What Should I Do if My Baby Got Sick From Their Food?

What Should I Do if My Baby Got Sick From Their Food?

  • The Fee Is Free Unless You Win®.
  • America's Largest Injury Law Firm™
  • Protecting Families Since 1988
  • 20 Billion+ Won
  • 1,000+ Lawyers Nationwide

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
Results may vary depending on your particular facts and legal circumstances.
Our results speak for themselves

The attorneys featured above are licensed in Florida. For a full list of attorneys in your state please visit our attorney page.

What Should I Do if My Baby Got Sick From Their Food?

When you go to buy food for your children, you are counting on all the manufacturers of that food to follow all the necessary rules and laws to make food safe. If they fail to do this and you have dealt with the consequences, you might be able to file a lawsuit against the maker of that food. 

To file a lawsuit against a baby food manufacturer, you should have all of the facts in front of you about what to expect. There have been no mass tort major settlements across the country for groups of parents coming together to file suit against manufacturers of baby food, but this does not mean that you have no legal recourse. If you suspect that you are not the only parent whose baby was seriously injured as a result of these circumstances, you need to share this information with a lawyer as soon as possible. An attorney can make a big impact in helping you to understand the legal rights available to you, and in guiding you through this process. If you’ve already searched, “My baby got sick from their food what to do,” you’re not alone. Other parents might be in the same situation. 

You may notice signs and symptoms of baby food poisoning early on, or it could take a few hours for this to develop. In either circumstance, you need the support of medical professionals to rule out other potential issues as soon as possible. Food poisoning in babies and toddlers may allow you to file an individual lawsuit against a manufacturer of toxic, expired, or spoiled baby food. If you work with a legal team that has a strong track record of success in class action lawsuits, you may be able to go one step further and discover that you can file a class action suit as a group against the baby food manufacturer. This makes it extremely important to retain legal counsel who has a background in doing these kinds of cases, and has the right legal understanding of settlement versus trial preparation. The right personal injury lawyers and products liability lawyers can sit down with you at the outset of your case to discuss what it means for a baby to be harmed as a result of toxic baby food.

Baby food manufacturers are responsible for complying with a number of different rules and regulations at the Federal level, but a 2020 investigation by the United States House of Representatives discovered heavy metals in baby foods. These heavy metals can contribute to a broad range of different types of neurological and other functions, making it more difficult for you to be able to raise your child in a healthy manner. If this has affected your child already, your doctor can tell you more about the prognosis and what to consider. You may want to keep any evidence associated with the toxic baby food, such as where you bought it and receipts, lot numbers, pictures of the baby food, or the containers in which the baby food came.

Scroll down for more
FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • What to Look for in Your Child

    Babies get sick for many reasons, but finding out that it was caused by the food you bought to help nourish your child so they can grow is devastating. Not only do you have to deal with the fallout of helping your baby recover from this situation, but you will also be very cautious going forward in purchasing food in the future. You count on baby food manufacturers to deliver a safe and healthy product, but you also have the right to hold them responsible when they don’t rise to that occasion. 

    However, even though you have the right to take on this role by filing suit, it doesn’t necessarily mean it will be easy. The food manufacturer could even argue that it was your fault and that their food had nothing to do with the sickness. This is another reason why the right legal team can make a big difference in how you move forward and fight back. 

  • What Studies Have Shown About Baby Food Toxicity 

    The House Subcommittee report illustrated that baby foods sometimes contain alarmingly high levels of heavy metals, such as lead, arsenic, and cadmium. This can occasionally occur as a result of contaminated soil and water, but the levels in baby food are of significant concern. If your child has started to exhibit problematic medical conditions or other symptoms that are not tied to something else, you may begin to suspect their baby food. In these circumstances, you want to hire a lawyer who has an understanding of these kinds of toxic baby food lawsuits. The report identified that many baby food products, including Sprout Organic Goods, Earth's Best Organic, and Parent's Choice have been tainted with high levels of inorganic heavy metals, like cadmium, mercury, lead, and arsenic. All of these carry serious problems even for adults who consume them, but for babies the situation is much worse. 

