HO&P BLOG

Blue Bell may face lawsuits from consumers, retailers over product recall due to listeria outbreak

Legal experts say that a decision by Blue Bell Creameries to voluntarily recall its complete product line may have been made too late to shield the company from a number of product liability claims filed by injured consumers, as well as lawsuits from distributors and retailers. As we recently reported, Blue Bell issued a recall notice in April 2015 for is full line of ice cream, yogurt, and other frozen treats after it was determined that a listeria outbreak linked to the company’s products was caused by bacterial contamination at more than one manufacturing plant. Read the full article…

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Houston construction worker awarded $44 million verdict for leg amputation caused by crane accident

A Texas construction worker whose leg was amputated after a crane accident has been awarded a $44 million verdict in a lawsuit filed against the owners of the crane and the contractor who operated it. Tyler Lee filed a lawsuit against Berkel & Co. Contractors Inc. and Maxim Crane Works LP following the Houston construction site accident in 2013 that cost him his leg. Read the full article…

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Massachusetts woman paralyzed by stroke after giving birth awarded $34 million verdict in malpractice lawsuit

A jury has awarded a $34.1 million verdict to a Massachusetts woman who was paralyzed by a stroke just hours after giving birth to her daughter. Andrea Larkin and her husband, Tim, filed a medical malpractice lawsuit against a medical center where she was a patient for failing to notify other physicians of a preexisting medical condition that put Andrea at risk of complications from going into labor. Read the full article…

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California woman awarded $13 million verdict in mesothelioma lawsuit against Colgate-Palmolive over asbestos-contaminated talcum powder

A California woman has been awarded a $13 million verdict in a mesothelioma lawsuit filed against Colgate-Palmolive. Judith Winkel alleged in her lawsuit that she was diagnosed with mesothelioma cancer as a result of using the company’s Cashmere Bouquet talcum powder, which for many years contained asbestos. The verdict is the first ever against Colgate-Palmolive for asbestos exposure from commercial talcum powder. Read the full article…

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Maquet recalls TigerPaw II heart device over defect linked to fatal heart surgery complications

The Food and Drug Administration has announced a class 1 recall of the TigerPaw System II, a medical device used during heart surgery that is manufactured by Maquet Medical Systems. According to the FDA recall announcement, the TigerPaw II may cause tissue tearing or bleeding when used during heart surgery. The FDA has received at list 51 reports of adverse events linked to the TigerPaw II, including at least one death. Read the full article…

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Blue Bell admits it knew about factory listeria contamination linked to recall as far back as 2013

Documents released by the Food and Drug Administration have revealed that Blue Bell Creameries knew about bacterial contamination at its Broken Arrow, Oklahoma plant as far back as 2013. Blue Bell issued a complete recall of its entire product line last month following a listeria outbreak linked to the contamination at the Broken Arrow plant and other Blue Bell facilities. Read the full article…

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Trek recalls nearly one million bicycles due to front disc brake problem linked to serious accidents

Trek Bicycle has recalled nearly one million bikes in the U.S. and Canada due to a problem with the front wheel braking system on the bicycles that could lead to a crash, causing serious injuries. Trek issued the recall following reports of at least three accidents caused by the front wheel defect, including one crash that left the rider permanently paralyzed. Read the full article…

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Blue Bell recalls all products after more Listeria bacterial contamination cases found in Texas, other states

Blue Bell Creameries has issued a complete recall of its entire product line of ice cream, frozen yogurt, sherbet, and other frozen treats in response to multiple reports of bacterial contamination at the company’s plants. Blue Bell products contaminated with Listeria monocytogenes have been linked to at least four deaths and 10 cases of illness across Texas and other states over the past year. Read the full article…

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Florida medical malpractice wrongful death damage caps overturned in state Supreme Court ruling

The Florida Supreme Court has ruled that damage caps in medical malpractice wrongful death lawsuits are unconstitutional under state law. In a 5-2 ruling in Estate of McCall v. Unites States of America, the state’s Supreme Court said that a Florida law limiting “non-economic” damages for malpractice violated the Equal Protection Clause of the Florida Constitution. Read the full article…

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Judge in Gawker interns class action rejects plan for settlement notifications for opt-in plaintiffs via social media

A group of interns who filed a class action lawsuit against Gawker for violations of FLSA overtime laws have lost their bid to notify potential opt-in plaintiffs of a settlement in the case via social media. U.S. District Judge Alison J. Nathan ruled that a proposal submitted by the Gawker interns to disseminate information about the settlement via Facebook, Twitter, and other online platforms would only serve to call attention to federal labor law violations by the gossip website, not to notify eligible plaintiffs of their right to opt-in to the settlement. Read the full article…

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