On July 8, 2020, Pranarom issued a recall for the Wintergreen Essential Oils. According to the recall, number 20-147, the product contains methyl salicylate – a substance that is required to be packaged in child-resistant packaging per the Poison Prevention Packaging Act (PPPA). Because the packaging is not child resistant, it is easy for children to access to substance, ingest it, and potentially suffer methyl salicylate poisoning. The recall has affected approximately 960 units.
The recall specifically involves the Pranarom wintergreen (Gaultheria fragrantissima) essential oils, which were available in amber glass bottles with white caps. The product was available in .17 fl. Oz. (5 mL) bottles. The products are associated with UPC code 8-59493-01067-2 and lot numbers 99WI1233016BNv2 and OF31274v2 (the UPC code can be found on the back of the label while the lot number can be found printed both next to the UPC code and on the bottom of the packaging).The bottles have white labels which display the Pranarom logo, the product name, as well as the volume amount.
The recalled products were available at small, independent grocery stores as well as food cooperatives nationwide; they were also available online at www.rosemarygarden.com. The recalled essential oils were sold for approximately $7 each; they were available from June 2018 through April 2020.
According to the company, no incidents or injuries have been reported. Nonetheless, the company is urging consumers affected by the recall to immediately dispose of the product and contact the company for a free replacement.
Should you follow these recommendations? You should only follow the recommendation of disposing the product and requesting a free replacement if the defective product did not directly lead to harm to a child in your home. However, if the recalled essential oil directly contributed to the methyl salicylate poisoning that your child suffered, you should not follow the recommendations made by the company – instead, you should explore the legal options available to you.
Based on the details surrounding the incident, you might have grounds to file a product liability claim against Pranarom. If you are interested in learning more about your right to sue for the harm that your child after suffering methyl salicylate poisoning associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. 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, our lawyers have many years of experience handling all sorts of claims – including product liability claims. Our lawyers are committed to representing the rights and best interests of our clients. If you would like to learn more about your right to pursue a product liability claim for the harm that your child suffered, do not hesitate to seek legal assistance with the experts at our firm immediately.
The Danger of Methyl Salicylate Poisoning Associated with Recalled Essential Oils
Recently, there has been a surge of recalls related to essential oils in defective packaging. Wintergreen essential oils, for instance, contain methyl salicylate which can be dangerous when ingested. Because of this danger, the substance is required to be packaged in child-resistant packaging. As explained above, the recalled product is not in child-resistant packaging; therefore, children can easily access the product and ingest it – resulting in poisoning.
Methyl salicylate poisoning is associated with a number of symptoms, including some of the following:
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Eye irritation, including light sensitivity, tearing, pain, redness, and burning
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Respiratory issues, including no breathing, difficulty breathing, and rapid breathing
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Stomach and intestinal issues, including nausea and vomiting
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Loss of vision, associated with corneal ulcers
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Collapse, associated with low blood pressure
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Hallucinations, agitation, and confusion
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Drowsiness and fatigue
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Throat swelling
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Kidney failure
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Headaches
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Dizziness
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Deafness
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Tinnitus
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Seizures
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Fever
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Coma
Although prompt treatment can lead to recovery from the poisoning, delayed treatment can have fatal results. Whether your child was able to recover with little to no complications or lost his or her life due to the poisoning, you should consider your right to pursue a claim – you might be eligible to pursue a product liability claim.
Product Liability and Your Right to Sue
If your child suffered harm associated with a defective product, you might have grounds to pursue a product liability claim. What determines your right to pursue a claim? Consumers have the right to sue for any harm caused by a defective product based on the concept of product liability. Based on product liability, all companies owe their consumers a duty of care – specifically, a duty to ensure that their products are completely safe for their consumers to use.
What does this mean for companies? Because of this duty of care that is owed to consumers, companies must thoroughly test and inspect their products to ensure that they are safe to be released to consumers. Even though companies owe this duty of care to consumers, they can breach their duty of care and fail to ensure that their products are safe for consumers to use. If they breach their duty of care, they can recklessly make defective products available to the public.
