On June 11, 2020, Davina Wellness issued a recall for their Wintergreen Essential Oil as well as the Kneads Relief Sore Muscle Blend. According to the recall, number 20-750, the affected products contain methyl salicylate – which is a substance required to be in child-resistant packaging per the Poison Prevention Packaging Act (PPPA). Because the packaging is not child-resistant, it poses a risk of poisoning to young children – as they could possibly access the contents of the product and swallow the substance. The recall has affected approximately 300 products.
The recall specifically involves the Davina Wintergreen Essential Oil and the Davina Kneads Relief Sore Muscle Blend bottles. The bottles have black continuous thread closures. The essential oil is available only in a 10 mL bottle, while the blend is available in the 2 mL, 5 mL, and 10 mL bottles. The bottles have a black label (on the front) which display the Davina logo, the product name, as well as the volume of the bottle.
The recalled products were available online via BrickyarBuffalo.com, Groopdealz.com, DavinaWellness.com, Jane.com, PickYourPlum.com, and Zulily.com. The products were available from April 2017 through June 2019 for prices ranging from $5 to $11. The oil blend was also available as part of a kit.
According to the company, no incidents have been reported. The company is urging all consumers affected by the recall to immediately store the product in a location out of the reach of children; in addition, consumers are being instructed to contact the company for a free replacement child-resistant cap. All known consumers are being directly notified by the company or by the online retailer from which the product was purchased.
What should you do? Did your child suffer harm as a direct result of the recalled essential oil products? Did your child suffer methyl salicylate poisoning? If so, you should not even consider agreeing to simply receiving a replacement cap for the defective product; rather, you should explore the legal options available to you and your family. Based on the details surrounding the situation, you might have grounds to file a product liability claim.
Are you interested in learning more about your right to file a product liability claim against Davina Wellness or any other company that negligently contributed to the harm that your child suffered? If so, do not hesitate to seek legal assistance with the product liability experts at our firm as soon as possible. You can trust the lawyers at Normandie Law Firm.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including the product liability claims that arise from the harm that consumers suffer because of defective products. If your child suffered methyl salicylate poisoning associated with defective packaging of a product, you can trust that our lawyers will be ready to evaluate your claim and provide you with absolutely all the guidance necessary to help you hold the negligent company accountable for their actions. If you are ready to discuss your claim with our defective product attorneys, do not hesitate to contact our firm at your earliest convenience.
The Danger of Methyl Salicylate Poisoning
As mentioned above, the PPPA requires products that contain methyl salicylate to be packaged in child-resistant packaging to ensure that children cannot access the dangerous substance. Unfortunately, products that do not meet the requirements of the PPPA can be easily accessed by young children. If young children ingest the substance, they run the risk of suffering poisoning.
Methyl salicylate poisoning can cause some of the following symptoms:
- Kidney failure
- Burning, redness, or tearing of the eyes (in addition to pain and light sensitivity)
- Low blood pressure (and collapse)
- Respiratory issues (such as no breathing, difficulty breathing, and rapid breathing)
- Nausea and vomiting
- Dizziness and deafness
- Headache, drowsiness, fever, and seizures
- Agitation, hallucinations, and confusion
- Coma
Fortunately, methyl salicylate poisoning can be treated efficiently and result in little to no complications with prompt treatment. However, if treatment is delayed the poisoning can be fatal). If your child suffered methyl salicylate poisoning, you should consider your legal options; after all, your child would not have suffered any harm if the product was not defective.
What is Product Liability?
Do you have the right to sue for the harm that your child suffered? Based on the details surrounding the incident, you might have grounds to file a product liability claim. Your right to sue is based on the concept of product liability. That is, companies have a duty to ensure that their products are completely safe for their consumers to use. Therefore, they must test and inspect their products to be able to identify and address the hazards present in their products. When companies fail to do this, they are breaching their duty of care and are putting their consumers at risk of suffering harm. The breach of duty could contribute to an incident, which could lead to harm to consumers. Based on the concept of product liability, if your child was harmed as a direct result of a breached duty of care (or a defective product), you could sue. More specifically, you could pursue a product liability claim.
Are you interested in learning more about your right to file a product liability claim against Davina Wellness for the harm that your child suffered? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
What Should You Do?
Did your child suffer methyl salicylate poisoning due to the defective product? If so, you might have grounds to sue – as mentioned above. To ensure that you have can pursue your claim, there are a number of things that you should do.
Consider the steps that you should follow after your child suffered harm do to the defective product:
- Take photos of your child (although there might not be any physical injuries, your child might look ill)
- Take photos of the defective product
- Take photos of the scene of the incident
- Seek medical care as soon as possible
- Contact the company to report the incident and the harm your child suffered
- Do not agree to a free replacement cap
- Do not agree to a free replacement product or a free repair
- Do not agree to return the defective product
- Do not agree to a refund
- Gather any video footage that might have captured the incident
- Speak to witnesses present at the time of the incident
- Collect all medical records
- Collect all records associated with the purchase of the defective product
- Seek legal assistance immediately.
You Could Sue and Receive Compensation
Could you be eligible to recover monetary compensation for the harm that your child suffered? Based on the details surrounding your claim, you might have grounds to receive monetary compensation for the harm that your child suffered. You could be awarded some of the following categories of compensation:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
- Attorney’s fees
If you would like to learn more about the type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome, do not hesitate to seek legal assistance with our experts immediately. Our product liability lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Contact our firm today for more information about the type and amount of compensation that you could be awarded.
How Long Do You Have to File Your Claim?
Are you interested in pursuing a product liability claim against Davina Wellness? If so, you must do so quickly – as you have a limited time to pursue your claim. All claims are subject to a statute of limitations, which determines the total length of time that claimants have to pursue a claim. The statute of limitations establishes the time that you have to file your claim; if you do not file on time, you could lose your right to sue.
What deadline applies to your product liability claim? How much time do you have to sue Davina Wellness for the harm that your child suffered? In California, product liability claims are normally subject to a two-year statute of limitations, meaning that a child’s parents have two years to pursue a claim. However, the victim could also pursue his or her claim independently. This is because exceptions apply to claims involving harm to children; therefore, the statute of limitations is tolled or paused until the child becomes a legal adult. Then, the statute of limitations will resume and the victim will have two years to file his or her claim; this is only possible when the victim’s parents did not pursue a claim on his or her behalf already.
To ensure that you have a thorough understanding of the time that you have to pursue your claim for methyl salicylate poisoning associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm today.
Contact Normandie Law Firm Today
Did your child suffer poisoning associated with defective essential oils or essential oil blends? If so, you might have grounds to pursue a product liability claim. Specifically, you might have grounds to pursue a claim against Davina Wellness. If you would like to learn more about your right to file a product liability claim for the harm that your child suffered due to essential oils in defective packaging, you can trust the experts at our firm to provide you with the guidance that you need to reach a successful claim outcome.
At Normandie Law Firm, we are dedicated to providing all affected consumers with the guidance that you need hold the negligent company accountable for the harm that your child suffered. If you are ready to discuss your claim with the experts at our firm, contact us immediately. At our firm, we offer free legal services, which include both 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. Our product liability lawyers will essentially provide you with all the information that you need to pursue your claim – whether you want to start or continue your claim, you can trust our experts to provide you with the guidance that you need to reach a successful claim outcome. If you are ready to benefit from our free legal services, contact us today.
As mentioned above, we offer free legal services. Our free legal services are part of our Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront fees for any of our legal services. Additionally, our firm is based on contingency; therefore, our claimants will not have to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything for our legal assistance during your claim.
If you would like to discuss your claim with our experts, contact us today.
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