If you or a loved one experienced listeria infection following consumption of recalled kimchi 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.
Table Of Contents
- Kimchi Recall Lawsuit Overview
- Latest Kimchi Lawsuit Updates
- FDA Reports and Statistics
- Listeria Infection Symptoms & Side Effects
- Do You Qualify for a Kimchi Lawsuit?
- Kimchi Recall Information
- Statute of Limitations for Kimchi Lawsuits
- FAQs
- 1. What legal options are available if I get sick from eating contaminated kimchi?
- 2. What are the signs that kimchi may be contaminated?
- 3. How can I ensure the kimchi I buy is safe to eat?
- 4. How long does it take for listeria symptoms to appear after eating contaminated food?
- 5. How is a listeria infection diagnosed?
- 6. What compensation might be available through a kimchi lawsuit?
- 7. How long does a food poisoning lawsuit typically take to resolve?
- Take Action Now: Time-Sensitive Legal Claims
- References
Kimchi Recall Lawsuit Overview
The Kimchi Recall lawsuit centers on products contaminated with Listeria monocytogenes bacteria, which can cause serious and sometimes fatal infections.
According to the FDA, 5000 Years Foods, Inc. has recalled multiple kimchi products after routine sampling found Listeria contamination in their production facility [1].
The products were distributed primarily in Illinois but may have reached consumers nationwide through retail distribution channels.
The Kimchi lawsuit seeks compensation for individuals who suffered listeria infections after consuming these contaminated products.
Latest Kimchi Lawsuit Updates
July 14, 2021 – 5000 Years Foods, Inc. initiated a recall for multiple varieties of kimchi products after FDA routine sampling found Listeria monocytogenes in the production facility. The recall affected ten different kimchi varieties sold in various container sizes under the 5000 Years Foods brand name with code information “09052021” through “09252021” printed on the lid.
FDA Reports and Statistics
According to the Centers for Disease Control and Prevention (CDC), Listeria infections cause approximately 1,600 illnesses and 260 deaths annually in the United States [2].
Key statistics about Listeria contamination include:
- Pregnant women are 10 times more likely to get listeriosis than other people, and the infection can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn
- Adults aged 65 and older and people with weakened immune systems are approximately 4 times more likely to get listeriosis
- The hospitalization rate for listeriosis is about 94%, one of the highest for any foodborne illness
- The mortality rate for listeriosis is approximately 16%, making it one of the most deadly foodborne pathogens
- According to FDA data, there were approximately 225 food recalls due to potential Listeria contamination in the past five years
“Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women,” the FDA said.
Also Read: Henry’s Farm Soybean Sprouts Recall
Listeria Infection Symptoms & Side Effects
Consuming kimchi contaminated with Listeria monocytogenes can lead to a range of symptoms and potentially serious health complications, particularly for vulnerable populations.
- Gastrointestinal Symptoms: Nausea, vomiting, diarrhea, and abdominal pain typically appearing within 24 hours of consumption
- Flu-like Symptoms: High fever, severe headache, stiffness, fatigue, and muscle aches that can persist for several days
- Pregnancy Complications: Miscarriage, stillbirth, premature delivery, or life-threatening infection in newborns when infection occurs during pregnancy
- Neurological Complications: In severe cases, the infection can spread to the nervous system, causing meningitis (inflammation of the membranes surrounding the brain) or encephalitis (inflammation of the brain)
- Septicemia: Bloodstream infection that can lead to septic shock, a potentially fatal condition
Do You Qualify for a Kimchi Lawsuit?
You may qualify for a Kimchi lawsuit if:
- You purchased and consumed kimchi products manufactured by 5000 Years Foods, Inc. between September 2020 and July 2021
- The products were from the following varieties: Sliced Cabbage Kimchi, Whole Cabbage Kimchi, Julrado Whole Cabbage Kimchi, Julrado Sliced Cabbage Kimchi, No MSG Whole Cabbage Kimchi, No MSG Sliced Cabbage Kimchi, No MSG Julrado Whole Cabbage Kimchi, No MSG Julrado Sliced Cabbage Kimchi, White Kimchi, or Baby Napa Kimchi
- You developed symptoms of listeria infection within 70 days of consuming the contaminated kimchi
- You sought medical treatment for your symptoms
- Your doctor diagnosed you with listeriosis or a related foodborne illness
- You experienced complications such as hospitalization, pregnancy complications, or long-term health issues as a result of the infection
Evidence Required for a Kimchi Lawsuit
To support your Kimchi lawsuit, you will need:
- Proof of purchase of the recalled kimchi products (receipts, bank statements, etc.)
- Medical records documenting your listeria infection diagnosis
- Documentation of your treatment and recovery process
- Evidence linking your illness to the consumption of the recalled kimchi
- Documentation of any pregnancy complications if applicable
- Records of any work missed due to your illness
- Documentation of any long-term health effects resulting from the infection
Damages You Can Recover
In a successful Kimchi lawsuit, you may be entitled to compensation for:
- Medical expenses related to the treatment of your listeria infection
- Lost wages if you had to miss work due to your illness
- Pain and suffering caused by the food poisoning
- Emotional distress, particularly in cases involving pregnancy complications
- Long-term health complications resulting from the listeria infection
- Wrongful death damages if a family member died from listeriosis
- Punitive damages in cases of gross negligence
Kimchi Recall Information
The recall affects multiple kimchi products manufactured by 5000 Years Foods, Inc. Key recall details include:
- Recall Date: July 14, 2021
- Affected Products:
- SLICED CABBAGE KIMCHI
- WHOLE CABBAGE KIMCHI
- JULRADO WHOLE CABBAGE KIMCHI
- JULRADO SLICED CABBAGE KIMCHI
- NO MSG WHOLE CABBAGE KIMCHI
- NO MSG SLICED CABBAGE KIMCHI
- NO MSG JULRADO WHOLE CABBAGE KIMCHI
- NO MSG JULRADO SLICED CABBAGE KIMCHI
- WHITE KIMCHI
- BABY NAPA KIMCHI
- Packaging: Products were sold in 5GAL plastic tubs, and 128 oz, 64 oz, 32 oz, & 16 oz glass jars
- Brand Name: 5000 Years Foods
- Identification Codes: “09052021” through “09252021” printed on the top of the lid
- Distribution: Primarily in Illinois, with potential nationwide distribution through retail channels
- Reason for Recall: Routine FDA sampling found Listeria monocytogenes in the production facility
- Consumer Action: Do not consume affected products; return to place of purchase or discard immediately
Statute of Limitations for Kimchi Lawsuits
The statute of limitations for food poisoning cases, including Kimchi lawsuits, varies by state but typically ranges from 1-6 years from the date of illness.
Some states also have a “discovery rule,” which means the clock starts ticking when you discover or reasonably should have discovered that your illness was caused by the contaminated food.
In cases involving minors, the statute of limitations may be extended until the child reaches the age of majority.
Related Articles:
FAQs
See all related food poisoning lawsuits our attorneys covered so far.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for illness caused by contaminated kimchi. Most states have a statute of limitations of only 1-6 years from the date of illness, so it’s crucial to act promptly to protect your legal rights.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case
Don’t delay in seeking the compensation you and your family deserve. Contact our experienced legal team today to discuss your potential Kimchi lawsuit.
References
1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/5000-years-foods-inc-recall-cabbage-kimchi-because-possible-health-risk
2. https://www.cdc.gov/listeria/hcp/clinical-overview/index.html#:~:text=Mortality%20rates,or%20death%20of%20the%20newborn.