A breached duty of care (that is, the release of a defective product) can directly contribute to an incident, which can harm the consumer. If a consumer suffered harm as a direct result of a defective product, the consumer could pursue a claim. In other words, you could sue for the harm that your child suffered associated with a defective product. If you would like to learn more about your right to sue for the methyl salicylate poisoning that your child suffered due to a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Affected Consumers Must Act Accordingly
If your child suffered harm as a direct result of a defective product, you should act quickly and appropriately to ensure that you can eventually pursue a claim against the liable company. What should you do? Consider following the suggestions listed below:
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Seek medical attention as soon as possible
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Photograph your child (your child is likely to look physically ill even without any obvious injuries)
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Photograph the defective product
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Photograph the entire scene of the incident
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Contact the company to report the incident and the harm suffered
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Do not agree to a free replacement
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Do not agree to return the defective product
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Do not agree to dispose of the defective product
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Do not agree to a free refund
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Do not agree to a free repair
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Note:
the defective product is your primary piece of evidence
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Speak to any witnesses present at the time of the incident
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Gather all medical records associated with the harm that your child suffered
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Gather all records associated with the purchase of the defective product
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Seek the expertise of a product liability lawyer as soon as possible
Could You Recover Compensation?
Based on the details surrounding your product liability claim, you could be eligible to recover compensation for the harm that your child suffered. Although every claim is different, you could be eligible to recover some of the categories of compensation listed below:
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Medical expenses
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Lost wages
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Pain and suffering
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Funeral and burial costs
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Loss of consortium
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Punitive damages
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Legal expenses
To learn more about the type and amount of compensation that you could be eligible to receive if your product liability claim against Pranarom or any other company is successful, do not hesitate to seek legal assistance with the experts at our firm immediately. Besides helping you understand the type and amount of compensation that you could recover, you could trust that our product liability experts are ready to aggressively fight for your right to recover the highest amount of compensation available. Contact our firm today to learn more about the compensation that you could be awarded.
File Your Product Liability Claim Today
Although you might have grounds to sue for the harm resulting from a defective product (based on product liability as previously discussed), you could lose your right to sue if you fail to file your claim within the appropriate length of time. All claims are subject to deadlines which are established by a statute of limitations. In California, product liability claims are subject to a two-year statute of limitations, which gives claimants two years to pursue their claims. However, important exceptions can apply – exceptions which can toll or pause the deadline that applies to their claims. For instance, in cases involving harm to children, the statute of limitations could be tolled until the victim reaches an adult age; then, the deadline will resume and the victim, and the victim could pursue a claim (this only applies if the victim’s parents have not already pursued a claim on his or her behalf). To ensure that you have a thorough understanding of the time that you have to file your claim, contact our experts today.
Contact Normandie Law Firm Immediately
Did your child suffer methyl salicylate poisoning associated with a defective product? If so, you might have grounds to pursue a claim. If you are interested in learning more about your right to pursue a claim for the methyl salicylate poisoning that your young child suffered due to a defective product, do not hesitate to contact the product liability lawyers at our firm as soon as possible. Our lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome and recover the compensation to which you and your family are entitled.
Would you like to learn more about your right to pursue a product liability claim against Pranarom or any other negligent company that contributed to the harm that you or a member of your family suffered due to a defective product? If so, you should contact our firm immediately to explore the legal options available to you. When you contact our firm, you will find that we offer free legal services – which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. You can trust that our lawyers are ready to provide you with all the information that you need to reach a successful claim outcome. If you would like to benefit from our free legal services, contact our firm today.
Our firm offers a Zero-Fee guarantee, which ensures that our clients will not be required to pay any upfront legal fees for our legal services. In addition, our firm offers a strict contingency structure. Because of our strict contingency structure, our clients will not be responsible for paying anything until after reaching a successful claim outcome. If you do not win, you will not have to pay anything for our legal services.
Are you ready to discuss your product liability claim against Pranarom with the experts at our firm? If so, contact us today.
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