Bliven Law Firm, P.C.

Blog

Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

CATEGORY ARCHIVES: FOOD SAFETY

NAVITAS NATURALS© EXPANDS VOLUNTARY RECALL FOR ORGANIC SPROUTED CHIA POWDER PRODUCTS

Navitas Naturals©, the Superfood Company™, today announced an expansion of its voluntary and precautionary recall to include additional expiration dates of products containing Organic Sprouted Chia Powder, due to the possible presence of Salmonella.

ucm400187

“Based on investigations by FDA and California Department of Public Health, one of our suppliers Health Matters America Inc. has expanded their recall of Chia products. As a result, we are expanding our voluntary recall to include a broader date range of products. Our business depends on providing safe and healthy food and we will not take chances with our consumer’s wellbeing. Because of this priority, in an abundance of caution, we have deliberately and voluntarily expanded this recall” stated Zach Adelman, Chief Executive Officer of Navitas Naturals. Based on information from CDC we are not aware of any reported illnesses associated with the products included in this expanded date range.

The affected products were distributed nationally and include:

  • Navitas Naturals Organic Sprouted Chia Powder, 8oz, UPC 858847000369 all best by dates up to and including 11/22/2015
  • Navitas Naturals Omega Blend Sprouted Smoothie Mix, 8oz, UPC 858847000314 all best by dates up to and including 11/05/2015

ucm400193
Williams-Sonoma Omega 3 Smoothie Mixer, 8 oz, SKU 506436 all best by dates up to and including OC 2015

No other Navitas Naturals products are affected by this recall.

“We are continuing to work hand-in-hand with the FDA and California Department of Public Health. We take our responsibility to consumers very seriously and we are taking immediate actions within our supply chain and with our own quality assurance protocols to ensure this does not happen again” stated Adelman.

Consumers who have purchased either of these products are urged to not eat the products, and to dispose of them or return them to the store where they were originally purchased.

Salmonella is an organism that can cause serious and sometimes fatal infections in young children elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea, nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses.

ucm400190
Customers with questions or who would like product replacements or refunds may contact (406) 755-6828.

Kalispell attorneys, Bliven Law Firm, P.C., represent injured victims of Salmonella poisoning. If you or someone you know has been sick because of Salmonella or other bacteria from recalled food products, or food borne illness contact the attorneys at Bliven Law Firm, P.C. for a free case evaluation. You may be entitled to payment of wage loss, medical expenses and other damages for food borne illness damages.

MASSIVE AMOUNTS OF GROUND BEEF RECALLED DUE TO POSSIBLE PRESENCE OF E.COLI, THE 0157:H7 CONTAMINATION

470_2645275-300x240The USDA recalled 10 lb. pageages of “National Beef” 80/20 Coarse Ground chuck. The exact details can be found under the News Release portion of USDA. http://www.fsis.usda.gov. According to the Centers for Disease Control and Prevention on a total of 33 persons have been infected with the deadly Shinga Toxin producing Escherichia coli commonly referenced as (STECO157:H7). The major concern with this toxin is that for young children, the elderly or otherwise immune compromised individuals, may develop HUS. HUS is a type of kidney failure that can result in kidney failure and death. Symptoms develop over a period of 4-7 days after consumption and include, vomiting, ,

Diarrhea along with high fever and fatigue. If you have eaten this product and you are experiencing the above symptoms within the incubation period seek medical help immediately.

There have been no reports accounted for in Montana. There have been 2 cases of HUS which have resulted as of this date. Hemolytic-uremic syndrome (or haemolytic-uraemic syndrome), abbreviated HUS, is a disease characterized by hemolytic anemia (anemia caused by destruction of red blood cells), acute kidney failure (uremia), and a low platelet count (thrombocytopenia). http://en.wikipedia.org/wiki/Hemolytic-uremic_syndrome. This condition is often caused by the STEC) 157:H7 toxin. In other outbreaks it has led to death. In many situations physicians will treat symptoms with anti-biotics. This makes the situation worse in most cases. If HUS is detected in my opinion only a top level trauma center would be recommended. Since there are no such trauma centers here in Montana or Flathead County, patients in my experience have been successfully treated at Sacred Heart in Spokane, Harbor View, and Oregon Health Sciences University Hospital.

The Department of Agriculture has detected the toxin from the National Beef Packing Co. in Liberal Kansas. Approximately 23,000 pounds have been recalled.

