Published by If you or a loved one experienced listeria food poisoning following consumption of recalled Dierbergs Kitchen products, you may be entitled to pursue compensation.
At Schmidt & Clark, 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 today for a free, no-obligation consultation.
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Should you or a family member have suffered injuries, it’s imperative you reach out to our legal team without delay. You could be eligible for financial restitution through a Dierbergs Kitchen Recall Lawsuit, and our attorneys are here to assist. For a No-Cost Confidential Evaluation of your case, please hit the button below or feel free to contact us at any time, 24 hours a day, by calling (866) 588-0600.
Table Of Contents
- Dierbergs Kitchen Recall Lawsuit Overview
- Latest Dierbergs Kitchen Recall Lawsuit Updates
- FDA Reports and Statistics
- Listeria Injuries & Side Effects
- Do You Qualify for a Dierbergs Kitchen Recall Lawsuit?
- Which Products Are Being Recalled?
- Statute of Limitations for Dierbergs Kitchen Recall Lawsuits
- FAQs
- 1. What Types of Damages Can Be Claimed in a Lawsuit Involving the Dierbergs Kitchen Recall?
- 2. How Can Consumers Determine If They Were Affected by the Dierbergs Kitchen Recall?
- 3. What Evidence Is Necessary to Support a Claim in a Dierbergs Kitchen Recall Lawsuit?
- 4. How Long Do I Have to File a Dierbergs Kitchen Recall Lawsuit?
- 5. What Makes Someone Eligible for Compensation in a Food Recall Case?
- 6. How Long Does a Food Poisoning Lawsuit Typically Take to Resolve?
- 7. Will My Case Go to Trial or Settle Out of Court?
- Take Action Now: Time-Sensitive Legal Claims
- References
Dierbergs Kitchen Recall Lawsuit Overview
The Dierbergs Kitchen recall lawsuits stem from potential listeria contamination in various prepared food items.
The primary allegations involve the company’s failure to ensure food safety and prevent contaminated products from reaching consumers.
These products were recalled as a precautionary measure following the identification of contamination in egg products sourced from Almark Foods, which were used as ingredients in Dierbergs Kitchen items. The recall affected products distributed to all 25 Dierbergs Markets locations.
Latest Dierbergs Kitchen Recall Lawsuit Updates
December 27, 2019 – Dierbergs Markets issued a voluntary recall of several prepared food items that potentially contained hard-boiled eggs contaminated with Listeria monocytogenes. The recall was initiated after their supplier, Almark Foods, recalled their egg products due to potential listeria contamination.
FDA Reports and Statistics
According to the FDA, the Dierbergs Kitchen recall was classified as a “precautionary measure” taken for customer safety.
While no listeria infections have been directly linked to Dierbergs foods, at least 7 known illnesses across 5 states have been associated with Almark’s recalled egg products [1].
The Centers for Disease Control and Prevention (CDC) reports that approximately 1,600 people get listeriosis each year in the United States, with about 260 deaths resulting from these infections [2].
Listeria Injuries & Side Effects
Listeria infection can cause a range of symptoms from mild to severe, with pregnant women, newborns, older adults, and people with weakened immune systems at highest risk of serious complications.
- Mild Listeriosis: Fever, muscle aches, nausea, and diarrhea
- Invasive Listeriosis: Headache, stiff neck, confusion, loss of balance, and convulsions
- Pregnancy Complications: Miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn
- Long-term Effects: Potential for neurological damage and long-term health complications
Signs and symptoms of listeria food poisoning, or listeriosis, may include:
- Fever
- Muscle aches
- Nausea
- Diarrhea
If the infection spreads to the nervous system, symptoms may also include:
- Headache
- Stiff neck
- Confusion or changes in alertness
- Loss of balance
- Convulsions
Source: Mayo Clinic [3]
If you purchased any of the above items, you should not eat them, and either discard them immediately or return them to the point of purchase for a refund.
Do You Qualify for a Dierbergs Kitchen Recall Lawsuit?
