Florida Applesauce Recall Lead Lawsuit

Quick Summary

• The repercussions of the Florida applesauce recall lead lawsuit are significant, and this article aims to clarify the situation by providing essential information on the health effects, legal entitlements, and necessary actions for those affected by the lead-tainted applesauce recall in Florida.
• If you or someone you know has been affected by lead poisoning from apple sauce, Schmidt & Clark, LLP, is here to assist you. Renowned for our proficiency in plaintiff representation, our main objective is to ensure you obtain the justice and compensation you rightfully deserve.

How S&C Can Help With Your Claim?

S&C can help with your claim by specializing in product recalls and consumer injury cases, adeptly navigating the intricate labyrinth of state and local laws, as well as health and human services regulations, to secure maximum damages for injured consumers.

With a history of winning cases and securing settlements, the firm has demonstrated proficiency in handling product recall cases like the one involving the contaminated applesauce. This ensures that when a trusted product causes harm, you or your loved ones have a strong ally.

But it’s not just about winning cases. The goal is to:

• Challenge sizable conglomerates and hold them accountable for their negligent actions
• Countertactics employed by manufacturers and insurers to evade paying damages
• Advocate for your right to compensation
• Establish liability following state laws, encompassing strict or modified liability standards

Should you suffer an injury due to a recalled product, S&C is equipped to help you navigate the legal process and fight for your rights.

Applesauce Recall Lead Lawsuit

The WanaBana Apple Cinnamon Fruit Purée recall sent shockwaves across the consumer landscape, especially among parents who had trusted the brand for their children’s nutrition.

Investigations traced the elevated lead levels back to the cinnamon raw material supplied by St. Louis-based Schnuck Markets, prompting an extensive safety check and an urgent recall.

The contamination led not only to a product recall but also to numerous confirmed cases of elevated blood lead levels from consuming the tainted cinnamon apple puree products.

Four of these cases have been directly connected to WanaBana Apple Cinnamon Fruit Puree, and the victims were very young children with a median age of approximately one year old.

The fact that toddlers, who are in a critical stage of their development, were exposed to such harm adds a grave dimension to this incident.

As such, the ensuing legal battle has been fierce and determined, with affected families seeking justice for the harm inflicted upon their loved ones.

What Is Applesauce Contamination?

Applesauce contamination is defined in this recall as the detection of hazardous substances, particularly lead chromate, within the applesauce products.

According to Food Quality and Safety, it was the cinnamon applesauce, aimed at the young consumer market and imported from Ecuador, that set off the alarm for potential health risks [1].

The adulteration of the applesauce with lead, which was shockingly suspected to be deliberate for economic gain, resulted in lead concentrations up to 2,000 times the acceptable limit, emphasizing the gravity of the threat posed.

Due to this alarming lead contamination, brands such as WanaBana, Schnucks, and Weis were forced to issue recalls for their cinnamon applesauce, including Weis brand cinnamon applesauce.

Fortunately, the FDA has indicated that the issue appears to be isolated to the recalled applesauce products, with no confirmed reports of similar contamination in other cinnamon-containing products or cinnamon.

Nonetheless, the incident has left a lasting impact on consumers’ trust in food products and has highlighted the importance of vigilant food safety checks.

Reasons Behind The Recall

The recall was initiated after WanaBana USA and the FDA found elevated lead levels in the following products:

• WanaBana Apple Cinnamon Fruit Purée 3-pack pouches of 2.5 oz
• Schnuck cinnamon-flavored applesauce pouches and variety pack
• Weis cinnamon applesauce pouches

All of these products, found at several Dollar Tree stores, contained elevated lead levels and were recalled.

The discovery of lead in the cinnamon raw material supplied by Schnuck Markets was a significant factor behind the recall. This incident has served as a stark reminder of the critical importance of stringent quality checks and high safety standards in food production and supply chains.

Side Effects of Applesauce Lead Poisoning

The harmful effects of lead poisoning are well-documented, particularly when it comes to children. Even small amounts of lead can accumulate in the body over time and pose serious health risks.

Children under 6 are the most vulnerable to the harmful effects of lead, which can adversely impact their learning, behavior, hearing, and growth. According to the College of Family Physicians of Canada 2010 study, some severe cases of lead poisoning have resulted in developmental delays, learning disabilities, behavioral problems, and, tragically, even death [2].

Adults aren’t immune to the harmful effects of lead, either. Exposure to lead can result in high blood pressure, joint and muscle pain, problems with memory and concentration, headaches, and mood disorders.

Pregnant women exposed to lead can face serious reproductive issues, including miscarriages, stillbirths, or premature births. Alarmingly, high blood lead levels have been linked to acute health events such as seizures, unconsciousness, and, in some cases, can even be fatal.

The long-term health implications of lead poisoning can be as alarming as the short-term ones, if not more.

Lead exposure over a prolonged period can lead to significant risks to brain development, including irreversible damage. This is particularly concerning in the case of the contaminated applesauce, as the majority of the victims were very young children.

