There are lawsuits accumulating against baby food manufacturers, who may have sold food laden with heavy metals like arsenic, lead and mercury. A Congressional report included manufacturers Beech-Nut, Earth’s Best Organic, HappyBABY, Happy Family Organics, Gerber, Parent’s Choice, Plum Organics and Sprout Organic Foods as manufacturers whose food may have included toxic levels of arsenic and other heavy metals.
The plaintiffs’ request to consolidate their lawsuits was denied, since the court found that each case would be too specific to each defendant. However, the prevailing theory is that the excessive levels of heavy metals harm infant brain development.
In addition to the lawsuits, Beech-Nut voluntarily recalled and decided to stop manufacturing their rice cereal, after learning that it contained dangerous levels of arsenic. They “are issuing this voluntary recall, because [they] learned through routine sampling by the State of Alaska that a limited quantity of Beech-Nut Single Grain Rice Cereal products had levels of naturally-occurring inorganic arsenic above the FDA guidance level, even though the rice flour used to produce these products tested below the FDA guidance level for inorganic arsenic.”
Products liability
This type of lawsuit is a products liability lawsuit, a negligence civil action. Consumers can sue manufacturers when a product is poorly designed, defectively manufactured or inherently unsafe for its intended use.
When filing a negligence lawsuit, it’s important to remember that you must have suffered actual harm from the defective product. That means that it’s not enough for your infant to potentially get sick—they’d have to suffer actual harm before it rises to legal negligence standards.
Talking to a seasoned products liability lawyer is the best way to find out whether you qualify for a toxic baby food lawsuit. When you book a consultation, bring your child’s medical records and any documentation you have regarding their illness, the products they consumed and other helpful information.
The attorney will discuss whether they think you have a viable case, and describe what they think your potential outcomes could be. They may ask you to procure more information before they make a determination about whether they can represent you. Finally, they’ll discuss the legal process and what you should expect from the case. Choose an attorney who has experience in this type of lawsuit, who makes you feel confident and comfortable, and whose fee agreement works for your needs. With their help, you may be able to get compensation for you and your infant.
Call an Ohio products liability lawyer today
If you suspect that your infant has been harmed by toxic baby food, we can help you get the compensation you deserve. I’ll Make Them Pay!® Call me today at 877.483.2298 for a consultation, and we’ll discuss your legal options.
