Author: McKenna Madison Coveny

Under Sec. 84.001, known as the Charitable Immunity and Liability Act of 1987, a non-profit organization is required to carry a $1,000,000 policy for liability to cover the work it does as an organization, and all of its members, and in exchange, no award in excess of $1,000,000 is allowed by law for acts of negligence. Purpose and Intent of the 1987 Texas Charitable Immunity and Liability Act In a letter from the Office of the Attorney General of Texas, Ms. Sheela Rai explained the provision in these words: The Charitable Immunity and Liability Act of 1987 generally grants a…

This was an interesting interview. A national food poisoning lawyer, who has recently filed numerous WanaBana lead contamination lawsuits, salmonella contaminated cantaloupe lawsuits, a deadly Dave’s Sushi morrell mushroom lawsuit, and the recent Charcuterie Meat Salmonella lawsuit, sat down with FoodPoisoningNews.com to answer questions. What is a food poisoning lawsuit? If you are driving down the road, and get hit by another car that failed to stay in its lane, you traditionally do not just shrug your shoulders and move on. You expect the other driver to anti-up and pay to have the damage to your car repaired – either directly…

Salmonella Sundsvall Cantaloupe Outbreak – 6 Dead and 158 Hospitalized Sofia Produce, LLC, operating as TruFresh, issued company announcements concerning recalled cantaloupe late last year about potentially contaminated cantaloupes. At about the same time, Crown Jewels Produce issued a similar company announcement. Shortly thereafter, Pacific Trellis Fruit, operating as Dulcinea, also issued a company announcement. These recall announcements followed announcements made by the Food adn Drug Administration (FDA), Centers for Disease Control and Prevention (CDC), as well as state and local health agencies that they had begun an investigation into an outbreak of Salmonella Sundsvall that had led them back to the consumption of…

Manufacturer Failed to Properly Test Product: The U.S. Food and Drug Administration (FDA) conducted an inspection of Austrofoods S.A.S. between December 4th and 14th of 2023, in the wake of the WanaBana Cinnamon Applesauce lead contamination notice issued by FDA in November. The FDA echoed a recall of WanaBana, Schnuck’s-brand, and Weis-brand applesauce pouches with cinnamon, including variety packs and three-packs following testing that showed extremely high levels of lead poisoning. The company, WanaBana, issued its initial recall on November 9, 2023. According to the company, ” WanaBana USA is voluntarily recalling all lots of WanaBana Apple Cinnamon Fruit Purée pouches…

There are now at least 137 individuals pressing claims against the maker of WanaBana Applesauce with Cinnamon, the Ecuadorian product imported in to the United States that was contaminated with high levels of lead that may have been introduced into the cinnamon prior to being added to the applesauce pouches. According to one of the national food poisoning lawyer who represents more than two dozen of the victims: “This has been a tragedy of errors since inception. The victims are nearly all young children who enjoyed the applesauce pouches so many kids enjoy. It is a well known product, whatever…

What is Bacillus Cereus? Bacillus cereus (B. cereus) is a spore-forming pathogen that can produce toxins capable of causing food poisoning in humans. It is often associated with rice, grains, vegetables, spices, and dairy products, although it can contaminate a wide range of foods. The bacteria can survive and multiply in various environmental conditions, making it a concern for food manufacturers, retailers, and consumers alike. Bacillus cereus was first discovered in the late 1800s but it wasn’t until the 1950s that many outbreaks began to occur in Europe. What are the symptoms of Bacillus Cereus and how long do they…

Lamb has been on the dinner-table for over 9000 years in human civilization, longer than any of the other large domesticated animals. When first imported into the U.S. territories, it was contentious as it conflicted with beef production for usable grazing land. In fact, between the 1870s and 1900, there were “Sheep Wars” in and around Texas. The sheep were nomadic, often causing sheepo herders to remove fences necessary for cattle, and some were infected with “scab” that could then infect the cows. In short, sheep were bad for cattle business – which was king. Cattlemen pushed for a law…

Just last month, Rizo-López Foods Inc., a product supplier of cheese manufacturer/distributor Sargento, was forced to recall a large mount of its product (see below -including about 60 cheese products). That recall came after an announcement that listeria had been detected in Rizo-López cheese products. As is common in outbreaks, initial recalls are allowed by more and more potentially contaminated product recalls, in this case, Sargento Cheese that incorporated Rizo-López cheese. Sargento issued its recall, at lest initially, limiting the scope of the recall to a small portion of its product supply. Sargento apparently also severed all ties with the…

Since childhood, most people have held the belief, often repeated, that leafy greens (aka “salads”) are the healthiest choice in food. And while there is a great deal of truth to this, from a certain point of view, leafy greens are also a common conduit for food borne illness pathogens like Salmonella, E. coli, Campylobacter, Listeria, certain viruses like hepatitis A, and parasites, like Cyclospora. But recent research has also noted that the propensity to contain or carry such pathogens is not equal among the common leafy greens. In fact, one particular leafy green, romaine lettuce, seems to have been…

FDA Update on the WanaBana Applesauce Lead and Chromium Announcement: Lead Poisoning Lawsuit Claims Extremely High Levels of Lead in Cinnamon There are now a total of 90 Adverse Event Reports in the FDA database, and 468 likely cases (101 confirmed and 320 probable) in the CDC database, which likely represent only a portion of the actual number of victims. Only those cases in which the two federal agencies have received information are included in the FDA and CDC numbers.  To constitute a “confirmed case” in the CDC’s database, a victims must have had a blood lead level of 3.5…