Botulism Legal Recourse
Botulism is a rare but dangerous disease caused by the botulism toxin. Since the botulism toxin is an anaerobic organism that thrives in moist, warm environments, it is often found in improperly manufactured canned foods. After ingesting the botulism bacteria, victims typically experience blurred vision, vertigo, difficulty swallowing and trouble breathing. These symptoms gradually worsen, causing partial or full paralysis of the body. In about 5-8 percent of botulism cases, the illness causes severe complications leading to the victims' death. Among surviving botulism victims, many are left with long-term impairments such as shortness of breath and partial paralysis.
In order to avoid harming consumers, food manufacturers and distributors are required by law to ensure that their products are reasonably safe. Thus, the food industry has an obligation to prepare all foods according to strict safety and sanitation guidelines, and to carry out diligent safety checks geared towards discovering and eliminating potential hazards. When failure to adhere to these standards results in harm to consumers, the food manufacturers and/or distributors involved may be held financially liable. Consumers can seek compensation for medical expenses, lost wages and reduced future income, as well as physical and emotional pain and suffering.
Botulism Lawsuits – Canned Foods
One of the largest botulism outbreaks associated with commercially manufactured canned foods was the Castleberry chili sauce epidemic. In 2007, eight people in Texas, Ohio and Indiana contracted botulism after eating Castleberry's canned hot dog chili sauce. Thousands more were potentially exposed to the botulism toxin as the company distributed its products through grocery stores throughout the United States. In order to avoid the spread of the botulism epidemic, a Castleberry recall was initiated including more than 90 products under 27 brand names. While not admitting liability, in 2008 Castleberry settled a lawsuit brought forth by the parents of Marissa and Samuel Cisneros who became violently ill after consuming the company's chili sauce. The company is currently litigating other lawsuits whereby victims are seeking at least $75,000 in damages.
In addition to Castleberry's Food Company, other large manufacturers of canned foods have also failed to provide consumers with safe products. For example, in 2006 a Nevada couple sued the Campbell Soup Company and Albertson's and Save Mart grocery stores after contracting botulism from Campbell's canned chicken broth. The couple experienced severe breathing difficulties and had to be put on ventilators for an extended period of time. As the illness advanced, the husband's breathing impairment led to respiratory arrest, which in turn led to hypoxic brain injury (brain damage caused by lack of oxygen).
Botulism Litigation – Other Defective Products
In addition to canned foods, botulism toxin can contaminate a variety of other consumer products. In 2006, one of the largest bottled juice producers in the United States, Bolthouse Farms, became the culprit of a nationwide botulism outbreak. The company's raw carrot juice tested positive for botulism toxin and was linked to the illness of at least six people. Tragically, one victim died due to botulism complications. Three victims had to receive extensive ventilator treatments lasting from 54 to 129 days, and two botulism patients remained on life-supporting ventilators until 2008. Several personal injury lawsuits have been filed by victims and/or their families seeking to hold Bolthouse Farms responsible for their suffering.
Besides contaminated food, botulism can also develop as a result of Botox injections. In 2009, the FDA issued a warning about Botox injections after it was discovered that the botulism toxin contained by Botox can spread to other parts of the body. Once the botulism toxin enters the bloodstream, it can potentially cause botulism. In fact, the FDA now requires that the manufacturers of Botox place a black box warning on the product's packaging, the strongest FDA warning short of a complete product recall.
Contacting Experienced Botulism Lawyers
The skilled lawyers of Aylstock, Witkin, Kreis & Overholtz have many years' experience helping victims of food poisoning and defective products advance their rights and hold liable those responsible for their suffering. If you or your loved one has been sickened by botulism and you suspect that the disease was caused by a defective product, contact AWKO Law at (888) 255-2956 for a thorough case review and recommendations regarding appropriate legal action. The attorneys of AWKO have extensive experience handling food poisoning cases arising from botulism, salmonella, E. coli, shigella and listeria outbreaks.
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Aylstock, Witkin, Kreis & Overholtz
803 North Palafox St.
Pensacola, Florida 32501
55 Baybridge Dr.
Gulf Breeze, Florida 32561
