If you believe your baby was injured by a defective baby food product, you can file a product liability lawsuit under the guidance of a Fall River product liability lawyer.
According to a 2021 Congressional report, several popular baby foods contained toxic metals such as lead and arsenic. This report has obviously raised concerns among parents who fear that their children might have been affected and what legal action they can take if this is the case.
A closer look at the congressional report
The subcommittee on Economic and Consumer Policy launched an investigation in 2019 following several reports that alleged there were high levels of toxic metals in baby foods. The following manufacturers were included in the reports:
- Gerber
- Hain Celestial Group, Inc
- Beech-Nut Nutrition Company
- Nurture Inc
Other companies such as Sprout Foods, Walmart, and Campbell’s Soup refused to be part of the investigation.
The investigation revealed that there were alarming levels of cadmium, lead, and arsenic in all the baby food manufacturers’ products. Additionally, there was a high level of mercury in baby foods manufactured by Beech-Nut nutrition company and Hain Celestial Group.
According to the World Health Organization and the US Food and Drug Administration, mercury, cadmium, lead, and inorganic arsenic is harmful the humans, especially babies. Even lower levels of these toxic metals can lead to irreversible brain damage.
Filing a product liability lawsuit
If your baby was harmed by a defective baby food product, you can hold the manufacturer liable. There are three types of defects in a product liability lawsuit:
Failure to warn
Manufacturers are obligated to warn consumers of the dangers that they should anticipate when using the product. This means that if the baby food you plan to buy contains high levels of mercury but the manufacturer does not include that information in the packaging warning potential customers of side effects, then you have a right to file a product liability lawsuit
Design defect
A manufacturer is obligated to design the products in such a way that they perform safely. The opposite would occur if, for example, a manufacturer designs cereal for children and it contains high levels of arsenic. The high levels of arsenic will cause children who consume the cereals to become sick.
Manufacturing defect
A product might be properly designed but a manufacturing defect can cause it to become harmful. An example is a situation whereby cereals become contaminated with mercury during the manufacturing process and as a result children who consume the cereal develop kidney problems
In a product liability case, your product liability lawyer in Fall River must work with you to prove that:
- The manufacturer owed you a duty of care.
- They breach the duty of care
- And as a result, they caused you significant harm
What’s the best course of action when you discover your child has been harmed by defective baby products
You should reach out to a Fall River product liability lawyer as soon as possible to schedule a free initial consultation. Your lawyer will review your case and advise you whether you should be part of a class-action lawsuit that’s already been filed or if you should file a separate lawsuit.
A lawsuit can help you recover money for pain and suffering, funeral expenses, cost of medical care, loss of life enjoyment and so much more.
Filing a product liability lawsuit does not cost anything because product liability lawyers in Fall River do not charge for initial consultations. You are also not obligated to take legal action simply because you consulted with one.
What can a Fall River product liability lawyer do for you?
Before filing a product liability lawsuit, your lawyer will collect information that supports your claim that the baby food was responsible for your baby’s injuries. You may need to show medical records or other documents that support your claim that the baby food harmed your baby.
Once your Fall River product liability lawyer has collected enough evidence, they will draft a complaint and file it in court. The draft will detail the damages you are seeking the injuries you’ve suffered, and why the manufacturers should be held liable for the death or injuries to your baby. To schedule a free initial consultation with one of our lawyers, contact us at 508-676-0001 as soon as possible.
