AC Creamery and McConnell’s Fine Ice Cream have issued a nationwide recall of certain ice cream products due to concerns of potential Listeria monocytogenes contamination.

According to an announcement by McConnell’s Fine Ice Cream announced, the company is undertaking a voluntary recall of select 16 oz. (pint-size) packages produced by a contract manufacturer after discovering they may be contaminated with Listeria monocytogenes.

Listeria is a serious bacterium that can cause severe and sometimes fatal infections, particularly in:

• Young children
• Elderly individuals
• Pregnant women
• Persons with weakened immune systems

AC Creamery t McConnell’s Fine Ice Cream  have issued a national recall on their ice cream products due to concerns of potential Listeria contamination. McConnell’s Fine Ice Cream announced they are “undertaking a voluntary recall of selected, 16 oz. (pint size) packages of ice cream produced by a contract manufacturer because they have the potential to be contaminated with Listeria monocytogenes….Listeria monocytogenes is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.”

Recalled Flavors and “Best By” Dates

The following flavors and expiration dates were included in the recall:

Dutchman’s Chocolate

• JUL 27, 2017
• OCT 01, 2017
• OCT 05, 2017

Mint Chip

• SEP 08, 2017
• SEP 30, 2017
• OCT 07, 2017
• DEC 01, 2017
• DEC 30, 2017
• JAN 04, 2018
• JAN 05, 2018

Peppermint Stick

• JUL 25, 2017
• JUL 26, 2017
• SEP 30, 2017

Salted Caramel Chip

• OCT 07, 2017
• OCT 20, 2017
• DEC 22, 2017
• JAN 06, 2018
• JAN 07, 2018

Sweet Cream

• JUL 27, 2017
• SEP 08, 2017
• OCT 01, 2017
• OCT 21, 2017
• DEC 08, 2017
• DEC 21, 2017
• DEC 24, 2017

Turkish Coffee

• JUL 28, 2017
• SEP 22, 2017
• OCT 07, 2017
• Dec 06, 2017

Vanilla Bean

• JUL 13, 2017
• JUL 25, 2017
• JUL 27, 2017
• OCT 01, 2017
• OCT 15, 2017
• DEC 07, 2017
• DEC 25, 2017
• JAN 03, 2018
• JAN 06, 2018

AC Creamery is recalling it Manila Sky Purple Yumm Ice Cream which “were distributed nationwide in retail stores and events such as; Florida Food t Lodging Show, Festival of Philippine Arts t Culture and California State University Pilipino American Student Association (CSUF PASA) Friendship Games.”
The recalled Manila Sky comes in a 16 ounce paper cup and has an expiration date of Mar 06, 2018.

Have You Been Affected?

If you became sick as a result of eating contaminated AC creamery or McConnells’s Ice Cream products, or have any information about this case, please contact Marc A. Wites at Wites & Rogers for a free consultation at mwites@witeslaw.com or 1-866-277-8631.
Copyright: gresei / 123RF Stock Photo

The post AC Creamery & McConnell’s Issue Nationwide Recall For Their Ice Cream Products appeared first on Wites & Rogers.

Many of us start each day with an optimism that our health and safety will remain intact. But, what if that optimism came to a screeching halt? All because of the very poor judgment, and negligence of another.

Last May, Florida resident Christopher Romano had such an experience. Mr. Romano’s life was forever changed after he suffered extremely painful second-degree burns to his penis, scrotum, and thighs due to the negligence of Starbucks.

On that particular morning, Mr. Romano visited the drive-thru window at a Pompano Beach, Florida Starbucks. He ordered two breakfast sandwiches and two large cups of coffee. Moments later, the breakfast sandwiches were handed to him by a Starbucks employee. He then waited for a few moments. Suddenly, the Starbucks employee reappeared and inquired as to why Mr. Romano was still idling in his vehicle.