    Some companies have violated their own internal standards, as well as possible Federal standards. These high levels of toxic heavy metals were found in pureed baby foods containing lentils and quinoa, whole-grain, multi-grain cereal, infant rice cereal, and Parade Baby Foods containing various types of fruits and vegetables. If you believe that your child was subjected to injuries or medical conditions because of this problem, you need to retain legal counsel as soon as possible. It is likely that many other parents will begin to file a baby food lawsuit in the coming years, and if you wish to file a lawsuit against a baby food manufacturer, you should gather all of your evidence and have a clear understanding of your rights and responsibilities going forward.

    These new toxic baby food lawsuits may be connected to behavioral issues, such as Attention Deficit Disorder or other neurological concerns, such as autism. Previous baby food class action lawsuits have been filed against Gerber for the dangerously high levels of toxic heavy metals, as well. It is important to retain legal counsel who understands the ins and outs of filing these kinds of lawsuits, and to work directly with compassionate attorneys who have the resources and dedication to fight hard on your behalf. It can be heartbreaking to realize that your child has suffered injuries because of baby food that you thought was safe to give them. Many parents strive to provide their children with safe and healthy options and would never suspect that baby food is tainted or spoiled.

  • How Do We Prove Contamination? 

    It’s not always easy to show how someone else could be potentially responsible for the injuries your family dealt with, but working with the right legal team is very important. If possible, keep as many details as you can about the baby food. 

    The right lawyer gathering information, looking through reports, and hiring expert witnesses to testify about the manufacture and storage of these items could make a big difference if these cases go to court. 

    Working with a legal team who has not been afraid to take on these big companies in the past and a team of attorneys who will work hard to represent the best interests of victims is strongly recommended. You should not hesitate to take action if you believe you have grounds to file a lawsuit because of baby food. If you wish to file a lawsuit against a baby food manufacturer, you need to act sooner rather than later, to protect your legal rights to recover compensation. If your child has already been impacted, then time is of the essence because you need to act quickly to protect your best interests. Do not hesitate to hire a lawyer who is organized and prepared to move forward, to fight hard on behalf of you and any other impacted parents.

  • Why Hire a Lawyer With Class Action Experience?

    With cases involving defective products, which can include baby food and other food items, you need the right legal support from your attorney. A lawyer with class action experience will do a lot of the heavy lifting in preparing your case for trial. In a class action, many consumers come forward at once, all with similar claims. Typically one of these cases is named as the main case in the lawsuit, but that case is filed on behalf of all the other people. Typical class action cases can take a long time to resolve and require a lot of resources and awareness of the common defense strategies used by the other side. 

    When you have so much at stake with a case involving your children and their illness caused by food, you need to have an attorney who is ready and willing to do everything possible to fight for you and your best needs. 

    Contact the experts at Morgan & Morgan to get a free, no-obligation case evaluation and to take your first steps toward justice. 

Scroll down for more Load More

How it works

It's easy to get started.
The Fee Is Free Unless You Win®.

Results may vary depending on your particular facts and legal circumstances.

  • Step 1

    Submit
    your claim

    With a free case evaluation, submitting your case is easy with Morgan & Morgan.

  • Step 2

    We take
    action

    Our dedicated team gets to work investigating your claim.

  • Step 3

    We fight
    for you

    If we take on the case, our team fights to get you the results you deserve.

Settlement

$40,000,000

Customer Story

“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

Client success
stories that inspire and drive change

Explore over 55,000 5-star reviews and 800 client testimonials to discover why people trust Morgan & Morgan.

Results may vary depending on your particular facts and legal circumstances. Based on Select nationwide reviews

  • Video thumbnail for 5l3q2e67j8
    Wistia video play button
  • Video thumbnail for yfe952tcop
    Wistia video play button
  • Video thumbnail for z1bqwg9hkl
    Wistia video play button
  • Video thumbnail for s5nb3hnvkv
    Wistia video play button
  • Video thumbnail for t4elibxene
    Wistia video play button
  • Video thumbnail for 5nr9efxqj3
    Wistia video play button
  • Video thumbnail for e8s1x6u5jp
    Wistia video play button