Table Of Contents
- Quick Summary
- How S&C Can Help With Your Claim?
- Applesauce Recall Lead Lawsuit
- Side Effects of The Applesauce Lead Poisoning
- How Do You Qualify for an Applesauce Lead Lawsuit?
- The Status Of The Applesauce Lead Poisoning Litigation in Pennsylvania
- Applesauce Lead Poisoning Settlement Amounts in Pennsylvania
- Filing an Applesauce Lead Poisoning Lawsuit in Pennsylvania
- Get Your Free Consultation From Pennsylvania Lead Poisoning Lawyers
Quick Summary
- If you’re dealing with the Pennsylvania applesauce recall lead lawsuit, it’s important to be aware of the potential risks and to understand your legal rights.
- This article will provide insight into the recall caused by lead contamination, the legal options at your disposal, and the steps you can take at this moment.
- 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 guiding you through the complex legal process with their team of highly-ranked lawyers who are equipped to handle the intricacies of cases like the applesauce recall lead lawsuit.
With a strong track record in litigation and a history of shaping legal precedents, S&C offers comprehensive assistance for clients in complex legal matters, including:
- Expert litigation support
- Experience with high-profile cases
- Management of large-scale litigation
Applesauce Recall Lead Lawsuit
A packet of cinnamon applesauce from WanaBana, Schnucks, and Weis brands was found to contain elevated lead levels, leading to a recall and a lawsuit.
Investigations traced the contamination back to the cinnamon used in the apple cinnamon fruit puree, which was found to be tainted with lead post-processing in Ecuador. This raises concerns about other cinnamon-containing products that may have been affected by the same issue.
The recall affected specific lot numbers of cinnamon applesauce pouches from WanaBana, Schnucks, and Weis brands, including Weis cinnamon applesauce pouches.
The affected products were sold at the following locations:
- WanaBana brand pouches were sold at Dollar Tree Stores locations
- Schnucks brand pouches were available at Schnucks supermarket chain
- Weis brand pouches were available at Weis supermarket chain
The affected products were distributed not only in Pennsylvania but also in several surrounding states and carried by various small markets and grocery stores.
What Is Applesauce Contamination?
According to the Food Quality and Safety, applesauce contamination is defined as the presence of harmful substances, such as lead, within applesauce products. In this incident, the contamination was traced back to a cinnamon processing facility in Ecuador, where packets of applesauce were found to contain high levels of lead and chromium [1].
These tainted applesauce packets were linked to nearly two dozen cases of lead poisoning in Pennsylvania, with additional reports emerging nationwide.
Brands such as WanaBana and Weis were among those selling tainted cinnamon apple puree under their store brands. The lead contamination in the applesauce was severe enough for the Pennsylvania Department of Health to identify multiple probable cases of lead poisoning from the contaminated product.
Due to the severity of the situation, the Food and Drug Administration recommended blood tests for individuals who may have consumed the recalled applesauce products.
Reasons Behind The Recall
The primary reason for the recall was the elevated lead levels in the recalled pouches, specifically the recalled applesauce pouches, which were linked to nearly two dozen cases of lead poisoning in Pennsylvania.
According to the Center for Preparedness and Response (CPR), the Pennsylvania Health Department identified 22 probable and one suspected case of lead contamination in fruit pouches sold under various brands, including WanaBana and Weis [2].
The contamination was traced back to a cinnamon processing plant in Ecuador. Austrofood, the manufacturer of the contaminated applesauce, and WanaBana USA, the distributor, identified the cinnamon in their Wanabana apple cinnamon fruit products, including the Wanabana apple cinnamon puree, as the source of the high lead levels.
Several brands of cinnamon applesauce products were affected, including those sold under the WanaBana, Weis, and Schnucks brands. The FDA’s investigation has suggested that the lead contamination might have been an intentional act by someone within the supply chain.
Side Effects of The Applesauce Lead Poisoning
The health risks associated with consuming the contaminated applesauce are significant. Lead exposure can result in a range of health issues like behavioral problems, learning disabilities, and, in severe cases, seizures or death.
The adverse health effects of lead poisoning include damage to the brain and nervous system, slowed growth and development, and various cognitive and behavioral issues.
Children under six are particularly vulnerable to elevated blood lead levels due to their developing nervous systems and a greater tendency to absorb lead.
Symptoms of Lead Poisoning
Lead poisoning is not always immediately evident, but it can present a range of symptoms that can differ between children and adults.
Symptoms of lead poisoning in children may include:
- Reduced cognitive abilities
- Developmental delays
- Slower physical growth
- Neurological damage
- Auditory problems
- Headaches
For adults, the symptoms can look a bit different. Adults with lead poisoning may show symptoms such as:
- Memory and concentration difficulties
- Neurological issues
- Discomfort in muscles and joints
- Reproductive problems
- High blood pressure
- Headaches
- Abdominal pain
- Mood disorders
- Reduced sperm count and abnormal sperm
- For pregnant women, the a risk of miscarriage, stillbirth, or premature birth.
