The Honourable Amy D. Hogue, a California state court judge issued a ruling on May 24 in favour of the parents who allege their seven-year-old son developed severe neurodevelopmental disorders after consuming baby foods that contain dangerous amounts of heavy metals. Moreover, it was ruled that Plaintiffs experts’ opinions that heavy metals are capable of being a substantial factor in causing ASD and ADHD are admissible.
Baum Hedlund Aristei & Goldman filed the first baby food lawsuit in California and possibly the nation against several baby food companies alleging they knowingly sell products tainted with arsenic, lead, cadmium, and mercury.
Lorenzo and Melissa Cantabrana's 7-year-old son, Noah suffers from neurodevelopmental disorders after consuming substantial quantities of baby foods from the following baby food manufacturers:
Noah was diagnosed with autism spectrum disorder ASD when he was a 2-year-old. He also shows signs of ADHD.
Noah has outbursts and meltdowns that can last for hours, has social interaction and communication issues, and often has trouble sleeping through the night.
“My son is facing lifelong challenges because he ate foods that we believed were safe,” says Melissa Cantabrana. “If the labels said anything about heavy metals, I never would have fed them to Noah. Parents have a right to know what is in the foods we put on the dinner table for our kids. These companies deprived us of that right. It’s shameful and they need to be held accountable.”
“It is clear to us that the baby food industry does not care about the health of young children,” says attorney R. Brent Wisner. “By continuing to sell their poisonous foods to unsuspecting parents, these companies are willing to put the most vulnerable segment of our population at risk for severe neurodevelopmental disorders.”
“The industry could make this heavy metals problem go away with relative ease if they sourced better ingredients and adequately screened their products before they reached store shelves,” adds attorney Pedram Esfandiary. “The reality is these companies will not change their behavior without decisive government and legal action. We can’t just sit around and wait around for that to happen, so this litigation will have to be the tip of the spear when it comes to protecting children’s health”
Key findings from a 2021 U.S. House of Representatives Subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform Report showed that several major manufacturers knowingly sell baby foods containing as much as 180 parts per billion (ppb) inorganic arsenic, 6441 ppb lead, and 10 ppb mercury. They also manufacture their products using ingredients containing as much as 913.4 ppb arsenic, 886.9 ppb lead, and 344.55 ppb cadmium.
Being interviewed on Spotlight on America, Melissa Cantabrana said,“I was just like blown away, It made me really angry…to think that these heavy metals are in baby food. And I immediately thought we don't have autism in our family. I instantly knew this is it. This is what I'm talking about.” Cantabrana told Spotlight on America that she sought legal help from Baum Hedlund’s Pedram Esfandiary and R. Brent Wisner, attorneys with first-hand knowledge of litigating cases against large corporate defendants like Monsanto Company (see Monsanto Roundup Lawsuit)
The Honourable Amy D. Hogue's ruling now means the case can move into the discovery phase, which allows for internal documents from the defendant companies to be released to the plaintiffs.
You can read more about this case and more potential lawsuits here.
Bob Fiddaman
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