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You’ve Suffered From a Food-Borne Illness. Can You Sue?

Sadly, there has been no shortage of incidents of food-borne illnesses and food product recalls in the past six months. If you have been sickened, can you sue?

Personal injury lawsuits or product liability lawsuits are avenues available for anyone who has sustained medical costs or had lost income and other damages.

Some recent incidents

There have been several recent incidents of food-borne illnesses and food product recalls:

  • At least 30 people in New Mexico were sickened last fall by Salmonella Newport likely from a multistate outbreak that resulted in the recall of 7 million pounds of beef from JBS. The Centers for Disease Control and Prevention reported 120 people in 22 states had been sickened.
  • In November, Tyson Foods recalled 36,420 pounds of chicken nuggets nationwide after consumers reported rubber in the nuggets.
  • Johnsonville in January recalled more than 48,000 pounds of raw ground pork patty products for possible rubber contamination. The products were shipped to 31 states, including New Mexico.
  • The FDA recalled fresh peaches, plums and nectarines for possible listeria contamination in 18 states (New Mexico is not one of them). The fruit was sold by small retailers and stores such as ALDI and Walmart.
  • Perdue in January recalled more than 16,000 pounds of chicken nuggets due to failure to list milk – a known allergen – on the products. The recall affects stores in 13 states (New Mexico is not one of them) and the District of Columbia.
  • In late January, Jimmy Dean recalled more than 29,000 pounds of sausages after reports surfaced of metal in the food.

Public report

In late January, the Public Interest Research Group issued a report that found an 83 percent increase in meat and poultry recalls between 2013 and 2018 while overall food recalls have increased by 10 percent over the same time.

If you are sickened by a defective or recalled product, is a lawsuit in your best interest? If you were seriously injured, a lawsuit can help you recover damages for an injury that leaves you with lost wages, medical and hospital costs, and other damages.

To maneuver through the legal labyrinth of potential lawsuits, contact a qualified lawyer to make sure you receive the best representation possible.


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We are dedicated to supporting families during the most challenging times, with a focus exclusively on cases involving catastrophic injuries or the loss of a loved one. Please reach out if you have any questions. We look forward to speaking with you.

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