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Chicago food poisoning attorneysMany food products are recalled in the U.S. each year because of the risk of food poisoning related to the products. Unfortunately, the recalls often do not occur until after at least several people become sick from eating the food. For instance, Wawona Packing Company recalled packages of peaches in August because of suspected salmonella contamination after 68 confirmed cases and 14 hospitalizations. The peaches are sold in Aldi stores in nine states, including Illinois. Despite efforts to warn the public, some people become sick from eating a contaminated product even after a recall. To protect yourself, you need to know where to find information on food recalls and what to do if you have a recalled product.

How Do I Learn About Food Recalls?

Food recall orders often originate from the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), which are the government organizations that investigate outbreaks of foodborne illness. Sometimes, the producer will issue a voluntary recall of the product after it learns of possible contamination. National and local media will often report prominent food recalls, and the FDA and CDC can also communicate directly with the public through social media. If you want to be proactive in learning about food recalls, you can sign up for food safety alerts from the FDA and CDC or check their websites, where they post details about recent recalls.

What Should I Do If I Have a Recalled Product?

The recall notice will give instructions on how to identify a recalled product and possible health risks related to the product. If you find a recalled food product at your home, you should:


There has been substantial media attention and reaction from affected patients regarding metal-on-metal hip implants over the last decade or so. Of course, one of the most famous examples is the articular surface replacement, or ASR, implant which was manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. Tens of thousands of the devices were implanted in patients before injuries, immobility, and even metal poisoning led to their recall in 2010. More than 7,500 lawsuits have been filed against DePuy and Johnson & Johnson, seeking billions in damages, and class action suits remain ongoing. It can difficult, however, for the average consumer to understand how medical devices such as the ASR implant ever get through the testing process and receive regulatory approval before going to market.

In the case of medical devices, even ones that eventually prove dangerous, substandard manufacturing is not often the problem. Rather, getting to the product to market frequently takes priority over careful design testing processes which allow for potential issues to be remedied prior to effecting patients and consumers. Many assume that industry and government regulators, like the Food and Drug Administration (FDA), would be responsible for ensuring that poorly designed devices never make it to market. They would be partially correct in that assumption, but many device manufacturers have found a loophole in federal regulations that reduce the FDA's oversight in particular situations.

Substantially Equivalent


Most Americans recognize the potential dangers of undercooked meat or raw eggs. In fact, many restaurant menus carry warnings that beef cooked less than well-done may place the diner at elevated risk for foodborne illness. While the concerns over meat, eggs, and often dairy products, are certainly based in fact, government research indicates that, more than any of these, fruits and vegetables represent the largest source of foodborne illness in the United States.

The Centers for Disease Control and Prevention (CDC) reports that approximately 9 million Americans are affected by food poisoning, or foodborne illness, each year. More than 50,000 require hospitalization, and about 1,000 cases every year prove to be fatal. In an effort to better understand foodborne illness, causes, impacts, and the types of foods affected, the CDC regularly commissions and conducts extensive research into the issue. Last month, the agency releases its latest study and the findings may be a bit surprising.

Analyzing data submitted to the CDC's Foodborne Disease Outbreak Surveillance System (FDOSS), the study looked at more at more than 950 separate outbreaks to best account for involved food types. Researchers identified the illness-causing pathogen related to each outbreak, and determined that salmonella accounted for more than 62 percent of them, by far the most for any particular pathogen. E. coli represented approximately 18 percent of cases and campylobacter caused 17 percent. Less than three percent were attributable to listeria monocyogenes.

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If you have been implanted with a metal-on-metal hip implant, and you are suffering from pain or other problems, you are not alone. The FDA has received numerous reports about these devices, which lead to the creation of an entire website containing information on what to do if you have been hurt. In some cases, revision surgery may be required to correct the problems caused by the implant.

Depending on your condition, you may need to evaluate whether revision surgery can rectify a problem with your existing defective metal hip implant. If you already have a device fracture, loosening, dislocation, or infection, you should consult with your doctor as soon as possible. And if you find that you are developing local or systemic problems in relation to release of metal particles into your bloodstream, it is in your best interest to get medical attention sooner rather than later.

However, with that said, there are risks with revision surgery. One risk is having a reaction to the anesthesia or experiencing bleeding, infection, or blood clots. Speak with your doctor beforehand so that you are clear on the risks of participating in surgery. The surgery might be harder on you if the original implant affected your bone quality or soft tissue.


The world's largest provider of products in the health care field is considering the benefits of settling a huge case regarding hip implant recalls. There are approximately 11,500 lawsuits pending around the country with regard to the defective medical devices, with numerous plaintiffs alleging serious medical conditions and side effects after their hip implants were installed.

The product manufacturer is considering settling all of the lawsuits with an offer of more than $300,000 per case. If it moves forward, this settlement would exceed $3 billion if the plaintiffs were to approve the terms. Previous discussions have yielded settlement offers of less than half this current amount.

In 2001, a manufacturer of a similar product, Sulzer, settled their cases for $1 billion. There are currently seven product-liability trials regarding J&J being held between September and January, which could certainly influence any settlement offers. The negotiations happening during this time are kept private.

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