Rockstar Law Firm to Lead Baby Food Litigation

 

On May 17, 2024, a federal judge overseeing the Baby Food Products Liability multidistrict litigation (MDL 3101) appointed R. Brent Wisner and Aimee Wagstaff as Co-Lead Counsel, along with several members of a Plaintiffs’ Steering Committee to lead the litigation for plaintiffs alleging toxic heavy metals in commercial baby food caused their children to develop autism or ADHD. Wisner emphasized the importance of ensuring the safety of baby food and seeking justice for affected families. The lawsuits were consolidated into a mass tort overseen by District Judge Jacqueline Scott Corley in the Northern District of San Francisco. 

Wisner Baum, based in Los Angeles, represents thousands of children affected by heavy metals in baby foods, including lead, mercury, and inorganic arsenic. The litigation aims to hold companies like Beech-Nut, Gerber, and Walmart accountable for selling products tainted with heavy metals. The appointed attorneys on the steering committee are dedicated to achieving a fair outcome and advocating for affected children. The mass tort includes numerous federal lawsuits nationwide, alleging that toxic metals in baby foods have led to long-term health issues for children.

Here's what Co-lead counsel Brent Wisner had to say:

“Ensuring the safety of baby food is paramount for our children's’ well-being, and I am honored to be appointed to lead this critical MDL. The evidence we've gathered over the past two years is compelling, and we are prepared to present a robust case to secure justice for the families affected. This litigation is not just about compensation; it's about protecting the health and future of our children. When food companies make billions selling food containing poison—food that is simply unfit for human consumption, let alone a baby’s consumption — there needs to be accountability.  This litigation is a first step in dealing with a generation of babies that have been poisoned and now face an epidemic of autism."

“This tight-knit group of attorneys is chalk full of rockstars,” according to Wisner. “We have some of the sharpest legal minds in the Plaintiffs’ bar. These Defendants have no idea what’s coming.”

The judge’s pretrial order can be downloaded here.

Bob Fiddaman

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Previously on this blog

Wednesday, January 26, 2022

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

https://fiddaman.blogspot.com/2022/01/baby-foods-contain-staggering-amounts.html

Thursday, May 26, 2022

Toxic Baby Food, the Subject of Lawsuit

https://fiddaman.blogspot.com/2022/05/toxic-baby-food-subject-of-lawsuit.html

Thursday, November 03, 2022

Toxic Baby Food Trial Set for 2023

https://fiddaman.blogspot.com/2022/11/toxic-baby-food-trial-set-for-2023.html

Thursday, February 15, 2024

Baby food makers pursue 9-year-old with autism for $600,000

https://fiddaman.blogspot.com/2024/02/baby-food-makers-pursue-9-year-old-with.html

Saturday, April 13, 2024

Baby Food Brain Injury Lawsuit Looms

https://fiddaman.blogspot.com/2024/04/baby-food-brain-injury-lawsuit-looms.html

Baby Food Brain Injury Lawsuit Looms

 

On April 11, 2024, the Judicial Panel on Multidistrict Litigation (JPML) made a significant decision, consolidating all federally filed lawsuits concerning baby food. This consolidation resulted in the creation of MDL No. 3101, named In re: Baby Food Products Liability Litigation, to be presided over by the Honorable Jacqueline Scott Corley, serving in the Northern District of California. R. Brent Wisner, the managing partner at Wisner Baum, who presented arguments before the JPML in March, released the following statement in response to the establishment of the Baby Food MDL:

“We are excited about the JPML's ruling. We have been assigned a smart and accomplished jurist and we think the Northern District of California is the right venue for this case. The next step is to get this MDL organized and get the new judge up to speed on the two years of litigation we have already done. This mass tort is going to end up being one of the most important litigations in recent history. Baby food must be safe, and these Defendants not only know that some of their products aren't, but they refused to be honest with parents about it. It’s difficult to fathom the scope of brain injury that has been inflicted on babies in this country. This MDL is the first step in taking account of the full scope of that damage and, hopefully, finding some justice for the children whose lives have been forever disadvantaged.”

