On April 23, 2020, BioFinest issued a recall for their Wintergreen Essential Oil. According to the recall, number, 20-739, the product contains methyl salicylate, a substance which must be contained in child-resistant packaging – based on the Poison Prevention Packaging Act (PPPA). Because the product is not in child resistant packaging, it poses a poisoning risk to children. The recall has affected approximately 20 products.
The recall includes the 1/3 fl. oz (10 mL) and 3.3 fl. oz (100 mL) products, which consist of amber glass bottles with black caps. The 100 mL glass bottles include a dropper. The products have a white label which displays the BioFinest company logo, the product name, as well as the volume amount of the bottle. The affected UPC codes include 759578392443 (for the 10 mL bottle) and 759578392436 (for the 100 mL bottle); the UPC codes are printed on the label.
The defective products were sold exclusively online at Biofinest.com for approximately $11 each; the products were available from July 2019 through December 2019. According to the company, no incidents or injuries have been reported. However, consumers are being urged to immediately store the product out of the reach of children and contact them for instructions on disposing the product and receiving a full refund.
How have you and your family been affected by the recall? Was your child harmed as a direct result of the defective product? Did your child suffer poisoning? Did your child suffer symptoms of methyl salicylate poisoning? Did your child lose his or her life due to the injuries suffered? If your child was harmed as a direct result of the defective product, you might have grounds to pursue a claim against the company that made the product available to consumers. More specifically, you could file a product liability lawsuit.
Are you interested in learning more about your right to file a product liability lawsuit for the harm that your child suffered due to the defective product? If so, do not hestiate to seek legal assistance with the experts at our firm as soon as possible. You might even be eligible to recover monetary compensation for the harm suffered.
If you are ready to explore the legal options available to you, you should contact the experts at Normandie Law 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. Our product liability attorneys are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. If you are ready to discuss your claim with the product liability experts at our firm, do not hesitate to contact us and request to speak with our product liability lawyers as soon as possible.
The Danger of Methyl Salicylate Poisoning
Methyl salicylate is a substance that can be toxic if consumed in large amounts. Because of that, it is required to be contained in child-resistant packaging – as determined by the PPPA. When the substance is ingested, a number of symptoms could appear, including some of the following:
- Kidney failure
- Tinnitus
- Eye irritation and loss of vision
- Swelling of the throat
- Low blood pressure and collapse
- Respiratory issues
- Nausea and vomiting
- Coma
- Fever
- Headaches
- Drowsiness
- Dizziness
- Deafness
With prompt treatment, a full recovery is possible. However, when large amounts of the substance are ingested and treatment is delayed, the poisoning could be fatal. If your child suffered methyl salicylate poisoning associated with the defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Understanding the Concept of Product Liability
Based on the details surrounding the incident, you might have grounds to sue based on the concept of product liability. Based on product liability, companies – such as BioFinest – owe their consumers a duty of care. More specifically, companies have the duty to ensure that their products are safe for their consumers to use. Companies must test and inspect their products to be able to identify and address any dangers present in their products; they must then identify and address the dangers/defects present. When companies fail to do this, they are breaching their duty of care towards their consumers. This puts consumers at risk of suffering harm.
Whenever a defective product directly contributes to the harm that a consumer suffers, the company could be held liable. This is based on the concept of product liability. In addition, product liability also gives consumers the right to sue – specifically, to file product liability claims. If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
How to Prepare to Pursue Your Claim
If your child suffered harm associated with the defective product, you should do the following:
- Take photos of your child (your child might look physically ill due to the poisoning)
- Take photos of the defective product
- Take photos of the scene of the incident
- Seek medical care as soon as possible
- Store the product in an area away from children
- Contact the company to report the incident and the harm suffered
- Do not agree to a refund, a repair, or a replacement
- Do not agree to return the defective product
- Do not agree to discard the defective product
- Speak to witnesses present at the time of the incident
- Gather any video footage that might have captured the incident (such as footage from baby monitors or home surveillance cameras)
- Gather all relevant medical records
- Gather records of the purchase of the product
- Seek legal assistance as soon as possible
When you follow these recommendations, you are essentially preparing to take legal action against the company that negligently released the defective product. If you would like to learn more about the importance of following the steps listed above, do not hesitate to seek the guidance of the experts at our firm as soon as possible.
You Could 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 monetary compensation will never reverse the harm that your child suffered, it can help you and your family move forward after the traumatic experience. Could you really be eligible to recover monetary compensation? Depending on the details surrounding your claim, you could recover compensation for some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damage
To learn more about the type and amount of compensation that you could be eligible to receive, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers will evaluate your claim and provide you with the guidance that you need to gain a better understanding of the type and amount of compensation that you could be eligible to receive. When you allow the experts at our firm to handle your claim, you can trust that our lawyers will fight for your right to recover the highest amount of compensation available for your claim.
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
The Statute of Limitations
Although you have the right to sue based on the concept of product liability, you could lose your right to sue if you do not file within the appropriate length of time. This is because you must sue within the time allowed by the statute of limitations. The statute of limitations determines the specific length of time that claimants have to file their claims. If claimants fail to file their claims within the time allowed by the statute of limitations, they will lose the right to sue. How long do you have to pursue your claim? In California, product liability claims are subject to a two-year statute of limitations. This means claimants only have two years to file their claims. In claims involving children, however, exceptions to the statute of limitations could apply – resulting in a tolled or paused statute of limitations. Because you could lose your right to sue, it is essential that you gain a thorough understanding of the time that you have to pursue your claim by speaking with an experienced attorney.
Contact Normandie Law Firm Today
Are you interested in taking legal action against BioFinest for the harm that your child suffered? If so, do not hesitate to seek legal assistance with the experts at Normandie Law Firm as soon as possible. Normandie Law Firm is a personal injury law firm dedicated to representing all victims harmed by the negligence of other parties or entities. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to hold the negligent company accountable for the harm that your child suffered. Are you ready to discuss the details surrounding your claim with the product liability lawyers at our firm? If so, do not hesitate to contact us at your earliest convenience.
Our firm offers free legal services, which include both free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer your questions; our lawyers will also be available to address all of your concerns. Our lawyers will essentially be available to provide you with all the information that you might need to pursue your product liability claim. If you are ready to benefit from our free legal services and discuss your claim with the experts at our firm, do not hesitate to seek legal assistance with our lawyers as soon as possible.
We offer a Zero-Fee guarantee which ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Our firm is also based on a contingency structure, meaning that our clients will not be required to pay anything until after you win.
Are you ready to discuss your claim against BioFinest with the experts at our firm? If so, do not hesitate to seek legal assistance with our experts as soon as possible.
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