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

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