Tag Archives: wrongful death lawsuit

FDA Examining Blue Bell Ice Cream For Alleged Listeria Outbreak

Date
Posted by

The Washington Post reported this week the Federal Food and Drug Administration is investigating a listeria outbreak in Kansas that may have been caused by Blue Bell ice cream products. Three (3) people have died from the listeria, and a total of five (5) have gotten sick between January 2014 and January 2015. Officials also detected three of those strains in a Texas Blue Bell production plant, where the company is based. Health departments in South Carolina and Texas also found listeria in certain Blue Bell products.

According to the FDA, Listeria is the name of a bacteria found in soil and water and some animals, including poultry and cattle. It can be present in raw milk and foods made from raw milk. Listeria is unlike many other germs because it can grow even in the cold temperature of the refrigerator. Listeria is killed by cooking and pasteurization. Listeriosis, an infection caused by Listeria, can pose major risks for certain populations. Namely, pregnant women, older adults, and individuals with weakened immune systems are at greater risk.

Blue Bell Creameries announced it recalled the affected products and had them removed from store shelves. “One of our machines produced a limited amount of frozen snacks with a potential listeria problem.”

Blue Bell’s cup, pint and half-gallon products are not affected by this current outbreak. The FDA has warned consumers not to eat any of these products:

  • Chocolate Chip Country Cookie
  • Great Divide Bar
  • Sour Pop Green Apple Bar
  • Cotton Candy Bar
  • Scoops
  • Vanilla Stick Slices
  • Almond Bars
  • 6 pack Cotton Candy Bars
  • 6 pack Sour Pop Green Apple Bars
  • 12 pack No Sugar Added Mooo Bar

This is obviously a scary situation for people who may have been affected by this product. There is the potential that the families of those who have died could have a wrongful death lawsuit against Blue Bell if they can prove that the listeria bacteria came from their plant and made these people sick. This type of wrongful death lawsuit would be filed as a product liability case as the company is alleged to have put a dangerous or defective product into the stream of commerce. I have not seen any news of lawsuits that were filed against Blue Bell for this outbreak of listeria.

If you or someone you love has been injured from a defective or dangerous product or has a Chicago wrongful death case, then contact Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

Could The City Of Chicago Face Liability In Fatal Lincoln Park Car Crash?

Date
Posted by

Multiple news outlets, including the Chicago Tribune and DNAinfo.com, reported last month about a car crash on Lake Shore Drive where a vehicle lost control and skidded into the rowing lagoon just south of Diversey Harbor in Lincoln Park. The driver of the vehicle, Rafael Rodriguez, survived the auto accident but the passenger, Claudia Beruben, was pronounced dead later that night.

This is a very sad case as it was reported that Ms. Beruben left behind a three year old daughter. In a case like this a wrongful death lawsuit could be made by the Ms. Beruben’s estate to provide compensation for her child. The first, and most obvious, defendant in this case would be Mr. Rodriguez. He has already been charged with felony DUI, reckless driving and speeding as it is alleged that he was driving 90 mph on Lake Shore drive, weaving in and out of traffic and had a blood alcohol content double the legal limit. Negligence will be alleged on this count and should easily prevail. Mr. Rodriguez, based on news reports, was not driving as a reasonable person should in that situation.

The second, and more important question, that Ms. Beruben’s car accident lawyer must ask, is whether the city’s actions (or lack of actions) could have prevented her death. News reports have stated that the guard rail was missing in the area where Mr. Rodriguez skid into the lagoon. Apparently it had been removed for repairs following a different accident. There are difficulties involved with suing a government entity. One cannot sue the city of Chicago for simple negligence due to tort immunities. In order for Ms. Beruben’s estate to prevail against the city would be to show that they behaved in a willful and wanton manor by failing to have the guardrail replaced. Willful and wanton is a higher standard than negligence but it does not necessarily mean that the act has to be intentional. Willful and wanton can involve reckless indifference or a conscience disregard for the safety for others. So the attorney’s for Ms. Beruben’s estate must investigate the exact circumstances for the missing guard rail and why it had not been replaced. Was it missing for days? For weeks? This appears to be a precarious location of Lake Shore Drive to have a missing guard rail, and something that should have been replaced immediately even if it required something temporary. If attorneys can provide enough evidence that the city should have replaced this guard rail sooner, then they could convince a jury that the cities actions were willful and wanton and should be liable, or at least partially liable, for the death of Ms. Beruben.

If you or someone you love has been seriously injured in a Chicago car accident or has a Chicago wrongful death claim, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation.