The FDA has announced a recall of certain food products sold by the Cultured Kitchen company for possible salmonella contaminations. According to reports more than a dozen individuals who have consumed such products have contracted the harmful agent. The places where the no-dairy cheese products have been sold include the San Francisco, Oakland, San Jose, Sacramento, and other locations on northern California.
A list of the recalled products sold under the trade name Cultured Kitchen non-dairy cheeses include
736211709134 Smoked Cheddar 4/19/14 8 oz round.
794504924015 White Cheddar 4/19/14 8 oz round.
794504922714 Herb 4/19/14 8 ounce round.
794504851120 Pesto or Basil Pesto 4/19/14 8 oz round.
794504922813 Habanero Cilantro Lime 4/19/14 8 oz round.
794504922615 Pepper Jack 4/19/14 8 oz round.
Legal Investigation: Our law firm is currently investigating possible class action and single party lawsuits against Cultured Kitchen as well as establishments which sold products which resulted in severe cases of food poisoning. If you or a loved one suffered harm due to these product contact our law offices to learn more about your legal rights.
Filing a Food Poisoning Case – Product Liability and Strict Liability Cause of Action: In most instance food poisoning cases are based on a product liability cause of action. Product liability type cases can be proven in one of three ways, (1) Defect in the original design of the product. (2) Defect in the manufacturing process of the food. or (3) Failure to warn customers of the dangers associated with the consumption of the food. The basic steps that need to be proven in a strict product liability case are.
1. Was the food defective in any way – Must prove one of the three elements from above.
2. The food was used for its intended purpose.
3. The defect resulted in injury to the plaintiff.
Compensation Available For Victims of Food Poisoning: Victims of tainted and contaminated produce and dairy products are entitled to full compensation for all the harms they have suffered. A calculation of the case value or settlement amount for a food poisoning claim is dependent on several important factors. A brief description of those factors is provided here.
1. The extent and severity of the injury suffered – court will look at specific diagnoses of the claimant, length of stay in hospital and other hospitalization and healthcare expenses.
2. Other Economic Damages – Including lost time at work, loss of wages, and any property damage.
3. Level of pain and suffering – including emotional distress, trauma and PTSD.
4. Availability of Punitive Damage – Punitive damages are awarded the at fault party displayed a reckless disregard for the life and health of its customers. For example in individuals in a managerial position at the food manufacturing company knew or had reason to know of the contamination but failed to prevent the product from being distributed.
Free Legal Help: If you have any questions regarding the filing of a food poising claim against manufactures of Salmonella tainted cheese feel free to contact our law offices toll free (855)385-2529. All consultations are confidential and free of charge.