If you or a loved one experienced illness or injury after consuming contaminated butternut squash products, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to contaminated food products. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
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Table Of Contents
- Butternut Squash Lawsuit Overview
- Latest Butternut Squash Lawsuit Updates
- FDA Reports and Statistics
- Butternut Squash Injuries & Side Effects
- Do You Qualify for a Butternut Squash Lawsuit?
- Butternut Squash Recall Information
- Statute of Limitations for Butternut Squash Lawsuits
- FAQs
- 1. How Can Consumers Verify the Authenticity of a Butternut Squash Lawsuit?
- 2. What Role Do Food Safety Authorities Play in Butternut Squash Lawsuits?
- 3. How Does a Butternut Squash Lawsuit Process Differ From Other Food Product Lawsuits?
- 4. Are Class Action Lawsuits Common for Butternut Squash Contamination Cases?
- 5. What Types of Expert Witnesses Are Crucial in Butternut Squash Lawsuits?
- 6. How Long Do Butternut Squash Lawsuits Typically Take to Resolve?
- 7. What Compensation Amounts Are Typical in Butternut Squash Contamination Cases?
- 8. How Can I Determine If My Illness Is Connected to a Recalled Butternut Squash Product?
- Get A Free Butternut Squash Lawsuit Evaluation With Our Lawyers
- References:
Butternut Squash Lawsuit Overview
Numerous food safety recalls have targeted butternut squash products across multiple states due to potential Listeria monocytogenes contamination.
Major food companies including True Goodness, Mann Packing, and Pero Family Farms have issued recalls affecting pre-cut butternut squash products, chunks, and spiralized vegetables.
These contaminated products have been linked to several reported illnesses across the United States, with multiple hospitalizations reported.
Latest Butternut Squash Lawsuit Updates
- 07/29/2023 – Pero Family Farms recalled several butternut squash products after FDA inspections revealed potential Listeria contamination at processing facilities in Florida. Multiple hospitalizations reported across three states.
- 07/15/2023 – Pero Family Farms extends previous butternut squash Tray 10/12oz recall to include additional production dates after further testing revealed widespread contamination issues.
- 05/08/2023 – Mann Packing issued a voluntary nationwide recall of butternut squash products potentially contaminated with Listeria monocytogenes. The recall affects products sold under multiple brand names at major retailers.
- 03/22/2023 – Pero Family Farms Glu Butternut veggie Noodle Tray 10/12oz recalled after routine testing identified Listeria contamination at a Florida processing facility.
- 02/15/2023 – Food Safety News reports multiple confirmed cases of Listeria infection linked to pre-packaged butternut squash products across six states.
FDA Reports and Statistics
According to the U.S. Food & Drug Administration (FDA) [1], the recall affects:
- 12,208 cases of pre-cut butternut squash products distributed nationwide
- 37 reported cases of Listeria infection linked to contaminated butternut squash
- 15 hospitalizations reported across 8 states
- 0 deaths reported to date
The FDA has collected data from the Manufacturer and User Facility Device Experience (MAUDE) database, showing 28 adverse event reports related to contaminated butternut squash products between January 2022 and April 2023.
The majority of these reports indicate gastrointestinal issues within 1-3 days of consuming the affected products.
Butternut Squash Injuries & Side Effects
Consumption of Listeria-contaminated butternut squash products can lead to several serious health conditions, particularly in vulnerable populations:
- Listeriosis: High fever, severe headache, stiffness, nausea, abdominal pain, and diarrhea
- Invasive Listeria infection: Can spread beyond the gastrointestinal tract, causing life-threatening complications
- Pregnancy complications: Miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn
- Meningitis: Inflammation of the membranes surrounding the brain and spinal cord
- Septicemia: Bloodstream infection that can lead to septic shock
Do You Qualify for a Butternut Squash Lawsuit?
You may qualify for a butternut squash lawsuit if:
- You purchased and consumed recalled butternut squash products between January 2022 and July 2023
- You experienced symptoms of Listeria infection within 70 days of consumption
- You required medical treatment for your illness
- You can provide documentation of your purchase and medical treatment
- Your illness has been diagnosed as Listeria infection or another foodborne illness
- You have retained medical records linking your illness to contaminated food products
Evidence Required for a Butternut Squash Lawsuit
To build a strong case, you will need to gather the following evidence:
- Medical records documenting your illness and treatment
- Proof of purchase of the recalled butternut squash products (receipts, credit card statements, store loyalty program records)
- Food safety alerts or recall notices related to the products you purchased
- Documentation of missed work and lost income due to your illness
- Any communications with the manufacturer or retailer regarding the contaminated product
Damages You Can Recover
Victims of foodborne illness from contaminated butternut squash products may be entitled to compensation for:
- Medical expenses including hospitalization, medication, and ongoing treatment
- Lost wages and diminished earning capacity
- Pain and suffering related to the illness
- Emotional distress
- Punitive damages in cases of gross negligence
- Wrongful death damages for families who lost loved ones
Butternut Squash Recall Information
According to the U.S. Food & Drug Administration (FDA), this recall affects:
- Manufacturer: Pero Family Farms, Mann Packing, True Goodness
- Products: Various pre-cut butternut squash products including cubes, chunks, and spiralized vegetables
- Distribution: Nationwide at major retailers including Walmart, Target, Kroger, and Publix
- Dates: Products with “best by” dates between January 2022 and July 2023
- Reason for Recall: Potential contamination with Listeria monocytogenes detected during routine testing
The recalled butternut squash products were packaged in flexible clear plastic containers in sizes ranging from 10 oz to 32 oz, and distributed under the Pero Family Farms brand name.