Although no cases have been reported yet in Montana, the CDC is concerned that the beef may still be in freezers. Moreover much of the plants products are sold to fast food distributors which could enlarge the outbreak to other states including Montana. Moreover, the condition travels with you. If you consume the product at a fast food restaurant in another state then you may suffer from the E. Coli although there are no reported cases here in Montana yet. Often it takes a year to understand the full extent of an outbreak.

If you are unsure, contact your local health department they will take down your symptoms and compare them with those of the particular outbreak identified by the CDC. If you feel you have suffered food poisoning obtain medical attention without delay and contact our office to protect your legal rights. We fight for those who suffer from unsafe food production.

Written by Scott L. Anderson, food poisoning attorney, licensed in Montana, Oregon Alaska 

 WASHINGTON, June 18, 2013 – National Beef Packing Co., a Liberal, Kan., establishment, is recalling approximately 22,737 pounds of raw ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The following products are subject to recall:

• 10 lb. packages of “National Beef” 80/20 Coarse Ground Chuck, package code “0481.”
• 10 lb. packages of “National Beef” 81/19 Coarse Ground Beef, package code “0421.”
• 10 lb. packages of “National Beef” 80/20 Fine Ground Chuck, package code “0484.”

All these products have a “USE BY/SELL BY DATE” of June 14, 2013, and bear the establishment number “EST. 208A” inside the USDA mark of inspection. The products were produced on May 25, 2013, and shipped to various institutions and retail establishments in Texas, Tennessee, Kansas, Mississippi, Illinois, Georgia, Kentucky, Louisiana, Oklahoma, Missouri, Arkansas, and Arizona. FSIS and the establishment are concerned that some product may be frozen and in shoppers’ freezers.

The problem was discovered through routine FSIS monitoring which confirmed a positive result for E.coli O157:H7. An investigation determined the firm was the sole supplier of the source materials used to produce the positive product. FSIS and the company have received no reports of illnesses associated with consumption of these products.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. When available, the retail distribution list(s) will be posted on the FSIS website at: http://www.fsis.usda.gov/recalls

TOFT DAIRY ISSUES IMMEDIATE VOLUNTARY RECALL OF BUCKEYE BITES ICE CREAM 48 OZ CARTONS AND 3 GALLON TUBS

ucm323320After receiving a recall notice from a former supplier of peanut butter base, Toft’s has issued a voluntary recall on 48 oz cartons and 3 gallon tubs of Buckeye Bites Ice Cream with expiration dates of March 14,2013 or before.

Any 48 oz or 3 gallon tub of Toft’s Buckeye Bites with an expiration date after March 14, 2013 is NOT involved in this recall due to us switching peanut butter suppliers on March 15, 2012. Toft’s Prime Time Buckeye Bites Ice Cream has been distributed throughout the state of Ohio and Southern Michigan.

The recalled product contains a peanut butter base that contains peanut butter manufactured by Sunland, Inc, which has just announced an expansion of a voluntary recall covering peanut products made in their Portales, New Mexico plant. Sunland’s peanut butter products have been linked to Salmonella outbreaks across the United States dating back to March 1, 2010. However, Ohio has yet to report any illnesses from Sunland’s recall. (Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting, and abdominal pain. In rare circumstances infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis, and arthritis. For more information on Salmonella, please visit the Centers for Disease Control and Prevention’s Website at http://www.cdc.gov ).

If you or someone you know has suffered illness or permanent injuries from eating contaminated food including Salmonella poisoning contact the Kalispell lawyers of ABliven Law Firm, P.C.

The Kalispell attorneys of Bliven Law Firm, P.C. handle food-borne illness cases. If you have suffered serious injuries, from food poisoning in Montana, contact our office for a free case evaluation. Our Montana lawyers are dedicated to helping injured food-poisoning victims.

CLEMMYS IS VOLUNTARILY RECALLING PEANUT BUTTER CHOCOLATE CHIP ICE CREAM DUE TO POSSIBLE HEALTH RISKS

ucm323148Clemmy’s Ice Cream of Rancho Mirage, CA is initiating a voluntary recall of Peanut Butter Chocolate Chip 16 ounce containers of ice cream that contains peanut butter associated with the Sunland, Inc., recall. The peanut butter used in this product has the potential to be contaminated with Salmonella.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Clemmy’s Ice Cream recalling this product which began with distribution in March 2011 nationwide and is available thru grocery stores.

A list of the recalled production lots is identified in the table below. The Clemmy’s brand product is packaged in a standard pint container with prominent label identification. The five-digit production code date is printed onto the bottom of the container. No other Clemmy’s flavors are affected by this recall.

