{"id":8482,"date":"2023-11-29T19:21:31","date_gmt":"2023-11-29T19:21:31","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=8482"},"modified":"2023-11-29T19:21:32","modified_gmt":"2023-11-29T19:21:32","slug":"a-child-loved-cinnamon-applesauce-then-he-got-lead-poisoning","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/a-child-loved-cinnamon-applesauce-then-he-got-lead-poisoning\/","title":{"rendered":"A child loved cinnamon applesauce. Then he got lead poisoning."},"content":{"rendered":"

[et_pb_section fb_built=”1″ _builder_version=”4.18.0″ custom_margin=”0px||0px||false|false” custom_padding=”0px||0px||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row _builder_version=”4.18.0″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_margin=”0px||0px||false|false” custom_padding=”0px||0px||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]<\/p>\n

Sarah and Ricky Callahan thought nothing of it when a doctor tested their son, Rudy, for lead at a checkup, a routine blood test for all young children in Maryland.<\/p>\n

But when his levels came back at nearly six times the minimum risk threshold for lead poisoning, they were worried. Surely, there had been a mistake. They had been so careful when it came to their only child, a redhead who loves to build things with blocks and help unload the dishwasher, pulling out all the utensils.<\/p>\n

Suddenly, their Maryland home felt like what Ricky Callahan described as a \u201cdeath trap.\u201d Was it the furniture? The carpet? Rudy\u2019s toys? Inspectors checked all of that and more \u2014 the water, the dishes, his crib \u2014 and found nothing suspect.<\/p>\n

Months went by, and then a friend at Sarah Callahan\u2019s work in whom she had confided about her son\u2019s lead poisoning forwarded an article about a Food and Drug Administration recall of the same pureed fruit pouches Rudy had eaten for months. A lightbulb went off.<\/p>\n

\u201cAs soon as I read the FDA announcement I knew that was the source of my son\u2019s lead poisoning,\u201d Callahan said in a phone interview from the family\u2019s home in Calvert County, about an hour from Washington.<\/p>\n

The Food and Drug Administration announced last week that it had received 52 reports of children up to 4 years old potentially exposed to lead in contaminated apple cinnamon fruit puree pouches<\/a> manufactured by a company in Ecuador and sold under WanaBana, Weis and Schnucks brands. While the FDA won\u2019t identify the affected children, the Callahans reported their concerns to the agency after matching a pouch left in their cupboard to the contaminated lot numbers published last month, according to a copy of their complaint.<\/p>\n

After weeks without answers, it all added up.<\/p>\n

Rudy\u2019s lead levels had peaked in a second screening, then dropped as he switched to a whole-foods diet on the advice of experts helping the family work to eliminate potential culprits. A favorite dish is now spinach with cheese and garlic.<\/p>\n

Tell The Post: Has your child eaten a fruit puree contaminated with lead?<\/p>\n

The FDA said it is still investigating how the pouches were contaminated, but its \u201cleading hypothesis\u201d is that cinnamon \u2014 added to the applesauce Rudy loved \u2014 is the likely source. Complaints of suspected exposures have been identified in 25 states, the agency has reported, including three cases in Maryland and one in Virginia.<\/p>\n

The other Maryland cases are from the Eastern Shore and the Baltimore area, said Chase Cook, a spokesman for the Maryland Department of Health. He declined to comment on the specifics of any cases.<\/p>\n

An analysis of multiple lots of WanaBana apple cinnamon fruit puree detected extremely high concentrations of lead, officials said. Although young children with lead poisoning often show no symptoms, experts say exposure over time can cause lasting neurodevelopmental disabilities.<\/p>\n

\n

\u201cThere is no reason why in 2023 families are dealing with lead poisoning of their toddlers, of their children, because of a fruit puree that claims to be healthy and safe and free of preservatives,\u201d said Nikki Guntner<\/a>, a Pensacola attorney whose firm, Aylstock, Witkin, Kreis & Overholtz<\/a>, is working with the Callahans and other parents whose children had elevated lead levels after ingesting contaminated apple puree.<\/p>\n<\/blockquote>\n