You may qualify for a Dierbergs Kitchen recall lawsuit if:
- You purchased and consumed one of the recalled Dierbergs Kitchen products in December 2019
- You experienced symptoms of listeria infection following consumption of the recalled product
- Your illness required medical treatment or hospitalization
- You can provide documentation of your purchase and medical records linking your illness to the contaminated product
Evidence Required for a Dierbergs Kitchen Recall Lawsuit
- Proof of purchase of the recalled products (receipts, credit card statements)
- Medical records documenting your listeria infection and treatment
- Documentation showing the timeline between consumption and illness onset
- Any lab tests confirming listeria infection
Damages You Can Recover
- Medical Expenses: Costs for hospitalization, medication, ongoing treatment, and related medical care
- Lost Wages: Compensation for time missed from work due to illness
- Pain and Suffering: Damages for physical pain and emotional distress
- Punitive Damages: Additional compensation in cases of gross negligence
Which Products Are Being Recalled?
Dec. 27, 2019 – The following Dierbergs Kitchen products are subject to the recall:
- Dierbergs Kitchen Kosher Potato Salad
- Dierbergs Kitchen Creamy Red Potato Salad
- Dierbergs Kitchen Deviled Egg Salad
- Dierbergs Kitchen Remoulade
- Dierbergs Kitchen Salad Togo Grilled Chicken Cobb Salad
- Dierbergs Kitchen Salad Togo Classic Ham & Turkey Chef Salad
For sizes, UPC codes, and use-by dates of affected products, please view the FDA recall notice. The recalled foods were distributed to all 25 Dierbergs Markets, FDA said.
The agency classifies this recall as a “precautionary measure” done for the safety of their customers. To date, no listeria infections have been linked to Dierbergs foods; however, at least 7 known illnesses in 5 states have been associated with Almark’s recalled egg products.
Statute of Limitations for Dierbergs Kitchen Recall Lawsuits
The statute of limitations for food poisoning cases varies by state, generally ranging from 1 to 6 years from the date of injury or discovery of illness. For specific timeframes in your state, please consult with our attorneys as soon as possible to ensure your claim is filed within the legal deadline.
Related Articles:
- Inspired Organics Hard-Cooked Eggs Recall
- Pete & Gerry’s Egg Recall Suits
- Eggland’s Best Eggs Recall Case
FAQs
1. What Types of Damages Can Be Claimed in a Lawsuit Involving the Dierbergs Kitchen Recall?
Damages may include medical expenses, property damage, lost wages, and compensation for pain and suffering resulting from the use of recalled Dierbergs Kitchen products.
2. How Can Consumers Determine If They Were Affected by the Dierbergs Kitchen Recall?
Consumers can check recall notices, review purchase records, contact the retailer, and monitor for symptoms of illness related to the recalled Dierbergs Kitchen products.
3. What Evidence Is Necessary to Support a Claim in a Dierbergs Kitchen Recall Lawsuit?
Necessary evidence includes proof of purchase, medical records showing harm, recall notices, and documentation linking the harm to the recalled Dierbergs Kitchen products.
4. How Long Do I Have to File a Dierbergs Kitchen Recall Lawsuit?
The timeframe varies by state, but generally, you have between 1-6 years from the date of injury to file a claim. Consulting with an attorney promptly is crucial to ensure you don’t miss important deadlines.
5. What Makes Someone Eligible for Compensation in a Food Recall Case?
Eligibility typically requires proof of purchase of the recalled product, evidence of consumption, documented illness or injury linked to the contaminated food, and medical treatment for related symptoms.
6. How Long Does a Food Poisoning Lawsuit Typically Take to Resolve?
The timeline varies based on case complexity, ranging from several months to a few years. Simple cases may settle quickly, while those requiring litigation can take longer to reach resolution.
7. Will My Case Go to Trial or Settle Out of Court?
Most food poisoning cases settle before trial, but our attorneys prepare every case thoroughly for the possibility of trial to ensure you receive maximum compensation.
See all related food poisoning lawsuits our lawyers have taken on.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for injuries related to the Dierbergs Kitchen recall. Most states have a statute of limitations of only 2-3 years from the date of injury for food poisoning cases.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we secure compensation for you
Don’t wait until it’s too late to seek justice. Contact our experienced food poisoning attorneys today to protect your rights and pursue the compensation you deserve.
References
1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts
2. https://www.cdc.gov/listeria/index.html
3. https://www.mayoclinic.org/diseases-conditions/listeria-infection/symptoms-causes/syc-20355269