Enjoy Premium Coconut Cookie Allergy Injury Lawsuit Lawyers

How To Seek Compensation for Undeclared Milk Allergen-Related Injuries

In September 2024, KTM Services, a Hawaii-based company, issued a recall for its Enjoy Premium Coconut Cookies sold in 5.3-ounce and 17.7-ounce packages. The recall was initiated because these cookies contained milk, a major allergen, which was not declared on the product label. The U.S. Food and Drug Administration (FDA) has since classified this recall as a Class I, the highest risk level, indicating a reasonable probability that consumption could lead to serious adverse health consequences or death.

The affected products have best-by dates ranging from September 12, 2024, to August 8, 2024, and were sold in retail stores across Hawaii, Guam, Las Vegas, Nevada, and online. In total, 9,734 units of the 5.3-ounce packages and 1,275 units of the 17.7-ounce packages are subject to the recall. The presence of an undeclared allergen like milk poses significant risks to consumers, particularly those with milk allergies or lactose intolerance.

How Undeclared Allergens Harm Consumers

Undeclared allergens in food products can have severe and sometimes life-threatening effects on individuals with allergies. Milk is one of the nine major allergens recognized by the FDA, alongside soybeans, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and sesame. When these allergens are not properly disclosed on product labels, consumers are unable to make informed choices, putting their health at risk.

For someone with a milk allergy, consuming even a small amount can trigger reactions ranging from mild to severe. Symptoms may include hives, rashes, swelling of the lips, face, or throat, vomiting, diarrhea, abdominal cramps, coughing, and wheezing. In extreme cases, it can lead to anaphylaxis—a rapid, severe allergic reaction that can cause difficulty breathing, a drop in blood pressure, loss of consciousness, and even death if not treated promptly.

The impact of such an allergic reaction goes beyond immediate physical symptoms. Victims may incur substantial medical expenses from emergency treatments, hospital stays, and follow-up care. There can also be emotional trauma associated with the experience, especially if the reaction was severe or life-threatening. Additionally, time off work for recovery can lead to lost wages, further exacerbating the financial burden.

Legal Avenues for Affected Consumers

Consumers harmed by undeclared allergens in food products have the right to seek compensation for their injuries. Food manufacturers have a legal duty to ensure their products are safe for consumption and properly labeled according to regulatory standards. Failure to disclose major allergens on packaging constitutes negligence and a breach of this duty.

Affected individuals may file a product liability lawsuit against the manufacturer, distributor, or retailer responsible for the mislabeled product. These lawsuits can be based on negligence, strict liability, or breach of warranty claims. In this context, strict liability is particularly relevant, as it holds manufacturers accountable for selling defective products regardless of intent or negligence.

To pursue a lawsuit, the injured party must demonstrate that the product was defective due to improper labeling, that they consumed the product, and that this directly caused their allergic reaction and subsequent damages. Medical records documenting the allergic reaction, proof of purchase, and the recalled product packaging can serve as crucial evidence in building a strong case.

The Lawsuit Process and the Importance of Legal Representation

Navigating a product liability lawsuit involves several complex steps. Initially, an investigation is conducted to gather all necessary evidence, including medical documentation, witness statements, and expert testimonies. The attorney will then file a complaint outlining the legal basis for the claim and the damages sought.

The discovery phase follows, during which both parties exchange information and gather further evidence. This phase can be intricate, requiring knowledge of legal procedures and the ability to effectively communicate with opposing counsel. Settlement negotiations may occur at any point, but if a fair agreement cannot be reached, the case proceeds to trial.

Having an experienced attorney is crucial at each stage of this process. Legal professionals understand the nuances of product liability law and can effectively advocate on behalf of the injured party. They can navigate procedural requirements, meet critical deadlines, and negotiate with insurance companies or defense attorneys who aim to minimize payouts.

Moreover, attorneys can help accurately calculate the full extent of damages, ensuring that all current and future expenses are considered. This includes medical costs, lost wages, pain and suffering, and any other losses resulting from the injury. Without legal representation, victims may undervalue their claim or fall prey to tactics that reduce their compensation.

Potential Damages Recoverable in a Product Liability Lawsuit

Victims of undeclared allergen injuries can seek various types of damages in a product liability lawsuit:

• Medical Expenses: Compensation for all medical costs related to the allergic reaction, including emergency room visits, hospitalization, medications, and follow-up care.
• Lost Wages: Reimbursement for income lost due to time off work while recovering from the allergic reaction.
• Pain and Suffering: Monetary compensation for physical pain and emotional distress caused by the incident.
• Punitive Damages: In cases where the manufacturer’s conduct was particularly egregious, the court may award punitive damages to punish the wrongdoing and deter similar future behavior.
• Other Out-of-Pocket Expenses: This may include costs for transportation to medical appointments, hiring help for household tasks during recovery, or other related expenses.