Representatives for Gerber, Beech-Nut and Campbell, which opposed the creation of an MDL, have yet to comment publicly.

What is MDL

Imagine you have a bunch of people who all have similar legal claims against the same company, like if many people got sick from the same medicine. Instead of each person filing a separate lawsuit all over the country, those cases might be grouped together in one court. That's an MDL, where one judge handles all the pretrial stuff to make things faster and more efficient. After that, each case might go back to its original court for trial, or sometimes they get settled together. It's like a legal shortcut to deal with a bunch of related cases at once.

While there isn't a precise overall percentage for settlements in Multidistrict Litigation (MDL) cases, settlements are quite common in these proceedings. Many MDL cases are resolved through settlement negotiations before they reach trial. The exact percentage varies depending on the specific MDL and the nature of the claims involved. However, it's not uncommon for a significant portion of MDL cases to be resolved through settlements, as they offer both plaintiffs and defendants the opportunity to avoid the uncertainty and expense of a trial.

Bob Fiddaman

Previously on this blog:

Wednesday, January 26, 2022

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

Thursday, May 26, 2022

Toxic Baby Food, the Subject of Lawsuit

Thursday, November 03, 2022

Toxic Baby Food Trial Set for 2023

Thursday, February 15, 2024

Baby food makers pursue 9-year-old with autism for $600,000

Baby food makers pursue 9-year-old with autism for $600,000

 

Back in September, 2022, I wrote about the case of Noah Cantabrana, who was diagnosed with autism spectrum disorder ASD when he was two years and nine months old.

As a baby and toddler, Noah consumed high amounts of baby foods that were manufactured by the following:

Nurture, Inc. (Happy Family Organics and HappyBABY) of New York

Beech-Nut Nutrition Company of New York

Hain Celestial Group, Inc. (Earth’s Best Organic) of New York

Gerber Products Company of Michigan

Plum PBC (Plum Organics) of California

Walmart, Inc. (Parent’s Choice) of Arkansas

Sprout Foods, Inc. of New Jersey

Noah's parents initiated legal action, alleging that their son's consumption of high quantities of baby foods led to a diagnosis of ASD and ADHD.

Attorneys representing the Cantabrana family assert that young children exposed to toxic metals through baby food products face an increased risk of neurodevelopmental disorders. This heightened risk stems from the fact that the brains of infants and toddlers are still in the crucial stages of development.

Babies and toddlers are particularly vulnerable to metal exposure due to their higher food intake relative to their body weight and their increased susceptibility to metal absorption, which can be 40% to 90% greater than that of adults. Moreover, their bodies have less developed mechanisms for metabolizing and eliminating heavy metals, coupled with weaker detoxification and immune systems compared to adults.

Research indicates that even at low levels, exposure to heavy metals can result in severe and irreversible neurological damage, potentially leading to conditions such as autism and ADHD. A notable study conducted by the National Institutes of Health, which focused on twins to mitigate genetic influences, highlighted the role of early-life exposure to heavy metals like lead in influencing the risk of autism spectrum disorder.

In September 2021, a lawsuit was filed on behalf of Noah to address these concerns and seek appropriate legal recourse.

In 2022, a judge in the Los Angeles Superior Court permitted Noah's case to proceed, ruling that the opinions of the plaintiff's experts, asserting that heavy metals could be a significant factor in causing ASD and ADHD, were admissible.

Subsequently, in September 2023, another judge acknowledged that the opinions of Noah's experts, linking exposure to heavy metals to autism and ADHD, were grounded in solid scientific evidence. However, the case was dismissed due to a technicality. During a hearing, this judge rejected crucial expert witness testimony regarding the calculation of the dose of heavy metals ingested through baby food, thereby preventing Noah's case from reaching a jury.

Now, it seems that the multinational corporations associated with brands such as Beech-Nut, Hain Celestial (Earth’s Best), and Sprout Organics, as well as retailers like Walmart (Parent’s Choice), Nurture (Happy Family), and Plum Organics, will seek to compel Noah Cantabrana, a fourth-grader from Temecula, Calif., to pay over half a million dollars following the dismissal of his lawsuit against these companies.

You read it right. 

