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Table Of Contents
- Burkholderia Pseudomallei Lawsuit Overview
- Latest Burkholderia Pseudomallei Lawsuit Updates
- FDA Reports and Statistics
- Burkholderia Pseudomallei Injuries & Side Effects
- Do You Qualify for a Burkholderia Pseudomallei Lawsuit?
- Burkholderia Pseudomallei Recall Information
- Statute of Limitations for Burkholderia Pseudomallei Lawsuits
- FAQs
- 1. What is Burkholderia pseudomallei and how does it cause infection?
- 2. How long after exposure do melioidosis symptoms appear?
- 3. What makes this outbreak unusual compared to typical melioidosis cases?
- 4. How much compensation can victims receive in these lawsuits?
- 5. Do I need the original product bottle to file a lawsuit?
- 6. How long do these lawsuits typically take to resolve?
- 7. Are there any costs to hire a lawyer for these cases?
- 8. Can family members file wrongful death claims?
- 9. What should I do if I still have the recalled product?
- 10. Are there other products at risk for similar contamination?
- Get a Free Burkholderia Pseudomallei Lawsuit Evaluation With Our Lawyers
Burkholderia Pseudomallei Lawsuit Overview
Legal action has emerged against Walmart and product manufacturers following a deadly bacterial outbreak linked to Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones.
The primary allegations center on product contamination with Burkholderia pseudomallei bacteria, which caused melioidosis infections in consumers who had no travel history to endemic areas.
According to CDC investigation findings, at least 4 confirmed cases occurred across Georgia, Kansas, Minnesota, and Texas, resulting in 2 deaths including one child.
The contaminated products were recalled after laboratory testing confirmed the presence of the dangerous bacteria in multiple spray bottles.
What is Burkholderia Pseudomallei?
Burkholderia pseudomallei is a rare bacteria that causes melioidosis, also known as Whitmore’s disease, an infectious disease that can infect humans or animals. The infection is spread to humans and animals through direct contact with a contaminated source.
Melioidosis is predominately a disease of tropical climates, especially in Southeast Asia and northern Australia where it is widespread.
However, in addition to being found in the recalled Walmart aromatherapy spray, B. pseudomallei was found in the environment along the Gulf Coast of Mississippi in 2022.
Melioidosis was detected in four U.S. residents who did not have a history of travel to melioidosis-endemic areas but who were exposed to an aromatherapy room spray or a component of the room spray that had been imported from India. Only the two adults had a medical history or conditions that were recognized as risk factors for melioidosis – NEJM.
Latest Burkholderia Pseudomallei Lawsuit Updates
- March 2022 – The New England Journal of Medicine published comprehensive findings linking the contaminated Walmart aromatherapy spray to a multi-state outbreak of melioidosis. The study documented 4 non-travel-associated cases caused by the same bacterial strain found in the recalled product, with detailed analysis of each victim’s symptoms and medical outcomes [1].
- October 2021 – The Consumer Product Safety Commission and CDC issued urgent public health warnings after identifying Burkholderia pseudomallei contamination in Better Homes and Gardens aromatherapy sprays. Approximately 3,900 bottles were recalled nationwide, with specific instructions for safe disposal and environmental decontamination [2].
- July 2021 – The first case was identified when a 5-year-old Georgia boy died after developing severe melioidosis infection. Initial COVID-19 diagnosis delayed proper treatment, and autopsy results revealed B. pseudomallei bacteria in his lungs, liver, spleen, and brain, launching the CDC investigation that would later identify the contaminated spray [3].
FDA Reports and Statistics
The FDA’s investigation revealed critical safety failures in the imported aromatherapy products.
Testing confirmed Burkholderia pseudomallei contamination in bottles manufactured in India and distributed through Walmart stores across multiple states.
The recall affected approximately 3,900 bottles of Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones sold between February and October 2021.
CDC surveillance data shows melioidosis typically affects fewer than 12 people annually in the United States, making this outbreak particularly significant.