The impact of lead on a child’s health is influenced by several factors, including age or health status, such as:
- Nutritional status
- Source and duration of exposure
- Pre-existing health conditions
Therefore, it is critical to be vigilant about potential sources of lead exposure, such as contaminated food products, to maintain effective disease control. As the FDA’s leading hypothesis remains under investigation, it is important to stay informed and take necessary precautions.
How Do You Qualify for an Applesauce Lead Lawsuit?
To qualify for an applesauce lead lawsuit, you must first ensure your child has been tested for lead exposure, typically through a blood test conducted by a pediatrician or local health department.
If the test results indicate elevated blood lead levels, this potentially establishes the diagnostic criteria necessary for you to become a plaintiff in the lawsuit.
FDA product testing has identified high levels of chromium, in addition, to lead, in cinnamon samples and recalled applesauce pouch products, including WanaBana, Schnucks, and Weis brands – U.S Food & Drug Administration
The Status Of The Applesauce Lead Poisoning Litigation in Pennsylvania
The litigation surrounding applesauce lead poisoning is ongoing. WanaBana USA and WanaBana LLC are the key parties implicated in a legal dispute due to lead contamination in their applesauce products. The legal actions include jurisdictional battles highlighting complex legal issues arising from the broad impact of the contaminated products.
A nationwide class action lawsuit has been filed against WanaBana USA, alleging personal injuries. Various law firms are representing affected individuals and serving as co-counsels in the class action lawsuit, advocating for compensation due to the lead contamination incidents.
Applesauce Lead Poisoning Settlement Amounts in Pennsylvania
While no specific settlement amounts related to this case have been disclosed, it’s worth noting that there have been significant settlements in other lead poisoning cases.
For instance, previous cases have obtained over $100 million for lead-poisoned children, including:
- A $8.5 million verdict for a 15-year-old boy exposed to lead paint
- A $6.9 million verdict for two brothers poisoned in their family home
- A $4.8 million award to a 12-year-old girl exposed to lead paint in her apartment.
Filing an Applesauce Lead Poisoning Lawsuit in Pennsylvania
Evidence is key when it comes to filing a lawsuit. Parents should maintain evidence, including any unopened and used applesauce pouches, and document their claim against WanaBana USA.
It’s also crucial to secure all purchase receipts of the contaminated applesauce pouches and collect your child’s medical records related to the lead contamination.
Types of Evidence To Present
In presenting your case, you’ll need to bring forth compelling evidence.
Here are some key pieces of evidence to consider:
- Your child’s medical records show a lead poisoning diagnosis through a blood test.
- Any documentation of the lead source, such as inspection reports or test results.
- Testimony from a healthcare provider or other medical experts who can establish the link between lead exposure and the resultant illness.
You should also provide evidence of the lead source and third-party responsibility for the exposure. Ultimately, your evidence should demonstrate that the victim was exposed to lead, which led to elevated lead levels and caused injury.
What is the Statute of Limitations for the Applesauce Lead Poisoning Lawsuit in Pennsylvania?
The statute of limitations for the applesauce lead poisoning lawsuit in Pennsylvania is two years from the date of injury or within two years from when the injured party should have reasonably become aware of the injury and its cause, along with the involvement of another party’s wrongdoing.
For product liability claims like lead poisoning from apple cinnamon fruit puree pouches, the statute of limitations is typically two years from the date of injury.
Related Articles:
- South Carolina Applesauce Recall Lead Attorney
- Virginia Applesauce Recall Lead Lawsuit
- Illinois Applesauce Recall Lead Lawsuit
See all related food poisoning lawsuits our attorneys covered so far.
Get Your Free Consultation From Pennsylvania Lead Poisoning Lawyers
At Schmidt & Clark, LLP we stand by your side during these difficult circumstances. Should you or someone close to you be affected by lead contamination from applesauce, we encourage you to get in touch with us.
Our seasoned team is well-versed in such matters and is committed to navigating you through the intricacies of the legal system. We are ready to illuminate your legal rights and determine your potential for filing a lawsuit stemming from applesauce lead contamination.
We offer free initial consultations, and our fees are contingent upon securing a victory in your case. With the same attentiveness and dedication we would extend to our family members, we are here to conduct a comprehensive review of your situation related to applesauce lead contamination.
Reference:
- https://www.foodqualityandsafety.com/article/ecuadorian-cinnamon-supplier-identified-in-applesauce
- https://emergency.cdc.gov/han/2023/han00500.asp