At higher exposure levels, lead can also harm the kidneys and nervous system in both adults and children. In newborns, lead exposure has been associated with premature birth, lower birth weight, and inhibited growth.

The potential long-term health concerns underscore the importance of seeking immediate medical attention and legal recourse in the wake of such a contamination incident.

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce recall lead lawsuit, you must demonstrate that the lead poisoning symptoms or diagnosis were a direct result of consuming the recalled applesauce products. This means presenting evidence such as medical records that align with the timeline of consuming the product and the subsequent development of symptoms.

Proof of purchase or possession of the recalled product is also essential, as this establishes a direct link between the consumer and the contaminated applesauce. Legal teams often work to gather all necessary documentation and expert testimonies to build a strong case on behalf of the affected individuals.

Being exposed to lead over a long period can cause lasting brain damage. At very high levels, lead poisoning can be fatal. But often there are no clear symptoms of lead poisoning – Jabeen Begum, MD, Consultant Microbiologist at the Asian Institute of Gastroenterology Hospital (AIG Hospitals, Gachibowli)

The Status Of The Applesauce Lead Poisoning Litigation in Florida

In Florida, families impacted by the recalled applesauce have been seeking justice by filing a product liability lawsuit. Some have chosen to join a class action lawsuit, allowing for a joint legal effort against WanaBana and other responsible parties.

Such a collective effort not only strengthens the front against the manufacturers but also helps share the legal costs among all parties affected.

Other pursued legal paths encompass premises liability lawsuits and actions against contractors for negligent lead abatement. With several legal options available, affected families must seek legal advice to choose the most appropriate course of action.

Applesauce Lead Poisoning Settlement Amounts in Florida

While no amount of money can truly compensate for the harm caused by lead poisoning, a settlement can help alleviate the financial burdens associated with medical expenses, lost wages, and other related costs.

The actual settlement amount in such cases can depend on various factors, including:

• The severity of the poisoning
• The age of the affected individual
• The incurred medical expenses
• Lost wages
• Pain and suffering
• Long-term care needs

Other factors that can significantly affect the settlement figures include disease control measures, such as:

• long-term care needs, such as ongoing medical treatment and rehabilitation services
• the diminished quality of life
• any future earnings lost as a result of the exposure

Economic experts may be enlisted to project long-term costs and losses to quantify the compensatory damages in a lawsuit accurately.

Filing an Applesauce Lead Poisoning Lawsuit in Florida

Filing a lawsuit can seem daunting, but with the right guidance, it can be a straightforward process. Affected consumers who have purchased recalled fruit pouches, specifically applesauce pouches, should start by contacting a law firm for a free case evaluation. Once a claim is submitted, a dedicated legal team will investigate the specific circumstances of the lead poisoning case.

Types of Evidence To Present

In preparing for a product liability case in Florida, retaining key pieces of evidence is crucial.

These may include:

• The tainted product
• Purchase receipts
• User manuals
• Any product photographs

A legal professional can provide guidance on dealing with injuries and the legal steps to follow, including gathering evidence and medical records.

Identification and establishment of liability among various potentially responsible parties is a key step in preparing for a lead poisoning case. This may entail parties like landlords, property owners, or local governments.

Consulting with a Florida product liability lawyer is essential for pursuing claims against responsible entities, which can include manufacturers, parts makers, retail stores, or other negligent parties.

What is the Statute of Limitations for the Applesauce Lead Poisoning Lawsuit in Florida?

The statute of limitations for the applesauce lead poisoning lawsuit in Florida is two years, allowing individuals to initiate product liability claims within this period. This timeframe starts from the moment the injury becomes apparent or should reasonably have been discovered rather than from the date of the incident itself.

Additionally, Florida also applies a statute of repose for product liability claims, limiting the time for filing a lawsuit to 12 years from the date the product was first purchased. Understanding these legal timelines is crucial to ensuring your claim is filed within the statutory period, and professional legal advice can be invaluable in this regard.

Related Articles:

• California Applesauce Recall Lead Attorney
• Colorado Applesauce Recall Lead Lawsuit
• Georgia Applesauce Recall Lead Lawsuit

See all related food poisoning lawsuits our attorneys covered so far.

Get Your Free Consultation From Florida Lead Poisoning Lawyers

At Schmidt & Clark, LLP we stand by your side during these trying times. If you or your family are affected by the lead contamination in applesauce, we urge you to contact us.

Our seasoned team is well-versed in managing such cases and will steer you through the complexities of the legal process. We are committed to illuminating your legal options and determining your qualification for filing a lawsuit concerning applesauce lead contamination.

We offer free consultations, and our fee structure is contingent upon securing a victory for you in court. Contact us for a comprehensive review of your applesauce lead contamination case.

Reference:

1. https://www.foodqualityandsafety.com/article/ecuadorian-cinnamon-supplier-identified-in-applesauce
2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml