First lawsuit filed against Daily Harvest

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A Tulsa, OK, resident is the first to sue Daily Harvest over its tainted “Frech Lentil + Leek Crumbles” product.

The first plaintiff is Carol Ann Ready, suing New York-based Daily Harvest in federal court in the Southern District of New York.

Daily Harvest has received approximately 470 reports of illness or adverse reactions to their products, in particular their “French Lentil + Leek Crumbles”.

In response to consumer reports of gastrointestinal illnesses and potential liver function issues, Daily Harvest has recalled all French Lentil and Leek Crumbles.

From April 28 to June 17, 2022, approximately 28,000 units of the recalled product were distributed to consumers in the United States through online sales and drop-shipping, as well as through retail sales at the Daily Harvest store in Chicago and a so-called “pop-up” in Los Angeles.

The Tulsa wife purchased the Daily Harvest product on May 3 and consumed it on May 7. Later that same day, she began experiencing abdominal pain and gastrointestinal chatter. She also suffered from pain in her right shoulder.

The next day, she felt more severe pain accompanied by nausea and headache. On May 9, her husband took her to the emergency room at St. John’s Ascension Medical Center.

At the medical center, she was given pain medication and underwent blood and urine tests as well as an ultrasound and CT scan. She was fired with bland dieting advice.

She again bought the “French Lentil + Leek Crumbles”. of the defendant on May 17 and lunched them on May 28. At 7 a.m. the next day, she again felt pain in her abdomen and shoulder. The pain was so bad the next day that she had to be hospitalized again.

Her hospitalization lasted four days and she was found to be suffering from liver and gallbladder dysfunction. After seeing his primary care physician, Ready underwent surgery to have his gallbladder removed on June 24, 2022.

“The plaintiff suffered serious bodily injury; has suffered and will continue to suffer from significant pain and other physical discomfort; has incurred and will continue to incur significant medical expenses; have missed, and will probably miss in the future, the work and time necessary to advance in his profession; and remains at risk of future health complications with damages well in excess of $75,000, this court’s jurisdictional threshold,” the lawsuit states.

Plaintiff accuses defendants of strict liability, adding that: “At all relevant times, defendant was the manufacturer, packager, distributor and/or seller of the contaminated food product that was purchased and consumed by plaintiff.”

In addition to the head of strict liability, plaintiff charges breach of warranty, negligence and negligence per se. It requires a jury trial.

Among the points raised by the applicant are the following:

— The contaminated food product that the defendant manufactured, packaged, distributed and/or sold was, at the time it left the control of the defendant, defective and unreasonably dangerous for its normal and expected use by the intended public, including the plaintiff , because the defendant’s product was contaminated with a substance harmful to human health.

— The contaminated food product that the defendant manufactured, packaged, distributed and/or sold was delivered to the plaintiff without any change in its defective condition. The contaminated food product that defendants manufactured, packaged, distributed and/or sold was used by plaintiff in the manner intended and intended.

Rochester, NY, attorney Paul V. Nunes and nationally known food safety attorney Bill Marler are representing Ready in the civil action.

They conclude with this: “Plaintiff suffered general, special, incidental and consequential damages as a direct and immediate result of Defendant’s acts and omissions, in an amount which must be fully proven at the time of trial. Such damages include, but are not limited to, past and future pain and suffering, past and future damages for loss of enjoyment of life, past and future emotional distress, past and future medical and related expenses, including pharmaceutical costs, travel costs and travel-related costs. , past and future lost wages, and all other ordinary, incidental or consequential damages that would or could reasonably be anticipated in the circumstances. »

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