When Mr. Romano advised that he had not received the two large cups of coffee which he had paid for, the Starbucks employee went to retrieve the beverages. Upon his return to the drive-thru window, the Starbucks employee handed Mr. Romano one cup of coffee. Before releasing the large, and extremely hot, coffee from his hand, the employee awaited Mr. Romano’s confirmation that he had a firm and secure grip on the coffee. Mr. Romano then proceeded to place the first cup of coffee in one of the vehicle’s cup holders.

At that point, the Starbucks employee then handed Mr. Romano the second large cup of coffee. Except, this time the employee released the scolding, large cup of coffee before Mr. Romano had grabbed it. The result? The exceedingly hot beverage spilled all over Mr. Romano’s lap.

In extreme pain, Mr. Romano jumped out his car in a desperate attempt to alleviate the overwhelming discomfort of which he was suffering. He then quickly got back into his vehicle and drove home. Upon arrival, Mr. Romano and his girlfriend quickly discovered that skin was peeling off his penis, scrotum and thighs.

The couple immediately drove to the emergency room. Mr. Romano was in excruciating and unbearable pain. The ER doctor quickly examined him and determined that the hot coffee had caused him to suffer second-degree burns on his penis, scrotum and thighs. Knowing the severity of the situation, the doctor transferred Mr. Romano by ambulance to the regional burn center in Miami.

Mr. Romano has filed a lawsuit against Starbucks seeking payment of his medical costs, and for his pain and suffering.

Many people have been misled, through marketing propaganda, that so-called “hot coffee” cases are frivolous, and just further proof of an overly litigious nation. But, the truth is – people have suffered severe, and we stress – severe – injuries due to scalding hot coffee.

The most famous case of all – the 1992 McDonalds matter – led to the discovery that their coffee was so dangerously hot, that it would cause third-degree burns upon contact with the skin.  The McDonald’s case is the subject of an award winning documentary movie entitled Hot Coffee which details the true facts. Unlike what was reported by many in the media, the plaintiff in the McDonald’s case suffered third-degree burns and required skin grafts on her inner thighs and elsewhere, she offered to settle the case for $20,000 to cover her medical expenses and lost income but McDonald’s never offered more than $800 to resolve the case, the jury found her partially at fault, and the Judge reduced the headline-making punitive damages award by more than 80%.

Ultimately, hot coffee cases are not about whether a restaurant may serve a hot beverage, but whether beverages should be served at such extremely hot temperatures that they are unfit for human consumption and can cause second or third-degree burns to consumers.

The post Starbucks Lawsuit: Scalding Hot Coffee Leaves Pompano Beach Man With 2nd Degree Burns on His Penis, Scrotum and Thighs appeared first on Wites & Rogers.

Blue Bell Ice Cream announced that “is voluntarily recalling all of its products currently on the market made at all of its facilities including ice cream, frozen yogurt, sherbet and frozen snacks because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.”
The recalled products were sold throughout the United States, including Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nevada, New Mexico, North Carolina, Ohio, Oklahoma,  South Carolina, Tennessee, Texas, Virginia, and Wyoming.
Attorney Marc Wites of Wites & Rogers is not surprised by the expansion of the recall.  “Our law firm is representing clients from state across the country that have become ill from eating Blue Bell Ice Cream, many of whom have been hospitalized, visited doctors, and missed work and school,” explained Mr. Wites . “Based on the number of reports received by the firm, from individuals in various states, Blue Bell’s expansion of the recall to include all products, in all states, manufactured at all plants, is the prudent and proper course” stated Mr. Wites .
If you became sick as a result of eating contaminated Blue Bell Ice Cream products, or have any information about this case, please contact Marc A. Wites at Wites & Rogers for a free consultation at mwites@witeslaw.com or 1-866-277-8631.
 

The post BLUE BELL ICE CREAM EXPANDS RECALL TO INCLUDE ALL OF ITS PRODUCTS appeared first on Wites & Rogers.

Contacts

Wites & Rogers
Marc Wites , 866-277-8631
mwites@witeslaw.com
 

The post Wites & Rogers Comments That Blue Bell Ice Cream Illnesses Are More Widespread Than Reported appeared first on Wites & Rogers.