The 4 confirmed cases represented a substantial increase in domestic melioidosis infections, with all victims having no travel history to endemic regions where the bacteria naturally occurs.
Laboratory analysis identified the same genetic strain of B. pseudomallei in both the contaminated spray bottles and patient samples, establishing definitive causation between product use and infection.
The bacteria was found to be viable and capable of causing severe illness through inhalation exposure.
Burkholderia Pseudomallei Injuries & Side Effects
According to the National Center for Biotechnology Information, melioidosis has a wide range of clinical presentations, the infection may be acute or chronic, localized or disseminated.
The disease mimics other infections like tuberculosis making the clinical diagnosis very challenging. Hence a strong clinical suspicion is required to make the correct diagnosis [4].
Burkholderia pseudomallei infection causes melioidosis, a serious bacterial disease with multiple clinical presentations ranging from localized infections to life-threatening septic shock.
- Pulmonary Infection: Most common presentation including pneumonia, chest pain, fever, nonproductive cough, and potential progression to septic shock.
- Bloodstream Infection: Septicemia with rapid onset, fever, breathing difficulties, upper abdominal pain, disorientation, and multiple organ involvement.
- Localized Infection: Skin and soft tissue involvement with pain, swelling, fever, and abscess formation in specific body areas.
- Disseminated Infection: Multi-organ system involvement with fever, weight loss, stomach pain, muscle aches, headache, and potential seizures.
What Kills Burkholderia Pseudomallei?
Burkholderia Pseudomallei is a stubborn, potentially deadly infection that causes pneumonia, abscesses, and, in the most severe cases, organ failure. Without treatment, it can kill within 48 hours.
B. pseudomallei is naturally resistant to many commonly prescribed antibiotics. However, with good supporting care and access to proper medications, fatalities drop to around 1 in 10, and most healthy adults can survive an infection with good care.
Otherwise, death sets in quickly.
There are many who have been treated with ineffective antibiotics for a period. – Dr. Direk Limmathurotsakul, Microbiologist with the University of Oxford and Mahidol University in Bangkok.
But by the time the disease is confirmed as melioidosis, he notes, “most of the time, the patient has already passed away.”
Do You Qualify for a Burkholderia Pseudomallei Lawsuit?
You may qualify for a Burkholderia pseudomallei lawsuit if:
- You purchased or used Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones between February 2021 and October 2021.
- You developed melioidosis infection or related complications after product use.
- You required medical treatment, hospitalization, or suffered permanent injuries.
- You can provide medical documentation confirming Burkholderia pseudomallei infection.
- You have no travel history to melioidosis-endemic areas during the relevant timeframe.
Evidence Required for a Burkholderia Pseudomallei Lawsuit
- Medical Documentation: Hospital records, laboratory test results confirming B. pseudomallei infection, treatment records, and ongoing medical care documentation.
- Product Evidence: Proof of purchase, receipts, product packaging, or remaining product bottles from the recalled batch.
- Usage Documentation: Evidence of product use in the home, witness statements, and timeline of symptoms following exposure.
- Financial Records: Medical bills, insurance claims, lost wage documentation, and expenses related to treatment and care.
Damages You Can Recover
- Medical Expenses: Past and future medical costs including hospitalization, intensive care, medications, and ongoing treatment.
- Lost Wages: Income lost due to illness, disability, or death of a family member.
- Pain and Suffering: Compensation for physical pain, emotional trauma, and reduced quality of life.
- Punitive Damages: Additional compensation to punish manufacturers for negligent contamination and inadequate safety testing.
Burkholderia Pseudomallei Recall Information
- Recall Date: October 2021
- Product Affected: Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones.
- Units Recalled: Approximately 3,900 bottles
- Recall Reason: Contamination with Burkholderia pseudomallei bacteria
- Distributor: Walmart stores nationwide
- Manufacturing Location: India
- CDC Disposal Instructions: Double-bag in sealed plastic bags, place in cardboard box, and return to Walmart stores for proper disposal.
