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Table Of Contents
- Friendly’s Ice Cream Lawsuit Overview
- Latest Friendly’s Ice Cream Lawsuit Updates
- FDA Reports and Statistics
- Friendly’s Ice Cream Injuries & Side Effects
- Do You Qualify for a Friendly’s Ice Cream Lawsuit?
- Friendly’s Ice Cream Recall Information
- Statute of Limitations for Friendly’s Ice Cream Lawsuits
- FAQs
- 1. What should I do if I purchased recalled Friendly’s Ice Cream products?
- 2. How is Listeria infection diagnosed?
- 3. How long after consuming contaminated ice cream might symptoms appear?
- 4. Are some people more at risk for severe Listeria infection?
- 5. Why does Schmidt & Clark, LLP prefer individual lawsuits over class actions?
- 6. What is the timeline for a Friendly’s Ice Cream lawsuit?
- 7. What compensation might I receive from a successful lawsuit?
- 8. Can I file a lawsuit if I purchased recalled products but didn’t get sick?
- 9. How do I prove my illness was caused by Friendly’s Ice Cream?
- 10. Can I join an existing lawsuit against Friendly’s Ice Cream?
- Take Action Now: Time-Sensitive Legal Claims
Friendly’s Ice Cream Lawsuit Overview
The Friendly’s Ice Cream lawsuits involve allegations of Listeria monocytogenes contamination in various ice cream products. FDA inspections found serious violations including the presence of Listeria bacteria at the manufacturing plant in Wilbraham, Massachusetts. Eight environmental swabs tested positive for the same strain of Listeria monocytogenes. Regulatory action includes product recalls and warning letters issued to the manufacturer.
Latest Friendly’s Ice Cream Lawsuit Updates
June 24, 2024 – Totally Cool, Inc. issued a significant recall for various Friendly’s Ice Cream products due to potential Listeria monocytogenes contamination, including 60 fl. oz. Celebration Ice Cream Cake and 40 fl. oz. Strawberry Krunch Ice Cream Cake with best-by dates between May 20, 2024, and May 28, 2025.
April 11, 2023 – Friendly’s Ice Cream Corp is facing ongoing lawsuits that could impact the company’s reputation and consumer claims related to its products [1].
FDA Reports and Statistics
According to FDA inspection reports, the following violations were documented:
- Multiple positive Listeria swabs testing positive for the same strain of Listeria monocytogenes as found in a 2017 inspection [2]
- Multiple employee hygiene violations including failure to wash, sanitize, or change gloves after handling scoop handles and opening boxes
- Facility construction issues that did not prevent contamination from drip or condensate from fixtures and pipes
- Improper cleaning practices with cake molds containing food debris from previous use
- Inadequate use of equipment during cleaning, with employees using high-pressure hoses causing overspray near production areas
- The FDA Office of Human and Animal Food Operations sent Friendly’s a warning letter after finding violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation.
Friendly’s Ice Cream Injuries & Side Effects
Listeria infection (listeriosis) from contaminated ice cream can cause a range of symptoms that vary in severity:
- Mild symptoms: Low-grade fever, headache, mild nausea, and abdominal discomfort
- Moderate symptoms: High fever (over 101°F), severe headache, stiffness, nausea, vomiting, and diarrhea
- Severe symptoms: Severe headache, stiff neck, confusion or altered mental status, respiratory distress, and persistent vomiting
- Pregnancy complications: Miscarriage, stillbirth, or severe illness in newborns
Do You Qualify for a Friendly’s Ice Cream Lawsuit?
You may qualify for a Friendly’s Ice Cream lawsuit if:
- You consumed Friendly’s Ice Cream products, particularly the recalled items (60 fl. oz. Celebration Ice Cream Cake or 40 fl. oz. Strawberry Krunch Ice Cream Cake)
- You consumed products with production dates between May 20, 2024 and May 28, 2025
- You experienced symptoms of Listeria infection including fever, headache, stiffness, nausea, vomiting, or diarrhea
- You sought medical treatment for your symptoms
- You can provide medical documentation linking your illness to Friendly’s products
Evidence Required for a Friendly’s Ice Cream Lawsuit
To strengthen your case, you should gather:
- Purchase receipts for the affected Friendly’s Ice Cream products
- Medical records documenting treatment related to Listeria infection or symptoms
- Laboratory test results confirming a diagnosis of Listeriosis
- Detailed timeline of consumption and symptoms experienced
- Any communication with health authorities regarding your illness
Damages You Can Recover
A successful Friendly’s Ice Cream lawsuit may allow you to recover compensation for:
- Medical expenses including hospitalization, medication, and ongoing treatment
- Lost wages due to time away from work during illness and recovery
- Pain and suffering caused by the illness and its complications
- Punitive damages in cases of gross negligence
Friendly’s Ice Cream Recall Information
Totally Cool, Inc. has recalled the following Friendly’s Ice Cream products:
Friendly’s 60 fl. oz. Celebration Ice Cream Cake
- All dates between 05/20/2024 – 05/28/2025
- Plant Codes: 24-65, 24-0065, 2465, 240065
Friendly’s 40 fl. oz. Strawberry Krunch Ice Cream Cake
- All dates between 05/20/2024 – 05/28/2025
- Plant Codes: 24-65, 24-0065, 2465, 240065
These products were distributed nationwide through retail locations and direct delivery. The recall officially began on June 24, 2024.