Recalled Products and Production Code Dates
Brand Description Pack Size UPC Code Date Range
Clemmy’s
Peanut Butter Chocolate Chip
Pint
8 94509 00231 9
11038 – 12215
The first production date of 11038 corresponds to 02/07/2011 and the most recent production date of 12215 corresponds to 08/02/2012.

The product carries a 2-year best by print requirement, in the MM/YY format, so expiration date range to list would be:

BB 02/13 through BB 08/14. For more information, the FDA has issued a press release.

If you or someone you know has been injured because of salmonella related food poisoning, contact the Montana attorneys of Bliven Law Firm, P.C.

Our Kalispell lawyers represent innocent victims of salmonella poisoning in Montana product liability cases.  If you or a loved one has suffered food poisoning from Salmonella in ice cream or cookie dough, contact the Kalispell attorneys of Bliven Law Firm, P.C. for a free case evaluation. Food-borne illness in Montana can cause severe and permanent damages. Contact one of the Montana attorneys at Bliven Law Firm, P.C. to assist you with your Salmonella or other Food-borne illness case.

SMITH DAIRY ANNOUNCES VOLUNTARY RECALL ON SMITH’S AND RUGGLES BRAND PEANUT BUTTER CRUNCH ICE CREAM AND ACME BRAND PEANUT BUTTER TWIST ICE CREAM

ucm323137Smith Dairy Products Company announced a voluntary recall on SMITH’S Peanut Butter Crunch ice cream, Acme Peanut Butter Twist ice cream, and Ruggles Peanut Butter Crunch and Peanut Butter Crunch Brownie ice cream. The recall notification was initiated by Pecan Deluxe, the company that manufactures the peanut butter candy pieces in the products.

*Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

The products in question are:

DESCRIPTION
UPC
LOTS
SMITH’S Peanut Butter Crunch Ice Cream (1.75 Qt) 70424 08139 060-10 through 155-12
SMITH’S Peanut Butter Crunch Ice Cream (Half Gal) 70424 08139 060-10 through 155-12
Acme Peanut Butter Twist Ice Cream (Half Gal) 29313 46110 03/01/10 through 06/03/12
Ruggles Peanut Butter Crunch Ice Cream (3 Gal) 70424 08607 060-10 through 155-12
Ruggles Peanut Butter Brownie Crunch (3 Gal) 70424 08639 060-10 through 155-12

For more information, please visit the FDA’s press release.

If you have suffered serious or permanent injuries from consuming products sold with Salmonella, contact the Montana lawyers at Bliven Law Firm, P.C. for a free case evaluation. The Kalispell law office of Bliven Law Firm, P.C. aggressively represents innocent victims who have been personally injured from the negligence of others, including Montana food product liability cases from Salmonella contamination. Our Kalispell lawyers will aggressively fight for your legal rights to compensation while taking the time to personally care for your needs. If you have consumed contaminated food products in Montana, contact the Montana attorneys of Bliven Law Firm, P.C. for a free case evaluation.

RESER’S MRS. WEAVER’S PIMENTO SPREAD RECALLED

ucm301826Reser’s Fine Foods, Inc. of Beaverton, OR is voluntarily recalling 653 cases of 7 oz. Mrs. Weaver’s Pimento Spread that may have been packaged into containers marked Ham Salad. The Ham Salad label does not list milk ingredients on the label. People who are allergic to milk products run the risk of serious reaction if they consume this product.

The recalled 7 oz. Mrs. Weaver’s Pimento Spread was distributed in AR, AZ, FL, LA, MS, OK, TX, and WA between April 11, 2012 and April 17, 2012. The product is sold in a 7 oz. plastic container marked on the side of the lid with Aug/05/12. After the use by date is a facility identifier code of 20 followed by a timestamp No other package codes are affected by this recall.

For more information, click here

If you or someone you know has been personally injured by a defective or unsafe food product, contact the Montana attorneys at Bliven Law Firm, P.C. for a free consultation as you may be entitled to compensation for your injuries.

Bliven Law Firm, P.C. is a Kalispell law firm, with two Kalispell attorneys.

HOSTESS CANDY MIX RECALLED

rispak, Inc. of Grand Rapids, MI is voluntarily recalling 16 cases of GFS® Hostess Candy Mix 8-48 oz packages due to a potential mis-pack, resulting in undeclared allergens. A small number of cases of GFS® Hostess Candy Mix were inadvertently put into GFS® Chocolate Sprinkles packages. GFS® Hostess Candy Mix contains wheat and milk and may contain egg, none of which are declared on the GFS® Chocolate Sprinkles package. People who have an allergy or severe sensitivity to milk, eggs, and wheat run the risk of serious or life-threatening allergic reaction if they consume these products.

