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A few weeks after it voluntarily recalled about fifty products, Lyons Magnus pulled another 400 products off store shelves, which included protein shakes recall.
The updated protein shakes recall includes new products and additional lot codes for previously recalled products, which include brands like Organic Valley, Oatly, Ensure Harvest, PediaSure Harvest, Premier Protein, Kate Farms, and many more. All recalled products were distributed starting in April of 2021, according to the FDA.
The company said little, other than admitting that the recalled products “did not meet commercial sterility specifications.”
Cronobacter sakazakii and Clostridium botulinum Infections
These bacteria are common in powdered foods and beverages, especially baby formula. Like many other bacterial infections, Cronobacter sakazakii and Clostridium botulinum are especially serious for infants, older adults, and people with pre-existing health conditions. Young infants (younger than eight weeks old) with Cronobacter infections often develop meningitis; older infants (two to twelve months) could get sepsis infections. With symptoms like seizures, brain abscesses (infarcts), and hydrocephalus, the U.S. infant fatality rate in these situations is about 20 percent. The worldwide infant fatality rate is twice as high.
Researchers also believe that Chronobacter lives and multiplies in sewage, as well as breast pumping gear. This bacteria has been found on hospital equipment, like ventilators, but researchers don’t think Chronobacter spreads in these clinical settings.
The standard preparation instructions on formula labels should protect most babies. If your doctor says your baby is at high risk for Cronobacter infection, use boiled water to mix the formula, then cool the water without cooling the nipple. Before you feed your baby, the formula should feel warm, but not hot. Then, throw away any leftovers.
Take these same precautions with other powdered beverages, like the products mentioned above, if you are at risk for Cronobacter infection. Additionally, keep the powder bone dry and thoroughly sanitize countertops and other preparation surfaces.
FDA Recalls
Lyons Magnus voluntarily recalled tainted products. All such protein shakes recalls are voluntary because the Food and Drug Administration doesn’t have the authority to involuntarily recall dangerous products. Instead, this agency can only pressure companies to do the right thing. A recall does nothing to help people who have already been affected by a dangerous food, medical device, or other consumer product. These victims are on their own to pay medical bills related to a food-borne or other illness. Furthermore, a recall doesn’t compensate these victims for their pain and suffering or other noneconomic losses.
How An Attorney Can Help?
A New York personal injury attorney steps into the gap on both counts.
The available punitive damages in a personal injury case are usually more effective than any voluntary recall. A court supervises the entire process, so there’s no “honor system” product recall.
Damages in a personal injury case do more than encourage companies to clean up their act. Damages also compensate families for the substantial medical bills and other expenses they must pay. These expenses really put households in a bind. Most families cannot possibly afford to pay these expenses out of pocket, and most group health insurance companies refuse to cover them.
Your Legal Options
Unsafe products usually injure hundreds, thousands, or millions of people. It would be inefficient for multiple courts across the country to handle these matters on a piecemeal basis. However, they usually aren’t similar enough to qualify as class action claims. For example, Cronobacter sakazakii and Clostridium botulinum outbreaks usually injure both young infants and elderly adults in multiple ways.
So, the federal courts typically direct all such claims to one central location. A single magistrate judge, who is a senior judge usually appointed specifically to hear a certain kind of case, usually rules on procedural motions and oversees discovery as well as settlement negotiations. Most civil claims settle before trial.
In a few cases, the matters remain at the central court for trial. A large Multi-District Litigation setting usually includes a few bellwether trials. These trials give both sides a chance to test their claims and defenses before live jurors.
Other options, such as a public nuisance claim, are available as well. So, there are several ways a New York personal injury attorney can obtain maximum compensation for your serious injuries.
Everyone affected by a dangerous product deserves a day in court. For a free consultation with an experienced personal injury attorney in New York, contact Napoli Shkolnik, PLLC. We handle these matters on a nationwide basis.
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