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 Virginia
- Applesauce Lead Poisoning Settlement Amounts in Virginia
- Filing an Applesauce Lead Poisoning Lawsuit in Virginia
- Get Your Free Consultation From Virginia Lead Poisoning Lawyers
Quick Summary
- The Virginia Applesauce Recall Lead Lawsuit is a critical issue for those affected by the contaminated cinnamon applesauce in Virginia and seeking compensation. This article provides a detailed guide on the recall’s background, the ongoing legal actions in Virginia, and essential advice for individuals on initiating a lawsuit.
- 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 Law Firm can help with your claim by serving as a guiding light for families dealing with the repercussions of the applesauce recall.
S&C Law Firm provides comprehensive legal assistance for those affected by the Virginia applesauce recall, including:
- Conducting free, confidential case evaluations
- Offering 24/7 toll-free support to guide individuals through the lawsuit initiation process
- Accepting new cases nationwide and providing expert advice on seeking compensation for lead poisoning symptoms related to the recalled cinnamon applesauce pouches
Applesauce Recall Lead Lawsuit
According to the 2023 FDA investigation, the applesauce recall lead lawsuit revolves around an alarming discovery: the cinnamon used in certain applesauce pouches tested for lead contamination at levels over 2,000 times above the limit considered safe [1].
This shocking revelation led to a significant recall of cinnamon applesauce pouches in Virginia and raised concerns about elevated lead levels.
The brands implicated in the recall include WanaBana, Schnucks, and Weis. The contamination has been traced to the cinnamon used in these pouches, leading to a series of investigations and legal actions.
What Is Applesauce Contamination?
Applesauce contamination is the presence of toxic substances in the product that can pose significant health risks to consumers. In this case, the contaminant in question was lead chromate, which led to both lead and chromium contamination in the applesauce.
As a result, three brands of cinnamon applesauce, Wanabana, Schnucks, and Weis, had to be recalled. The FDA advised individuals who consumed the recalled products and have elevated blood lead levels to seek medical attention.
Reasons Behind The Recall
Health concerns over elevated lead levels triggered the recall of these recalled applesauce pouches. The products in question were from WanaBana, Schnucks, and Weis brands, specifically their cinnamon-flavored applesauce pouches.
In response to these concerns, WanaBana LLC voluntarily recalled all of their Apple Cinnamon Fruit Puree Pouches. Weis recalled their Weis Cinnamon Applesauce Pouches, irrespective of expiration date or lot code.
Consumers were instructed to discard these products by emptying the contents into a trash can before disposing of the packaging to prevent further contamination.
Side Effects of The Applesauce Lead Poisoning
The side effects of lead poisoning from the contaminated applesauce are concerning. Lead exposure can cause brain damage and developmental problems in children, affecting their growth and health. This is particularly true for children under 6 years old, who are especially susceptible to lead poisoning.
Symptoms of Lead Poisoning
The symptoms of lead poisoning in children can manifest in various ways.
According to the Mayo Clinic 2022 research, these include [2]:
- Developmental delays
- Learning difficulties
- Irritability
- Loss of appetite
- Weight loss
- Sluggishness
- Fatigue
- Abdominal pain
In one particular case, a 1-year-old girl had a blood lead level of 20 mcg/dL. Her parents reported elevated blood lead levels in their children after consuming the recalled WanaBana applesauce pouches. This case is a stark reminder of the potential dangers of the contamination.
In the immediate aftermath of lead poisoning, children may experience a range of health issues. These can include:
- Developmental delays
- Irritability
- Loss of appetite
- Fatigue
- Weight loss
- Sluggishness
- Gastrointestinal issues such as vomiting and constipation
In severe cases of lead poisoning, children can even experience seizures. Some may also start consuming non-food items like paint chips, a condition known as pica.
Lead poisoning doesn’t just have immediate effects; it can also have long-term consequences. Children with elevated blood lead levels are at risk of experiencing lifelong health challenges, including:
- Lower IQ
- Learning and behavior problems
- Hearing and speech problems
- Slowed growth and development
Children under 6 years old are particularly at risk. If they are exposed to lead, they could suffer significant harm to their mental and physical development. In infants exposed to lead before birth, there may be an increased risk of premature birth, lower birth weight, and slowed growth.
Initially, lead poisoning can be hard to detect — even people who seem healthy can have high blood levels of lead. Signs and symptoms usually don’t appear until dangerous amounts have accumulated – Sandhya Pruthi, M.D., Family Physician at the Mayo Clinic Comprehensive Cancer Center, Rochester, Minnesota
How Do You Qualify for an Applesauce Lead Lawsuit?
