Friendly's Celebration Ice Cream Cake Listeria Lawsuit Lawyers

Understanding the Risks and Legal Options for Affected Consumers

The U.S. Food and Drug Administration (FDA) has issued a Class I recall for a range of ice cream dessert cakes produced by Maryland-based Totally Cool, Inc. The recall pertains to Friendly’s Celebration Ice Cream Cake, which has been found to contain Listeria monocytogenes, a bacterium that causes severe food poisoning. Initially recalled in June, this product’s risk classification was elevated to Class I on August 1. This classification indicates a “reasonable probability” that the product could cause serious health consequences or death.

Details of the Recall

The recalled ice cream cakes include all those with best-by dates between May 20 and May 28, 2024. They bear a UPC code of 29839000920 and one of the following plant codes: 24-65, 24-0065, 2465, or 240065. Totally Cool, Inc. has assured consumers that no other products from their range are affected by this recall.

Listeria monocytogenes poses a significant health risk due to its ability to survive in cold environments, such as refrigerators and freezers. The bacterium can infect foods without altering their appearance, smell, or taste, making it particularly insidious. Michelle Anstey, a food safety expert from NSF, highlights the danger of listeria spreading through contaminated food and inadequate sanitation.

Health Risks of Listeria

Listeriosis, the infection caused by Listeria monocytogenes, affects approximately 1,600 people in the U.S. each year, with around 260 fatalities. Common symptoms include high fever, severe headache, neck stiffness, and nausea. While healthy individuals rarely contract listeriosis, it poses a severe threat to those with weakened immune systems, such as infants, older adults, and individuals with HIV or undergoing chemotherapy. Pregnant women are also at high risk, as the infection can lead to miscarriages and stillbirths.

Mitzi Baum, CEO of Stop Foodborne Illness, emphasizes the serious nature of listeriosis, especially for vulnerable populations. The current recall is part of a broader concern, as there is an ongoing investigation into a multi-state outbreak involving millions of pounds of deli meats contaminated with listeria, which has already resulted in over two dozen illnesses and two deaths.

Legal Recourse for Affected Consumers

Consumers affected by the contaminated ice cream cakes may have grounds to file a product liability lawsuit against Totally Cool, Inc. Such legal action can seek compensation for medical expenses, lost wages, pain and suffering, and other related damages. Here’s how the legal process typically unfolds:

• Step 1: Consultation with an Attorney: Affected individuals should first consult with an experienced product liability attorney to evaluate their case. This step involves discussing the details of the illness, the product consumed, and the evidence linking the illness to the contaminated ice cream cake.
• Step 2: Filing the Lawsuit: Once the case is deemed viable, the attorney will file a complaint against Totally Cool, Inc., outlining the defects in the product, the harm caused, and the damages sought.
• Step 3: Discovery Phase: Both parties exchange information and gather evidence. This phase is crucial for building a strong case, as it involves collecting medical records, product testing results, and expert testimonies.
• Step 4: Settlement Negotiations: Many cases are resolved through settlements to avoid the uncertainty and expense of a trial. The attorney will negotiate with the defendant to secure fair compensation.
• Step 5: Trial: If a settlement is not reached, the case proceeds to trial, where the attorney presents the evidence and arguments before a judge or jury.

Importance of Legal Representation

Navigating a product liability lawsuit without professional legal assistance can be challenging. An experienced attorney can handle all aspects of the case, ensuring that the affected party’s rights are protected and that they receive the maximum possible compensation. Legal representation is crucial in proving the link between the contaminated product and the illness, as well as demonstrating the extent of the damages suffered.

Potential Damages Recoverable

In a product liability lawsuit concerning listeria contamination, plaintiffs can seek various types of damages:

• Medical Expenses: Compensation for medical bills related to the diagnosis, treatment, and recovery from listeriosis.
• Lost Wages: Reimbursement for income lost due to illness and recovery time.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the illness.
• Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.