WanaBana, the manufacturer, did not respond to questions Monday but in a previous statement said it has initiated a voluntary recall of the affected batches and is working closely with the FDA to investigate the source of the contamination.<\/p>\n

In a statement, the FDA said it is working with state, federal and international partners to investigate the source of the cinnamon and the point of contamination as well as whether additional products are potentially contaminated. The agency is screening incoming shipments of cinnamon from multiple countries for lead contamination and said it has not yet detected elevated lead in imported cinnamon.<\/p>\n

\u201cIn this instance, the FDA encourages manufacturers that import cinnamon and products that contain cinnamon to be extra vigilant to ensure their products do not contain elevated levels of lead,\u201d agency officials said.<\/p>\n

While FDA officials said contaminated pouches have been seen on shelves at Dollar Tree stores in multiple states, a Dollar Tree spokeswoman said stores have locked registers to prevent sales of the brand\u2019s pouches and instructed stores to remove the product from shelves.<\/p>\n

\u201cWe are aware of the FDA\u2019s recent report and have worked with our store operations teams to ensure the recalled WanaBana Apple Cinnamon Fruit Puree pouches are no longer in our stores and destroyed according to FDA guidelines,\u201d the spokeswoman said in a statement.<\/p>\n

Read the full article at The Washington Post<\/a><\/p>\n

[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"

Sarah and Ricky Callahan thought nothing of it when a doctor tested their son, Rudy, for lead at a checkup, a routine blood test for all young children in Maryland.<\/p>\n

But when his levels came back at nearly six times the minimum risk threshold for lead poisoning, they were worried. <\/p>\n","protected":false},"author":4,"featured_media":8483,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n

A verdict has been reached in the first of many cases involving military members getting defective hearing protection.<\/p>\n\n\n\n

\u201cThere (are) 250,000 individual lawsuits filed at this point in the Northern District of Florida,\u201d said Bryan Aylstock from the Aylstock, Witkin, Kreis and Overholtz law firm in Pensacola. They are the firm that is taking the lead in all of these individual suits against 3M, the manufacturer of the Combat Arms version 2 ear plugs that were used by the military from 2002 to 2015.<\/p>\n\n\n\n

The plaintiffs in the cases are military members who have suffered hearing loss. The first of those cases has just ended with a verdict against 3M in federal court.<\/p>\n\n\n\n

\u201cSo, it was three soldiers, all of whom served this country honorably and used these Combat Arms earplugs and suffered hearing damage\" said Aylstock. \"Collectively they received a little bit more than $7.1 million, which is a tremendous verdict. A lot of that was punitive damages, where the jury found by clear and convincing evidence that 3M\u2019s conduct as it relates to these ear plugs was reprehensible and deserved to be punished. And also a message needed to be sent to others, including 3M, who might try to do this in the future, that this is not an acceptable way to conduct your business.\u201d<\/p>\n\n\n\n

This is the first lawsuit in what is called mass-tort litigation, which is different than a class-action suit, where all plaintiffs are represented in one law suit. There are two more already on the docket before Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida in Pensacola.<\/p>\n\n\n\n

\u201cThere\u2019s a panel called The Judicial Panel for Multi-District Litigation, and it determined a couple of years ago that Pensacola was the appropriate forum to conduct all of the pretrial activities for all of the cases of this nature.\u201d<\/p>\n\n\n\n

3M has already settled with the U.S.military for over $9 million, so the mass-tort litigation is only between the company and individual military members, both active duty and veterans. Aylstock fully expects this verdict to be appealed.<\/p>\n\n\n\n

\u201cIt will be appealed, and we feel confident that all of the pretrial rulings that Judge Rodgers made, and the trial rulings were appropriate, and the appellate court will also find that they were appropriate.\u201d<\/p>\n\n\n\n

Since the verdict there have been no talks of settlement with 3M, so the trials and appeals will continue. Aylstock says he doesn\u2019t know how many rulings for the plaintiffs would bring 3M to the settlement table. Said Aylstock, \u201cIt will be as many as it takes.\u201d<\/p>\n\n\n\n

The second trial is set to begin on Monday. <\/p>\n\n\n\n

<\/p>\n\n\n\n

Written By:<\/strong>
Bob Barrett
May 13th, 2021
Source<\/a>



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