On July 9, 2023, the FDA announced the following ID codes: Glu Butternut Veggie Sprl Mix 10/12oz (UPC 0-73052-03253-7) and Glu Butternut Veggie Spirals 10/12oz.
Statute of Limitations for Butternut Squash Lawsuits
The statute of limitations for filing a butternut squash lawsuit varies by state:
- Most states allow 2-3 years from the date of injury to file a claim
- Some states permit extended timeframes if the contamination was discovered later
- The discovery rule may apply, starting the clock from when you discovered (or should have discovered) that your illness was related to the product
- For minors, the statute of limitations may be extended until they reach adulthood
It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.
Related articles:
- Butternut Spirals Recall Listeria Lawsuit
- Veggie Recall Poisoning Lawsuit
- Listeria Outbreak Lawsuit Update (2023)
See all related food poisoning lawsuits our lawyers covered so far.
FAQs
1. How Can Consumers Verify the Authenticity of a Butternut Squash Lawsuit?
Legitimate butternut squash lawsuits are typically handled by established personal injury or product liability law firms. Before providing any personal information, verify the law firm’s credentials by contacting legitimate legal websites, checking online reviews from a trusted source, and ensuring they have experience in food product liability cases.
The FDA and CDC monitor foodborne illness outbreaks and issue official recalls for contaminated products. Their investigations provide critical evidence for lawsuits, and they often directly prioritize product removal and tracking contamination sources. These official findings strengthen the evidence in butternut squash lawsuits.
3. How Does a Butternut Squash Lawsuit Process Differ From Other Food Product Lawsuits?
A butternut squash lawsuit process relies heavily on testing to identify specific pathogens and their origins. These cases require specialized knowledge about agricultural supply chains and generally follow similar legal procedures to other food product lawsuits, with emphasis on tracing contamination through complex distribution networks.
4. Are Class Action Lawsuits Common for Butternut Squash Contamination Cases?
Class action lawsuits are increasingly common for butternut squash contamination cases when many consumers experience similar injuries from the same batch or product line. This approach consolidates similar claims against the manufacturer, making the legal process more efficient and potentially increasing settlement amounts through collective action.
5. What Types of Expert Witnesses Are Crucial in Butternut Squash Lawsuits?
Successful butternut squash lawsuits typically rely on testimony from food safety experts, agricultural specialists, epidemiologists tracking contamination patterns, and medical professionals who can establish a direct link between the contamination and specific health outcomes. These experts help establish causation and damages.
6. How Long Do Butternut Squash Lawsuits Typically Take to Resolve?
Most butternut squash contamination cases settle within 8-14 months, though complex cases involving multiple plaintiffs or severe injuries may take longer. Factors affecting timeline include the scope of the outbreak, number of affected individuals, and whether the case settles or proceeds to trial.
7. What Compensation Amounts Are Typical in Butternut Squash Contamination Cases?
Compensation varies widely based on illness severity, medical costs, and lost income. Minor cases may settle for $5,000-$25,000, while serious cases requiring hospitalization typically range from $50,000-$250,000. Cases involving permanent injury or death may result in settlements exceeding $1,000,000.
8. How Can I Determine If My Illness Is Connected to a Recalled Butternut Squash Product?
If you experienced symptoms within 70 days after consuming recalled butternut squash, you should contact your healthcare provider for proper testing. Keep product packaging, receipts, and medical records documenting your illness timeline. A specialized food safety attorney can help determine if your case qualifies for legal action.
Get A Free Butternut Squash Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for foodborne illness cases. Most states impose a strict statute of limitations of only 2-3 years from the date of injury, and evidence preservation becomes more difficult with passing time.
Our experienced food safety attorneys at Schmidt & Clark, LLP specialize in holding food manufacturers accountable for contaminated products. We offer:
- Free, confidential consultations
- No upfront costs or fees
- Payment only if we win your case
- Nationwide representation
- Decades of experience with foodborne illness litigation
Don’t wait until it’s too late to seek the compensation you deserve for your suffering.
References:
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/pero-family-farms-food-co-issues-voluntary-recall-due-possible-health-risk