“Six of the largest baby food manufacturers in the world, who claim to focus on the health and well-being of our children, seek to make an example of a nine-year-old boy with autism for daring to sue them,” said Noah’s attorney, Pedram Esfandiary, a partner of Los Angeles-based Wisner Baum. "The companies’ sole purpose in seeking such an obscene cost is a twisted desire to punish Noah."

The defendants in Noah's case included seven of the world's leading baby food manufacturers: Walmart, Beech-Nut, Gerber, Hain Celestial ("Earth's Best"), Sprout Organics, Plum Organics, and Nurture ("Happy Family").

All of these companies, except Gerber, are pursuing legal action against Noah.

In their court brief, the companies seeking to hold Noah accountable for costs argued that their request is reasonable. They emphasized that the assessment of costs should not be influenced by the identity of the plaintiff or the defendant, contrary to the plaintiff's assertion. According to them, when a plaintiff initiates a lawsuit and does not succeed, they are legally responsible for each category of recoverable costs.

According to ABC News - Noah's attorney is urging the judge to reject the request from the baby food makers, and asserted that, Defendants—large, wealthy, multinational corporations—aim to impose $636,731.91 in litigation costs on a nine-year-old child grappling with neurodevelopmental disorders. He added, "This move by the defendants not only lacks decency but also goes against legal principles, fairness, and basic common sense."

Esfandiary is counting on public support to intervene in this matter.

“I urge everyone, contact these companies, put pressure on them to abandon this attempt to destroy a young man's life," said Esfandiary.

The ruling does not bar the advancement of future cases related to baby food.

Bob Fiddaman

Toxic Baby Food Trial Set for 2023

 

The lawsuit alleges Noah Cantabrana, after consuming high quantities of baby food products, developed autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD)

The following companies, it is alleged, knowingly sells baby foods that contain dangerous levels of arsenic, lead, and mercury:

• Beech-Nut Nutrition Company of New York
• Gerber Products Company of Michigan
• Hain Celestial Group, Inc. (Earth’s Best Organic) of New York
• Nurture, Inc. (Happy Family Organics and HappyBABY) of New York
• Plum PBC (Plum Organics) of California
• Sprout Foods, Inc. of New Jersey
• Walmart, Inc. (Parent’s Choice) of Arkansas

Melissa Cantabrana, Noah's mother, said, "We as parents have the right to know what is in the foods we give our kids." Adding, "These companies deprived us of that right by not properly labeling their products to warn about the presence of heavy metals. It’s shameful and they need to be held accountable."

Consumer attorneys Pedram Esfandiary and R. Brent Wisner from the law firm of Baum Hedlund Aristei & Goldman, intend to show, through a series of experts in the areas of epidemiology, toxicology and neurology, the association between exposure to heavy metals and ASD/ADHD

Back in 2019, a report in which 'Healthy Babies, Bright Futures' tested 168 foods purchased from major baby food manufacturers found 95% of store-bought baby food contained lead, 73% contained arsenic, 75% contained cadmium and 32% contained mercury.

A 2021 Congressional report found that most baby food manufacturers did not test their finished products at all. Instead, they tested only individual ingredients and used those results to estimate the toxic heavy metal levels in their finished products.

Meanwhile, the U.S. Food and Drug Administration (FDA) has come under fire for not acting quick enough to reduce the levels of arsenic, lead, cadmium and mercury in baby foods. Their 'Closer to Zero action plan' aims to evaluate the scientific basis for "action levels" or standards for toxic metals in various baby foods. These proposals and finalized decisions are expected to happen through at least 2024.

The Noah Cantabrana complaint can be read, in full, here.

Here's a fascinating interview with Consumer attorney, Pedram Esfandiary, where he speaks about the manufacturers of baby food knowingly selling products with dangerously high levels of toxic heavy metals.

Bob Fiddaman

Toxic Baby Food, the Subject of Lawsuit

 

7-year-old Noah Cantabrana

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:

It's alleged that the above knowingly sold tainted baby food to unsuspecting parents.

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.”

Baum Hedlund attorneys, Pedram Esfandiary and R. Brent Wisner, who represent the Cantabrana's

“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