Category Archives: Food Poisoning

Utah Attorney Discusses Salmonella Outbreak Linked to Cucumbers

Cucumber

A multistate outbreak of Salmonella Poona linked to “slicer” cucumbers supplied by Andrew and Williamson Fresh Produce has sickened at least 30 Utah residents.  This type of cucumber may also be referred to as “American” cucumbers. The FDA, CDC, and state officials are continuing to investigate the ongoing outbreak.

Federal and state authorities identified clusters of people made ill in separate areas and were able to trace the food back to a common supplier.  The results indicate Andrew and Williamson Fresh Produce of San Diego, California was the common supplier of the cucumbers.  The company has issued a recall of all cucumbers sold under its Limited Edition label during the period from August 1, 2015 through September 3, 2015.  The company reports these cucumbers are shipped in black, green, yellow, and craft colored cartons which reads “Limited Edition Pole Grown Cucumbers.”

People infected with Salmonella develop diarrhea, fever and abdominal cramps.  Illness usually lasts 4-7 days, but may last longer and become severe enough to require hospitalization.  A Salmonella infection may spread from the intestines to the blood stream.  Children, the elderly, and those with weakened immune systems are at a greater risk for severe infections.  It is estimated that approximately 400 people die each year in the United States due to acute salmonellosis.

As a Utah food poisoning attorney, I have helped many people who have suffered serious Salmonella and other food borne illnesses. I’ve worked with medical experts and attorneys from around the country to get victims the compensation they deserve.  Utah victims of these types of illnesses need the assistance of an attorney experienced litigating Salmonella poisoning cases.  If you or a loved one have suffered Salmonella poisoning in Utah due to the cucumber outbreak, please contact Attorney Jared Faerber (801) 943-1005 at The Faerber Law Firm, PC to discuss your rights.  We will be happy to talk to you for free and with no obligation.

Utah Lawyer: Listeria Outbreak Linked to Caramel Apples

CaramelAppleUtahlisteriaFederal health officials reported today that five people have died and 21 others have been hospitalized, including one resident of Utah, due to a listeria outbreak linked to caramel apples.

Other states involved to date include Missouri, New Mexico, Minnesota, Texas, Arizona, Washington, California, Utah, and North Carolina.

The CDC has warned consumers not to eat any pre-packaged, commercially produced caramel apples, including those containing other toppings such as nuts, chocolate, or sprinkles until more information is available.  No illnesses related to the outbreak have arisen from apples that are not caramel coated or to caramel candy.

Listeriosis is an infection that primarily affects older adults, pregnant women, newborns and people with weakened immune systems.  Symptoms include fever, muscle aches, headache, confusion and convulsions.

Only one case has been reported in Utah so far, but CDC officials have indicated that cases occurring after December 3 might not have been reported yet.

The Faerber Law Firm, PC has experience handling cases of listeria and other food borne illnesses in Utah.  If you believe you or a loved one became ill after consuming a contaminated product, please contact attorney Jared Faerber at (801) 943-1005 for a free consultation.

Wrongful Death in Utah: Justice for Survivors

UtahWrongfulDeathLaw

When the unthinkable happens, those left behind are sometimes left wondering if something could have been done to prevent the death of a loved one.  When the death of a spouse, parent or child results from the negligence of another, the surviving heirs may have a wrongful death claim.

What gives rise to a wrongful death claim in Utah?

A wrongful act or negligence causing a death can give rise to a wrongful death claim in Utah.  The claim is recognized by the Utah State Constitution as well as by statute.  See Utah Code Ann. Section 78B-3-106.  A wrongful death can occur due to medical malpractice, an automobile or truck accident, a slip and fall, or any other negligent act.

Who can bring the claim?

A Utah wrongful death lawsuit must be brought by the heirs, or personal representative on behalf of the heirs, of the deceased.  If an adult had a guardian at the time of the death, the guardian may bring the action on behalf of the heirs.  See Utah Code Ann. Section 78B-3-106(2).  The laws can be complex in this area and an attorney must evaluate your specific situation, but generally, the claim can be brought by a surviving spouse, adult children, or parents.

What damages can be recovered?

Utah law allows surviving heirs to recover economic damages such as money for the loss of financial support, the loss of inheritance, and other economic benefits that the heirs would have received had the decedent lived.

Money damages can also be recovered for general damages for the loss of things such as love, companionship, society, comfort, protection and affection which survivors have sustained and will sustain in the future.  See Utah Code Ann. Sections 78B-3-106 and 107 and Oxendine v. Overturf, 973 P.2d 417 (1999).

How can you tell if you have a valid wrongful death case in Utah? 

A strong wrongful death case depends on many factors that usually must be evaluated by an experienced Utah wrongful death lawyer.  As an attorney that has handled many of these cases, I look for strong liability first and foremost.  Strong liability means the death was clearly caused by some negligence or carelessness of another.  Sometimes, particularly in medical malpractice cases, an expert will need to be retained to evaluate the evidence and determine if negligence was involved.  In addition to strong liability, there must also be a source of funds to pay any damages that are awarded.  The source of these funds is nearly always insurance coverage.

If you suspect a loved-one died as a result of negligence, I would be happy to talk to you about your situation for free.  Contact Jared Faerber at The Faerber Law Firm, PC (801) 943-1005.