The post BLUE BELL ICE CREAM LISTERIA RECALL EXPANDED appeared first on Wites & Rogers.

Wites & Rogers announces that it has settled the cases of two guests of the Best Western Sovereign in Albany, New York, after they suffered severe injuries when they contracted Legionnaire’s disease during stays at the hotel.  Both men were exposed when they showered, brushed their teeth, and drank water from the hotel’s water system that had been infected with high rates of the Legionella pneumophila bacteria.

One of the firm’s clients was admitted to the hospital after spending just one night in the hotel, after experiencing acute symptoms of Legionnaire’s disease, a form of bacterial pneumonia that can be extremely severe.  He remained hospitalized for two months, some of it in ICU under an induced coma.

A second Wites & Rogers client stayed at the hotel for nearly 8 weeks in early 2012, and was subsequently admitted to St. Peter’s Hospital in Albany for treatment of Legionnaire’s disease.

The New York Department of Health recorded several cases of Legionnaire’s disease linked to the hotel in late 2011 and early 2012, many of which pre-dated the stays by Wites & Rogers’s clients.  The Legionella bacteria is found mostly in water and moist soil and is not transferable between humans.  Although many people suffer relatively mild symptoms similar to the flu, some victims experience extremely serious symptoms.  Serious cases can result in death.

Marc Wites , a partner of the firm, explained that “Wites & Rogers is pleased that we have been able to reach settlements that will compensate our clients for their medical expenses, their lost wages, and the pain and suffering that they endured.”

The post Wites & Rogers Settles Lawsuits For Victims Of Legionnaire’s Disease appeared first on Wites & Rogers.

Unbeknownst to Morry, his normal routine – shared that night by all of the guests in that and every other hotel in the county – would soon land him in the hospital for a very extended stay. What Morry did not know was that the water in the Best Western contained abnormally high levels of legionella bacteria.

According to the Center for Disease Control t Prevention, human’s contract legionnaire’s disease from exposure to such bacteria in water vapor and mist, such as that found in showers, as well as in water used for drinking. The CDC reports that “Each year, between 8,000 and 18,000 people are hospitalized with Legionnaires’ disease in the U.S. However, many infections are not diagnosed or reported, so this number may be higher.”

Legionnaire’s disease can have many symptoms, such as coughing, chills, fever, and joint aches. The Mayo Clinic describes Legionnaire’s disease as a “severe form of pneumonia. The symptoms usually appear 2 to 14 days after exposure. In severe cases, which total approximately 4,000 per year according to the United States Department of Labor, death can result.

Morry began exhibiting symptoms several days later, and was admitted to the hospital on December 7. He spent 2 months there, including significant time in the ICU. Although he has a long road of recovery ahead, he feels very lucky to be alive.

The New York Department of Health recently confirmed that tests of the Best Western’s water revealed higher than normal levels of legionella bacteria. Peter Constantakes of the Department reported that six cases of Legionnaire’s disease have been linked to the hotel.

Mr. and Mrs. Natal have retained Wites & Rogers, a national law firm with offices in New York and Florida, to investigate the case. Mr. Wites explained that Morry’s 2-month hospital stay caused Morry to endure significant pain and suffering, as did his wife Millie, he worried daily that Morry might not survive. Wites & Rogers and the Natals plan to pursue claims against all parties that are responsible for Morry’s and Millie’s emotional and physical damages.

The post Wites & Rogers Retained to Review Complaints of Legionnaire’s Disease Caused by Water in Albany Hotel. appeared first on Wites & Rogers.

Smucker’s Peanut Butter Recall (Salmonella): Can You File a Lawsuit?

21The J.M. Smucker Company announced on November 17, 2011 that it was recalling jars of its Smucker’s Natural Chunky Peanut Butter sold in 24 states and the District of Columbia.  Product sampling revealed that certain product might be contaminated with salmonella, which can cause serious illnesses, and even death.