To qualify for an applesauce lead lawsuit, you must be a Virginia resident who has suffered significant injuries due to lead toxicity from contaminated applesauce or apple puree products. Eligibility also extends to those who have purchased or consumed the affected products and can demonstrate a connection between their health issues and the contaminated applesauce.
This includes individuals who have been diagnosed with elevated blood lead levels after consuming the recalled products, as well as parents or guardians of minors who have shown symptoms of lead poisoning or have been diagnosed with lead exposure.
Documentation of purchase, medical records indicating lead poisoning, and evidence of the consumed product’s connection to the recall are critical components for substantiating your claim.
The Status Of The Applesauce Lead Poisoning Litigation in Virginia
The applesauce lead poisoning litigation in Virginia is ongoing. Investigators have linked the lead contamination in cinnamon apple puree products to ground or powdered cinnamon supplied by Negasmart in Ecuador. This discovery led to the recall of products from WanaBana, Schnucks, and Weis brands.
The FDA has shifted its efforts from initial response to implementing post-incident surveillance, prevention, and compliance measures related to the recall. The CDC continues to provide updates on case findings to keep the public informed on the health impacts of the lead-contaminated cinnamon apple puree.
In response to the recall, Virginia health departments and local agencies issued advisories urging consumers to discard any recalled applesauce products from their homes due to the products’ long shelf life and potential lead contamination.
According to the U.S. Department of Health & Human Services, state and local agencies, along with the Department of Health and Human Services, worked in coordination with the CDC’s National Center for Environmental Health to [3]:
- Identify cases of elevated blood lead levels potentially linked to the recall
- Advise consumers to properly dispose of the applesauce pouches to prevent others from salvaging them from trash
- Clean up any spills after discarding
Applesauce Lead Poisoning Settlement Amounts in Virginia
As of now, specific settlement amounts in Virginia for the applesauce lead poisoning lawsuit are not available. However, parents who claimed their children were poisoned by lead in the product have filed a lawsuit in Miami-Dade County, Florida, against the manufacturers and sellers of WanaBana Apple Cinnamon Puree pouches, including Dollar Tree Stores.
The plaintiffs in the case are parents whose two children, both under four years old, suffered from the harmful effects of lead poisoning after consuming the contaminated applesauce product.
The lawsuit alleges that the companies involved were aware or should have been aware of the risk posed by the contaminated fruit pouches and failed to protect consumers.
Filing an Applesauce Lead Poisoning Lawsuit in Virginia
Suppose a child’s blood lead level in Virginia is 3.5 g/dL or higher within three months of consuming a recalled WanaBana, Schnucks, or Weis brand fruit puree product after November 2022. In that case, families are eligible to file a lawsuit.
The child’s recorded blood lead level determines the lawsuit’s eligibility. Affected families can pursue legal action by contacting a specialized law firm that handles food safety and product liability.
Types of Evidence To Present
In lead poisoning lawsuits, factual evidence is essential to establish causation and liability.
This could include items such as:
- The defective product
- The product’s warnings or instructional literature
- Documents obtained from discovery, including those on the manufacturing process, safety tests, and design considerations
Moreover, expert testimonies are often required to discuss the nature of the defect and to link the product to the injuries sustained. One crucial aspect to remember is the importance of preserving evidence after being informed of a potential claim. Failure to do so can result in spoliation sanctions.
What is the Statute of Limitations for the Applesauce Lead Poisoning Lawsuit in Virginia?
The statute of limitations for the applesauce lead poisoning lawsuit in Virginia is typically two years from the date on which the effects of lead exposure were discovered.
However, in the case of minors who have suffered from lead poisoning, they are granted an extension, allowing them to file a lawsuit up to two years after reaching the age of majority, which is 18 years old.
Related Articles:
- South Carolina Applesauce Recall Lead Attorney
- Louisiana 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 Virginia Lead Poisoning Lawyers
At Schmidt & Clark, LLP we stand by your side during these difficult circumstances. Should you or someone you care about be affected by lead contamination from applesauce, we encourage you to get in touch with us. Our seasoned legal professionals are well-versed in such matters and will navigate you through the complexities of the legal system.
We are committed to providing clear insights into your legal options and determining your qualifications for filing a lawsuit related to the applesauce lead contamination incident. Our consultations are offered at no cost, and our fee structure is contingent on securing a victory for your case.
We pledge to offer you the same attention and consideration we would extend to our family members. Contact us for a comprehensive review of your case concerning the applesauce lead contamination issue.
Reference:
- https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-elevated-lead-chromium-levels-cinnamon-applesauce-pouches-november-2023
- https://www.mayoclinic.org/diseases-conditions/lead-poisoning/symptoms-causes/syc-20354717
- https://emergency.cdc.gov/han/2023/han00500.asp