Defense of Food and Beverage Company in Products Liability Claims

We represented a food and beverage company in two products liability cases alleging that the company’s product was contaminated with a rare bacteria called E-sakazakii. The allegations were that while feeding with the company’s product, the plaintiffs developed severe meningitis resulting in permanent brain injuries. The cases focused on the manufacturing process and quality control testing that is routinely performed to detect this bacteria in the finished product. Plaintiffs also alleged the product labeling was deficient for not adequately warning of the risk of this rare but potentially deadly infection. One case was set before the U.S. District Court, Middle District of Tennessee; the other before the District Court of South Carolina. Both cases were favorably resolved through mediation.

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