The Recalled Product: Smucker’s Chunky Peanut Butter

Here are the details of the recalled product:

1. Smucker’s Natural Peanut Butter Chunky (not Smooth);
2. 16 ounce jars;
3. Sold in Washington, D.C. and in 24 states: Arkansas, Colorado, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas, Virginia, and Wisconsin;
4. Purchased from Nov. 8, 2011 through Nov. 17, 2011;
5. Bearing UPC code 5150001701;
6. Also with production codes 1307004 and 1308004;
7. Carrying “best-if-used-by” dates of Aug. 3, 2012 and Aug. 4, 2012.

What to do With Recalled Product: Smucker’s Chunky Peanut Butter

Immediately place the product in a place and manner that will not allow people or animals to consume it. Although Smucker’s suggests immediate disposal, you may wish to keep the product in a safe place in case you or someone who ate the peanut butter either develop symptoms of salmonella poisoning in the next few days, or if you encounter difficulties in obtaining reimbursement from Smucker’s or your grocer.
Smucker’s is providing replacement coupons, but may ask for “proof of purchase.”  It asks consumers to call (888)550-9555 for the coupons.

Symptoms of Salmonella

If you or someone you know recently consumed any of the recalled peanut butter, you should be on the lookout for the following symptoms which usually develop within 12 to 72 hours of consumption of a tainted product:  diarrhea, fever and abdominal cramps.   Children, the elderly, and people with compromised immune systems are most at risk for serious consequences.  In fact, a 2009 salmonella breakout attributed to peanuts processed in a Georgia plant resulted in over 700 reported illnesses and 9 deaths.

If You are Sick and Suspect Salmonella Poisoning

Immediately contact your doctor.  Salmonella is a very dangerous bacteria and, although most people recover after four to seven days, salmonella poisoning can result in serious health consequences and even death.  Your doctor can perform tests to determine if salmonella caused your illness.  You should also keep the peanut butter in a safe place (where no one will eat it) as it may be needed for testing, too.

Your Legal Rights

If you become ill from a product tainted with salmonella you may be able to obtain compensation from the food producer or manufacturer.  Keeping the recalled product can assist with proving the source of your illness.
You also are entitled to a refund or replacement product.  Since most people do not keep grocery receipts for extended time, the jar of peanut butter may be your best “proof of purchase.”

The post RECALL: Smucker’s Chunky Peanut Butter Salmonella Contamination appeared first on Wites & Rogers.

The post Is Florida’s PIP Insurance “Full Coverage”? appeared first on Wites & Rogers.

The post Underinsured and Uninsured Motorist Coverage appeared first on Wites & Rogers.

Listeria Can Cause Fatal Food Poisoning

When we hear “food poisoning,” we frequently think of Salmonella or E.Coli bacteria in contaminated food.  In fact, a week ago Commercial Meat Co. in Los Angelesrecalled more than 188 tons of ground beef because of possible contamination with the E.Coli bacterium.  Those bacteria usually result in the sudden onset of frequently debilitating symptoms within a relatively short period after consumption.

Listeria can also cause food poisoning serious enough to result in death – at least 23 so far from the tainted cantaloupes.  Although, according to the CDC, the risk of developing Listeriosis from consuming contaminated products is relatively small, itaffects those who already are among the most vulnerable: primarily persons of advanced age, pregnant women, newborns and adults with weakened immune systems.   Approximately 20-30% of Listeriosis cases result in death, making it one of the leading causes of food poisoning deaths in this country.

One notable difference between Listeria and other forms of food poisoning is that it can take up to two months before symptoms of some strains show.  Most other bacteria that cause food poisoning strike their victims in hours, and usually under 2 days.  Listeria is also unusual because it will continue to grow and multiply even in the cold temperature of a refrigerator.  The CDC’s website recommends that “[i]f you develop fever and chills while pregnant or if you are very sick with fever and muscle aches or stiff neck, consult your doctor immediately. A blood or spinal fluid test (to look for the bacteria) will show if you have listeriosis.”