Statute of Limitations for Friendly’s Ice Cream Lawsuits
The time limit to file a Friendly’s Ice Cream lawsuit varies by state. Food poisoning cases typically have statutes of limitations ranging from 1-3 years from the date of injury or discovery of illness. Consult with an attorney promptly to ensure your claim is filed within the applicable timeframe in your state.
Related lawsuits:
- Blue Bunny Ice Cream Listeria Poisoning Lawsuit
- Jeni’s Splendid Ice Cream Recall
- Peekaboo Ice Cream Lawsuit
See all related food poisoning lawsuits our lawyers have taken on.
FAQs
1. What should I do if I purchased recalled Friendly’s Ice Cream products?
Check your freezer for any Friendly’s Ice Cream products matching the recalled dates and plant codes. Do not consume these products. Either dispose of them or return them to the point of purchase for a full refund. Monitor your health for symptoms of Listeria infection.
2. How is Listeria infection diagnosed?
Listeria infection is typically diagnosed through blood tests or analysis of spinal fluid. If you suspect Listeria infection, seek medical attention immediately as proper testing is essential for diagnosis and treatment.
3. How long after consuming contaminated ice cream might symptoms appear?
Symptoms of Listeria infection can appear anywhere from 3 to 70 days after consumption, with most cases developing within 1-4 weeks of exposure. Mild symptoms may appear within 24-48 hours.
4. Are some people more at risk for severe Listeria infection?
Yes, pregnant women, elderly individuals, infants, and those with weakened immune systems face higher risks of severe complications from Listeria infection. These high-risk groups should be particularly cautious and seek medical attention promptly if symptoms develop.
5. Why does Schmidt & Clark, LLP prefer individual lawsuits over class actions?
Schmidt & Clark, LLP believes individual lawsuits offer higher potential compensation, personalized attention from attorneys, and often faster resolution compared to class action suits. Each case is evaluated based on its unique circumstances to maximize compensation.
6. What is the timeline for a Friendly’s Ice Cream lawsuit?
The process typically includes initial consultation (1-2 weeks), gathering documentation (2-4 weeks), case evaluation (2-6 weeks), filing the lawsuit (1-2 weeks), discovery phase (3-6 months), settlement negotiation (1-3 months), and potentially trial if no settlement is reached.
7. What compensation might I receive from a successful lawsuit?
Compensation varies based on factors including severity of illness, medical expenses incurred, lost wages, and long-term health effects. Successful lawsuits may result in compensation for medical bills, lost income, pain and suffering, and potentially punitive damages.
8. Can I file a lawsuit if I purchased recalled products but didn’t get sick?
Generally, you must have suffered actual harm to pursue a personal injury lawsuit. However, you may be entitled to a refund for the recalled products. Consult with an attorney about your specific situation.
9. How do I prove my illness was caused by Friendly’s Ice Cream?
Establishing causation typically requires purchase receipts, medical records documenting your illness, laboratory tests confirming Listeria infection, and a timeline showing consumption of the product before symptom onset. Your attorney will help gather and present this evidence.
10. Can I join an existing lawsuit against Friendly’s Ice Cream?
Yes, you may be able to join ongoing litigation if your circumstances are similar. Contact Schmidt & Clark, LLP to discuss your options and determine the best approach for your specific situation.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for Listeria food poisoning cases. Most states restrict the timeframe to file claims to just 1-3 years from the date of injury.
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 win your case
If you suffered a food poisoning illness after eating Friendly’s ice cream, we know you’ve suffered emotionally and economically, and want to work with you personally to obtain the maximum compensation for the damages caused by your injuries. Contact us today to speak to an experienced food poisoning lawyer to learn more about your legal rights.
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References:
[1] https://www.law360.com/companies/friendly-ice-cream-corp