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Table Of Contents
- Broccoli Recall Lawsuit Overview
- Latest Broccoli Recall Lawsuit Updates
- FDA Reports and Statistics
- Broccoli Recall Injuries & Side Effects
- Do You Qualify for a Broccoli Recall Lawsuit?
- Broccoli Recall Information
- Statute of Limitations for Broccoli Recall Lawsuits
- FAQs
- 1. How do I know if I have a contaminated broccoli product?
- 2. What should I do if I believe I have consumed contaminated broccoli?
- 3. How is Listeria infection diagnosed?
- 4. Can I file a lawsuit if I got sick but the product I consumed wasn’t officially recalled?
- 5. How long do broccoli recall lawsuits typically take to resolve?
- 6. Can I join a class action lawsuit for broccoli contamination?
- 7. What compensation amounts are typical in food contamination cases?
- 8. How can I report a reaction to recalled broccoli?
- 9. Will the manufacturer’s insurance cover my damages?
- 10. What should I do with recalled broccoli products I still have?
- Take Action Now: Time-Sensitive Legal Claims
- References
Broccoli Recall Lawsuit Overview
The broccoli recall lawsuits involve pre-packaged broccoli products potentially contaminated with Listeria monocytogenes, a dangerous bacteria that can cause serious foodborne illness.
Manufacturers are facing allegations of negligence in food safety protocols that led to contamination. Multiple recalls have been issued affecting various broccoli products distributed nationwide.
The FDA has issued warnings regarding the potential health risks associated with consuming these contaminated products.
Latest Broccoli Recall Lawsuit Updates
January 2, 2025 – Braga Fresh is recalling a single production lot of washed and ready-to-eat 12oz Marketside Broccoli Florets over potential contamination with Listeria monocytogenes [1]. The recall was initiated after random sampling by Texas Health & Human Services yielded a positive test result for Listeria.
November 12, 2019 – The FDA announced that Taher, Inc., in conjunction with Mann Packing Co., recalled 7.5oz Fresh Seasons Kitchen Veggie & Ranch Cups [2] sold in select cafeterias and vending machines in Minnesota over potential contamination with Listeria monocytogenes.
June 2018 – Del Monte recalled vegetable trays containing broccoli in response to an outbreak of cyclospora linked to 144 serious illnesses. Infections were reported in Iowa, Minnesota, Wisconsin and Michigan.
February 28, 2011 – Taylor Farms Pacific recalled broccoli products nationwide due to the potential presence of Listeria monocytogenes bacteria. The recall affected multiple products distributed to Safeway, Vons, Pavilions and Pak N’ Save stores across 13 states.
FDA Reports and Statistics
According to FDA reports, Listeria contamination in ready-to-eat vegetables remains a significant concern.
The MAUDE database has recorded numerous adverse events related to contaminated produce in recent years:
- Multiple random sampling tests have identified Listeria contamination in pre-packaged broccoli products
- The FDA has issued several public health advisories regarding contaminated broccoli products since 2011
- Regulatory actions have included mandatory recalls and facility inspections
- Listeria contamination in ready-to-eat vegetables affects thousands of consumers annually
“This advisory is being initiated due to possibility of contamination with Listeria monocytogenes,” FDA said. “The potential for contamination was discovered during random sampling by Texas Health & Human Services from a Texas store location where one of multiple samples yielded a positive test result.”
Broccoli Recall Injuries & Side Effects
Consuming broccoli contaminated with Listeria can lead to listeriosis, a serious infection that primarily affects pregnant women, newborns, older adults, and people with weakened immune systems.
- Listeriosis: Fever, muscle aches, headache, stiff neck, confusion, loss of balance, and convulsions
- Gastrointestinal Distress: Severe diarrhea, nausea, vomiting, and abdominal pain
- Pregnancy Complications: Miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn
- Invasive Infection: Bloodstream infections, meningitis, and encephalitis
Do You Qualify for a Broccoli Recall Lawsuit?