The GFS® Hostess Candy Mix in question was distributed from April 5th – 19th to Indiana, Ohio, Michigan, Kentucky, Pennsylvania, and Tennessee Gordon Food Service Marketplace Stores.

Product is in a red stand up GFS®, 48 oz pouch that says Chocolate Sprinkles. The code date is embossed on the top of the pouch as 088 12.

For more information on the recall, click here

If you have been injured because of undeclared food allergens, contact the Kalispell attorneys at Bliven Law Firm, P.C. for a free consultation.

DRY AND SMOKED VOBLA FISH RECALLED DUE TO BOTULISM CONCERNS

images (1)LA Star Seafood Co. Inc., Los Angeles, CA is recalling Vobla Dry and Vobla Smoked because they have the potential to be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death. Consumers are warned not to use the product even if it does not look or smell spoiled.

The sale of improperly eviscerated fish, 5 inches in length or greater, is prohibited because Clostridium botulinum spores are more likely to be concentrated in the viscera than any other portion of the fish. Uneviscerated fish has been linked to outbreaks of botulism poisoning which may pose a potentially life-threatening health hazard. Symptoms of botulism include blurred or double vision, general weakness, poor reflexes, difficulty swallowing and respiratory paralysis which may lead to death. People experiencing these problems should seek immediate medical attention.

The following products are recalled:

  • Vobla Dry, 20lb bulk boxes, not vacuum packed, no lot numbers or expiration dates.
  • Vobla Smoked, 20lb bulk boxes, not vacuum packed, no lot numbers or expiration dates.

Products were distributed and sold at: Arbat Store, Utah; European Importing, Russian Import, and M and M Market, Northern California; Golden Farms Market, Karabagh Market, and Tashkent Market, Southern California; Global Importing, Oregon; Solomon’s Groceries and Europa, Colorado.

For more information, click here

If you have suffered injuries and damages as a result of Botulism from a purchased product, contact the Kalispell lawyers of Bliven Law Firm, P.C. for a free consultation.

For more than 18 years, Bliven Law Firm, P.C. lawyers have represented personal injury victims and have won Millions in settlements and judgments for their clients.

SUB SANDWICHES RECALLED AFTER THREAT OF CONTAMINANT DISCOVERED

M.E. Thompson, Inc. is expanding the recall of its Anytime Deli Turkey & Ham Footlong, to include Italian Footlong, and Classic Cuban, because the products have the potential to be contaminated with Listeria Monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea.

For more information, click here.

For more than 18 years, the Kalispell law firm of Bliven Law Firm, P.C. has represented the innocent victims of Kalispell, Columbia Falls, Lakeside, Whitefish, Libby, Troy and the Flathead Valley who have been injured by the negligent acts of third parties.

If you suspect you have suffered food poisoning because of food bought or prepared by a third-party contact one of the three Kalispell Lawyers at Bliven Law Firm, P.C. for a free case evaluation. You may be entitled to legal compensation for your injuries.

HISTORIC RECALL OF MILLIONS OF DANGEROUS OVER THE COUNTER MEDICATIONS IN MONTANA, 2 YEAR OLD DIES FROM BAD TYLENOL

BuffHISTORIC RECALL OF 12 MILLION BOTTLES INCLUDING COUNTLESS AMOUNTS OF OVER THE COUNTER MEDICATIONS IN MONTANA / 2 YEAR OLD DEATH BLAMED ON MISLABLED DRUGS

Johnson and Johnson Company stated that is recalled 12 million bottles of Motrin brand painkillers. Other products manufactured by Novartis, including Excedrin, No Doz, Gas-X and Bufferin products were recalled by the FDA today with the explanation that the over the counter OTC’s may contain other products with risks of different or opposite side effects. These drugs are manufactured by Novartis.

The recall effects all of these medications in Montana and at Montana Pharmacies with the expiration dates of 12/20/2014 and sooner and Gas-X and Bufferin products with expirations dates of 12/20/2013. Fox News has reported that some of these medications include powerful prescription painkillers. You should inspect any of these medications for miss-matched color or size of pills.