Statute of Limitations for Burkholderia Pseudomallei Lawsuits
The statute of limitations for product liability lawsuits varies by state but typically ranges from 1-6 years from the date of injury discovery.
In cases involving Burkholderia pseudomallei infection, the limitations period generally begins when the infection is diagnosed and linked to the contaminated product.
- Georgia: 2 years from date of injury discovery
- Kansas: 2 years from date of injury discovery
- Minnesota: 6 years from date of injury discovery
- Texas: 2 years from date of injury discovery
Given the delayed symptom onset possible with melioidosis, courts may apply discovery rules that extend filing deadlines.
Consultation with legal counsel is essential to determine specific deadlines applicable to individual cases.
Related Article: Fabuloso Cleaner Recall Claim
FAQs
1. What is Burkholderia pseudomallei and how does it cause infection?
Burkholderia pseudomallei is a bacterial pathogen that causes melioidosis, also known as Whitmore’s disease. The bacteria can be inhaled, ingested, or enter through skin wounds, causing infections ranging from mild skin lesions to fatal septic shock.
2. How long after exposure do melioidosis symptoms appear?
Symptoms typically develop 2-4 weeks after exposure, though onset can range from hours to years. Some individuals may remain asymptomatic while others develop severe illness rapidly.
3. What makes this outbreak unusual compared to typical melioidosis cases?
This outbreak is unprecedented because all 4 victims had no travel history to endemic areas where B. pseudomallei naturally occurs. The contaminated consumer product represents the first documented case of melioidosis transmission through household aromatherapy products in the United States.
4. How much compensation can victims receive in these lawsuits?
Compensation varies based on injury severity, medical expenses, lost income, and other damages. Cases involving death or permanent disability typically result in higher settlement amounts, potentially reaching hundreds of thousands or millions of dollars.
5. Do I need the original product bottle to file a lawsuit?
While having the original product strengthens your case, it is not always required. Purchase receipts, credit card statements, witness testimony, and medical records linking symptoms to product use can establish sufficient evidence.
6. How long do these lawsuits typically take to resolve?
Product liability cases can take 1-3 years to resolve, depending on case complexity, number of plaintiffs, and defendant cooperation. Some cases may settle more quickly while others requiring extensive litigation may take longer.
7. Are there any costs to hire a lawyer for these cases?
Most product liability attorneys work on contingency fees, meaning you pay nothing unless they win your case. Legal fees are typically deducted from any settlement or judgment amount.
8. Can family members file wrongful death claims?
Yes, surviving family members can pursue wrongful death claims when melioidosis infection results in death. These claims may include funeral expenses, lost income, and compensation for emotional suffering.
9. What should I do if I still have the recalled product?
Stop using the product immediately, double-bag it in sealed plastic bags, place in a cardboard box, and return to Walmart. Do not dispose of it in regular trash. Clean all surfaces that contacted the product with undiluted disinfectant.
10. Are there other products at risk for similar contamination?
While this outbreak was linked to specific aromatherapy sprays, the contamination highlights broader concerns about imported personal care products. The FDA has increased scrutiny of similar products from the same manufacturing regions.
See all related product liability lawsuits our attorneys have taken on.
Get a Free Burkholderia Pseudomallei Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for Burkholderia pseudomallei infections linked to contaminated aromatherapy products. Most states allow only 2-6 years from the date of injury discovery to file product liability lawsuits.
At Schmidt & Clark, we provide:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for legal representation
- Payment only if we win your case through settlement or trial verdict
- Experienced legal team with product liability expertise
Our attorneys have successfully handled numerous product contamination cases and understand the complex medical and legal issues involved in melioidosis litigation.
We work with medical experts to establish causation and fight for maximum compensation for our clients.
References
- https://www.nejm.org/doi/full/10.1056/NEJMoa21161302.
- https://www.statnews.com/2021/10/22/melioidosis-outbreak-georgia-walmart/
- https://www.nbcnews.com/health/health-news/lavender-spray-was-supposed-freshen-homes-instead-killed-two-people-rcna18136
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9860102/