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According to the CDC, each year 1,600 new cases of Listeriosis result in approximately 260 deaths. Listeriosis infections occur after consuming food contaminated with the bacterium Listeria monocytogenes, a rod-shaped bacteria, remarkably resistant to refrigeration and freezing. Listeria bacteria are best controlled by cooking raw food and pasteurizing milk and cheeses.

When food is contaminated and sold to the public, food poisoning illnesses can lead to severe injuries and deaths. When companies fail to provide food that is tested and verified to be safe for consumption, your Listeria Recall Lawyer can file lawsuits and plaintiffs can recover rightful compensation.

Risk Factors and Pregnancy

Most reported cases affect adults with a compromised immune system, the elderly, pregnant women and newborns. Alarmingly, it is possible for babies to contract Listeriosis in utero if their mothers eat contaminated food during pregnancy. The risks are much higher among immunocompromised individuals, however, any person consuming contaminated foods or beverages can fall ill.

Listeriosis Symptoms

Initial symptoms of Listeriosis are often flu-like. Patients typically experience fever and other non-specific symptoms, such as fatigue and muscle aches.

In many cases, people do not seek medical assistance until the infection has advanced beyond the gastrointestinal tract. Once the pathogen is ingested, it may travel through the bloodstream into the central nervous system. This allows Listeria to possibly attack the brain, resulting in meningitis and encephalitis.

How is Listeria spread?

Most infections follow the consumption of food contaminated with Listeria monocytogenes. If Listeria bacteria is introduced into a food processing facility, it can possibly grow there for years.

The bacteria is known to find host in several types of food, and is able to survive at refrigerated temperatures. Vegetables can be contaminated in water and soil carrying bacteria. Raw animal products are also susceptible to Listeria.

In 2011, the largest Listeriosis outbreak in American history occurred, when 147 illnesses, 33 deaths, and one miscarriage were reported among residents of 28 states. The outbreak was linked to cantaloupe from a single farm in Colorado. More recently, outbreaks of Listeria have been caused by:

• Raw produce like lettuce, cucumbers, peaches, plums, nectarines, and apples.    

In 2015, Granny Smith and Gala apples were recalled after 34 people were hospitalized across 12 states after an outbreak of Listeria found in caramel apples. Listeriosis contributed to at least 3 of the 7 deaths reported. In addition, 11 illnesses were pregnancy-related, with one illness resulting in a fetal loss. Meningitis was also reported among otherwise healthy children aged 5-15 years. Dole also recalled all salad mixes produced in one Ohio facility.

• Raw milk and cheese (unpasteurized).

Several companies have issued recalls for cheese products linked to Listeria detection, including Crave Brothers Farmstead Cheese Company and Oasis Brands, Inc.

• Processed foods

Ice cream, smoked seafood, and ready-to-eat meats, such as deli ham and hot dogs. Blue Bell Creameries recalled all of its products in 2015 after an outbreak in four different states.

Long-term Effects & Pregnancy

Listeria’s severe consequences make it among the most serious of foodborne infections. For women, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.
Other complications include the following:

• Meningitis
• Pneumonia
• Hydrocephalus
• Encephalitis
• Seizures
• Blindness
• Brain Stem Damage
• Cranial Nerve Palsies
• Cervical Cord Compression

Ohio Food Poisoning Lawsuits

Most reported cases affect adults with a compromised immune system, the elderly, pregnant women and newborns. Alarmingly, it is possible for babies to contract Listeriosis in utero if their mothers eat contaminated food during pregnancy.

The risks are much higher among immunocompromised individuals, however, any person consuming contaminated foods or beverages can fall ill. Food poisoning should not be taken lightly. If you feel ill after consuming a contaminated product, contact a medical professional.

It is crucial to preserve evidence of the contaminated food for possible legal action. Save whatever food remains, or medical records that indicate a specific food-related diagnosis. Contact an experienced lawyer to assist in the recovery of medical costs, lost wages, and pain and suffering.

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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

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