On May 21, 2020, Viva Doria issued a recall for their Wintergreen Essential Oil. According to the recall, number 20-746, the product must be in child resistant packaging because it contains methyl salicylate, which can be dangerous if ingested. Because the product is not in child-resistant packaging, it violates the Poison Prevention Packaging Act (PPPA) and represents a poisoning risk to children. The recall has affected approximately 520 units of the product.
The recall specifically involves the Viva Doria Wintergreen Essential Oil which was sold in a 30 mL (1 fl. oz) amber glass bottle; the bottle had a black euro dropper cap. The recalled product can be identified by UPC code 638037993110, which is listed on the label under the product bar code. The product has a green label, which displays the Viva Doria logo, as well as the product name, and the volume in the bottle.
The recalled essential oils were available online via VivaDoria.com, Ebay.com, and Amazon.com for approximately $10 each. The product was available for consumers from May 2019 through April 2020.
According to the recall, no incidents or injuries have been reported. The company is urging all affected consumers to immediately store the product in an area out of the reach of children. Additionally, consumers are being urged to contact the company for instructions on disposing the product and receiving a full refund.
Did the defective product contribute to the harm that your child suffered? Did your child suffer methyl salicylate poisoning because of the defective Viva Doria essential oil? If so, you should not dispose of the product or agree to a refund. Instead, you should explore the legal options available to you. Based on the details surrounding the incident and the harm that your child suffered, you could file a product liability claim. Are you interested in learning more about your right to file a product liability claim for the harm that your child suffered? If so, do not hesitate to seek legal assistance with the experts at our firm immediately.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims. Our lawyers are dedicated to representing all affected individuals and guiding them towards successful outcomes. Our lawyers are experienced in product liability law and are ready to help you pursue a claim against the negligent company that contributed to the harm that your child suffered. If you would like to learn more about your right to pursue a product liability claim, do not hesitate to seek legal assistance with the experts at our firm immediately.
The Risk of Methyl Salicylate Poisoning
The PPPA, mentioned above, requires certain household products which could be toxic if ingested to be packaged in child-resistant packaging. When potentially dangerous substance is packaged in child-resistant packaging, there is a lower risk of a young child accessing the substance and getting poisoned. However, since the recalled wintergreen essential oils are not in child-resistant packaging, children can suffer poisoning – they can suffer significant harm and even lose their lives.
Methyl salicylate poisoning is associated with a number of symptoms, including but not limited to the following:
- Kidney failure
- Eye irritation
- Tinnitus
- Corneal ulcers
- Throat swelling
- Low blood pressure (collapse)
- Difficulty breathing
- Rapid breathing
- Deafness
- Dizziness
- Headache
- Fever
- Nausea
- Vomiting
- Coma
If the methyl salicylate is treated quickly, the child is likely to survive without any major complications. However, methyl salicylate can be fatal if treatment is delayed or if a large amount of the substance is ingested.
Did your child suffer methyl salicylate poisoning? If so, do not hestiate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers will help you hold the negligent company accountable for the harm that your child suffered because of the defective product.
Your Right to Sue Based on Product Liability
Could you hold Viva Doria accountable for the harm that your child suffered? Based on the details surrounding the incident and the harm that you suffered, you could have grounds to sue – specifically, you might have grounds to sue based on the concept of product liability. What is product liability? Product liability is based on four elements – a duty of care, a breach of duty, cause, and harm. In other words, all companies owe their consumers a duty of care, a duty to ensure that their products are safe for consumers to use. When companies fail to identify and address any hazards present in their products, they are breaching their duty of care, which can cause an incident that could directly lead to harm. Based on the concept of product liability, any time that a consumer is harmed as a direct result of a breached duty of care (or a defective product), the company that made the defective product available for purchase could be held accountable. For more information about your right to sue based on the concept of product liability, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
What Should Consumers Do after Children Suffer Methyl Salicylate Poisoning?
Did your child suffer methyl salicylate poisoning? If so, there are a number of things that you should do to ensure that you prepare to pursue a claim for the harm resulting from the defective product. What should you do? Consider the following points listed below:
- Seek medical care for your child immediately
- Take photos of your child (your child might be visibly ill)
- Take photos of the defective product
- Take photos of the scene of the incident
- Contact the company to report the incident and the harm suffered
- Do not agree to discard the defective product
- Do not agree to return the defective product
- Do not agree to a free replacement
- Do not agree to a refund
- Speak to any witnesses present at the time of the incident
- Gather any home video footage that might have captured the incident
- Collect medical records
- Collect records associated with the purchase of the defective product
- Seek legal assistance with the experts at our firm immediately\
You Could Sue and Recover Compensation
As previously mentioned, you could be eligible to pursue a product liability claim for the harm that your child suffered. If your product liability claim is successful, you could be eligible to recover monetary compensation. Could you really be eligible to recover compensation? If so, what type of compensation can you receive? Based on the details surrounding your claim, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial damages
- Punitive damages
For more information about the type and amount of compensation that you could be eligible to receive if your product liability claim is successful, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. The product liability lawyers at our firm are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome and recover the maximum amount of compensation available for your claim. If you are ready to discuss your claim with the experts at our firm, contact us immediately.
File Your Claim Within the Appropriate Timeframe
Your claim is subject to a statute of limitations, which determines the specific length of time that you have to pursue your claim. If you fail to file your claim within the time allowed by the statute of limitations, you could lose your right to sue. How long do you have to file your claim? In California, product liability claims are normally subject to a two-year statute of limitations; therefore, claimants only have two years to sue. However, claimants must know that exceptions could apply. For example, in cases that involve child victims, the statute of limitations could be tolled or paused until the victim reaches an adult age; when the victim reaches an adult age, the statute of limitations will start running and the victim will be able to sue. To ensure that you have a thorough understanding of the time that you have to pursue your claim, do not hesitate to seek legal assistance with our experts immediately to learn more about the total length of time that you have to sue.
Contact Normandie Law Firm Today
Did your child suffer methyl salicylate poisoning associated with the recalled wintergreen oil made available by Viva Doria? If so, you might have grounds to file a product liability claim. If you are interested in learning more about your right to sue Viva Doria and recover compensation for the harm that your child suffered associated with methyl salicylate poisoning, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including product liability claims. If you would like to discuss your claim with the experts at our firm, do not hesitate to contact us today.
At Normandie Law Firm, we offer free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns, ensuring that you have access to all the information that you need to pursue your claim and reach a successful outcome. If you are ready to discuss your current situation with the experts at our firm, do not hesitate to contact us immediately.
At Normandie Law Firm, we also offer a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront legal fees for our legal services. Our firm is also strictly based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything.
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