NodozeThe actual number of pills recalled by Novartis here in Montana or throughout the country has not been disclosed. The company has stated there is no safety issue only that the product may contain other medicine with different side effects. These are common items sold over-the-counter here in Montana Stores, Kalispell, Missoula, Billings, Bozeman, Columbia Falls, Whitefish at outlets such as Walgreens, Wal-Mart, Smiths and other Montana Pharmacies. Any store that sells over the counter (OTC) medications here in Montana are affected.

GasMontana Law provides strict liability for non-confirming over the counter (OTC) medications. A family with a 2 year old son died after being given a batch of the liquid Tylenol. The child died because the medicine was in the highly concentrated form causing liver failure. The family has filed a lawsuit for wrongful death.

Moreover, under Montana Law a pharmacy is strictly liable for dispensing the wrong medication. When purchasing over-the-counter medication (OTC) you should consult with the pharmacist about the medication and whether it is affected by any of the many recalls. The problems resulted from a manufacturing plant in Lincoln Nebraska. This is a nationwide recall, which affects all of us here in Montana.

While the company Novartis claims that no injuries have been “confirmed”, if you believe you have taken a recalled product here in Montana, and you or your child is suffering from side effects you should seek medical attention. “This is a very dangerous situation for Montanans” stated food poisoning and bad drug attorney Bliven from Bliven Law Firm, P.C. Trial Attorneys. Bliven Law Firm, P.C. has provided experienced legal services in the areas of bad drug injuries and food poisoning. Our Attorneys are focused on Montanans. While not “confirmed” one death has already been reported. The number of related illnesses or side effects right here in Montana may be enormous, but not severe enough to result in severe illness.

Excedrin1However in some situations, particularly concerning children who have compromised immune systems or cannot tolerate adult doses of a bad drug can be disastrous. FDA officials warned that some of the medications might contain powerful painkillers including “Percocet, Endocet and Zydone. “ This could be deadly for infants and small children right here in Montana. The danger is increased even more, since there are reports of mislabeling of the concentration levels of these bad drugs, which are sitting on the shelves of Montana Stores around the State.

If you suspect you or a family member have suffered injury as a result of one of these recalled products after seeking medical attention, Bliven Law Firm, P.C., Montana, bad drug attorneys and food poisoning attorneys located right here in Montana can help. We can put you in touch with local health officials and pursue Justice for you and your family.

In these tough economic times a trip to the emergency room could easily run thousands of dollars. We also work with health care providers, including in Kalispell, Whitefish, Great Falls, Billings and other providers throughout Montana to get the bills paid by the drug companies who’s negligence caused illness, death and other economic damages such as the medical bills.

Montana Law also provides an independent cause of action for “serious and severe” emotional distress. Wages v. First National Insurance. Close family members of those who are injured may also have a claim under Montana Law.

Bliven Law Firm, P.C., Montana Injury Attorneys, focuses on obtaining full and fair compensation for victims resulting from the carelessness of the drug companies and large food corporations. Last year Novartis reported over 50 billion dollars in sales. “In my experience as a Montana Products Liability Attorney, this is likely the tip of the iceberg. I would expect further recalls to come.”

The Personal Injury Lawyers at Bliven Law Firm, P.C. care about Montanans. We have been providing legal services right here in Kalispell, Whitefish, Columbia Falls, Billings and all throughout Montana for 18 years. We would prefer to prevent any bad drug injury or damages and therefore issue the following NOTICE:

WARNING: WHEN PURCHASING OVER THE COUNTER MEDICATION, HAVE THE PHARMACIST CHECK THE PACKAGE FOR THE LATEST RECALL INFORMATION. BEFORE TAKING OR GIVING ANY OF THE RECALLED MEDICINES TO ANY FAMILY MEMBER CALL YOUR PHARMACIST.

The above two recalls mentioned in this article involving Montana Bad Drugs, sold Over-the-Counter medications are a part of a string of OTC recalls affecting Montanans. While there are drug recall hotlines, the situation continues to evolve as more drugs and companies become implicated and the number and amount of dangerous products shipped to Montana has yet to be determined. Children in Montana are particularly susceptible in that Montana is a rural area, the bad drugs may be in the medicine cabinet, or the local quick mart, and the concentrations may cause serious injury and death. It is less likely that the quick marts such as the Town Pump in my home town Columbia Falls will have equal information as a store with a pharmacist. While I make no claim that Town Pump or any other gas station quick mart have not taken the recalled items off the shelf, the fact is the pharmacies have up to date computer information from the FDA that can be accessed immediately in the event the recalls either spread or increase in numbers.

The list of recalls as of today, may be found on the FDA website. http://www.fda.gov/drugs/drugsafety/DrugRecalls/default.htm