You may qualify for a broccoli recall lawsuit if:
- You consumed the recalled veggie between 2011-2025
- You experienced serious side effects including listeriosis, hospitalization due to food poisoning, or other severe complications
- Your illness required medical treatment or hospitalization
- You can provide medical documentation linking your illness to contaminated broccoli consumption
- You have proof of purchase of the recalled product
Evidence Required for a Broccoli Recall Lawsuit
To successfully pursue a broccoli recall lawsuit, you will need:
- Medical records documenting your diagnosis and treatment
- Proof of purchase of the recalled product (receipts, bank statements)
- Documentation showing the product was subject to recall
- Timeline connecting consumption to illness onset
Damages You Can Recover
Victims of food poisoning from contaminated broccoli may be eligible to recover:
- Medical expenses for treatment and hospitalization
- Lost wages from time off work due to illness
- Pain and suffering associated with food poisoning
- Punitive damages in cases of gross negligence
Broccoli Recall Information
The most recent broccoli recall affects:
- Product: 12oz Marketside Broccoli Florets
- Best if used by date: December 10, 2024
- Distributor: Braga Fresh
- Reason: Potential contamination with Listeria monocytogenes
- FDA Notification: January 2, 2025
Previous recalls have affected numerous broccoli-containing products including vegetable trays, prepared meals, and pre-cut broccoli florets from various manufacturers.
Statute of Limitations for Broccoli Recall Lawsuits
The statute of limitations for filing a broccoli recall lawsuit varies by state but typically ranges from 1-3 years from the date of injury or discovery of illness. It’s critical to consult with an attorney promptly to ensure your claim is filed within the legal timeframe applicable in your state.
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See all related food poisoning lawsuits our lawyers covered so far.
FAQs
1. How do I know if I have a contaminated broccoli product?
Check the product’s packaging for batch numbers and expiration dates to determine if your product is included in any recalls. You can verify this information on the FDA’s recall website or the manufacturer’s website.
2. What should I do if I believe I have consumed contaminated broccoli?
If you experience symptoms such as fever, muscle aches, nausea, or diarrhea after consuming broccoli, seek medical attention immediately and inform your healthcare provider about the potential exposure to contaminated food.
3. How is Listeria infection diagnosed?
Listeria infection is typically diagnosed through a blood test or analysis of other body fluids. Your doctor may order specific tests if listeriosis is suspected based on your symptoms and history.
4. Can I file a lawsuit if I got sick but the product I consumed wasn’t officially recalled?
Yes, you may still have a case if you can establish that the product was contaminated and caused your illness, even if it wasn’t part of an official recall. Consult with an attorney to evaluate your specific situation.
5. How long do broccoli recall lawsuits typically take to resolve?
The timeframe varies depending on case complexity, but most food contamination lawsuits are resolved within 1-3 years, with some settling much more quickly.
6. Can I join a class action lawsuit for broccoli contamination?
Depending on the circumstances, class action lawsuits may be available. However, individual lawsuits are often more appropriate for cases involving serious illness or hospitalization.
7. What compensation amounts are typical in food contamination cases?
Compensation varies widely based on the severity of illness, medical expenses incurred, and other damages. Settlements can range from a few thousand dollars to substantial sums for cases involving hospitalization or long-term health effects.
8. How can I report a reaction to recalled broccoli?
Report your illness to your local health department and the FDA’s consumer complaint coordinator. Provide details about the product and your symptoms to assist in their investigation.
9. Will the manufacturer’s insurance cover my damages?
In most cases, food manufacturers have liability insurance that covers claims related to contaminated products. Your attorney will work to secure compensation from all available sources.
10. What should I do with recalled broccoli products I still have?
Do not consume recalled products. Return them to the place of purchase for a refund or dispose of them safely according to recall instructions.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for injuries related to contaminated broccoli products. Most states only allow 1-3 years from the date of injury to file your claim, and this timeline may be shorter in some jurisdictions.
Schmidt & Clark, LLP offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for representation
- Payment only if we win your case or secure a settlement
Don’t wait until it’s too late to seek the compensation you deserve for your suffering.
References
1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/braga-fresh-issues-voluntary-and-precautionary-advisory-due-possible-health-risk
2. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/taher-voluntarily-recalls-veggie-ranch-cups-cauliflower-because-possible-health-risk