas product liability lawsuits generally fall under one or more of the three types of defective product claims. The claims generally stem from design defects, failure to warn claims or manufacturing defects. Design defect claims apply when a product’s defective design poses a danger to the user. Claimants in these cases must establish that the company could have used a less dangerous design, the alternative design would not pose an unreasonable financial burden, and the alternative design would have maintained the product’s purpose and use. Failure to warn claims applies when a product poses an unreasonable danger even when used according to its directions. Finally, manufacturing defects claim that the product is defective because of an error that occurred during production.

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