The Products Recalled by Giant Eagle

According to the FDA Press Release, the recalled Farmer’s Market products include:  The packaged product affected is Giant Eagle Farmer’s Market Shredded Iceberg Lettuce (UPC 3003430195). Additionally, the shredded iceberg lettuce was used in a small number of prepared deli ring sandwiches. The affected deli ring sandwiches include: Giant Eagle Large Italian Sandwich Ring (UPC 23755100000), Giant Eagle Mini Italian Sandwich Ring (UPC 24755500000), Giant Eagle Large New York Sandwich Ring (UPC 22755100000), Giant Eagle Mini New York Sandwich Ring (UPC 25755500000), Giant Eagle Large All America Sandwich Ring (UPC 21755100000), and Giant Eagle Mini All American Sandwich Ring (UPC 26755500000).

Legal Recourse for Listeria Poisoning

Listeria can cause debilitating – and even deadly – food poisoning.  If you or a family member has been affected, you may be able to pursue litigation against the companies involved with the manufacture or distribution of the food that made you sick, including compensation for lost wages as well as pain and suffering.   An attorney with experience in food-borne illness cases can help you determine whether you have a claim worth pursuing.

The post Recalls of Produce Based on Concerns of Listeria Contamination Grow appeared first on Wites & Rogers.

Courts are Permitting Defendants Access to Plaintiffs’ Social Media Postings

Last year, a New York judge has ruled that a woman who sued an office furniture manufacturer for injuries she suffered allegedly due to a defective office chair must allow the defendant access to her MySpace and Facebook pages, regardless of her security settings.  The judge noted that parties to litigation are entitled to broad access to information relating to the lawsuit, and to not order the access “would condone Plaintiff’s attempt to hide relevant information behind self-regulated privacy settings.”He concluded that she had “no real expectation of privacy” in her on-line comments even if she thought they were for viewing by only a limited number of people.  The plaintiff’s attorney complained that the ruling is “equivalent of removing the curtain over your living room or bedroom window.”

In a later case, also in New York, a judge similarly concluded that “[t]he statements made by Wife on her blog pages are relevant to Wife’s testimony respecting the effect the Accident has had on her life and her resulting demand for” long-term alimony.  He noted that “admissions posted by Wife contradict her claims that she is unable to work due to injuries sustained in the Accident, rarely leaves home, and socializes only once per month.”  A Philadelphia judge similarly concluded that “it is clear that no person choosing MySpace or Facebook as a communications forum could reasonably expect that his communications would remain confidential” and refused to find a “privilege” which would protect a plaintiff from preventing a defendant’s access.

While “Mere Participation” on Social Media is not Usually Relevant, the Content of Communications Often Is Relevant

A federal judge in Indiana recognized that the mere fact that a plaintiff participated in social media does not show that they did, or did not, suffer from depression.  However, the content of communications could either (a) disclose other causes for her mental status or (b) refute her claims by disclosing, for example, that while she claimed during her lawsuit that she was being harassed at work, she regularly posted how happy she was with her job.

Some courts have been willing to place limits on the content that must be disclosed.  They have reviewed the information posted by the plaintiff on the social media site and have determined which ones have potential bearing to the lawsuit.  In so doing they have precluded the disclosure of possibly embarrassing information which has no conceivable relationship to the lawsuit.  However, not all judges are likely to engage which could be a lengthy and tedious process to weed through comments about videos of cats attacking photocopiers to find the kernels of relevant information.

Do Not Say Anything on Social Media That You Want to Keep Private

The recommendation that social media users practice caution when posting information is a common-sense one.  In the days before the widespread use of these websites, defendants often when to great lengths to prove that an injury was fake by using investigators to follow plaintiffs and try to photograph or film them engaged in activities that were inconsistent with the injuries they claimed.  Now, photographs, videos or even “status updates” publicly posted may provide all of the necessary evidence. There is a modern adage which is “don’t post anything you would not want your mother – or boss – to read.”  That statement should also include “other parties to any lawsuit.”

The post Your Facebook and MySpace Pages Are Not Private. appeared first on Wites & Rogers.