On April 16, 2020, The Vitamin Shoppe issued a recall for their Energy Formula Multivitamins (90 Tablets). According to the recall, number 20-732, the product is a dietary supplement which contains iron; iron must be contained in child resistant packaging (as required by the Poison Prevention Packaging Act). The Energy Formula Multivitamins are not contained in child resistant packaging; therefore, the product represents a poisoning risk to young children.
The recall has affected approximately 2,800 products. The affected The Vitamin Shoppe’s Energy Formula Multivitamins are contained in a white bottle with a white, blue, and gold label. Each bottle of the product contains 90 tablets. The bottles are marked with code VS-3293 and lot number 8102351 (which are located on the bottom of the bottle).
The recalled multivitamins were sold at The Vitamin Shoppe stores around the country as well as online via VitaminShoppe.com. The products were available from April 2019 to January 2020 for prices ranging between $15 and $22.
According to the company, no injuries have been reported. The company is urging all affected consumers to immediately store the recalled product in a safe place out of the reach of children. The company is also urging affected consumers to contact them for further information on how to dispose of the product and receive either a refund or a merchandise credit.
Should you follow these recommendations? If your child suffered harm associated with the defective product made available by The Vitamin Shoppe, you should not follow the company’s recommendations. Instead, you should explore the possibility of pursuing a claim against the company. Depending on the details surrounding the incident and the har that your child suffered, you might have grounds to file a product liability claim.
Are you interested in learning more about your right to sue The Vitamin Shoppe for the harm that your child suffered because of their defective product? If so, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. The product liability lawyers at Normandie Law Firm are ready to provide you with the guidance that you need to hold The Vitamin Shoppe accountable for the harm that your child suffered.
At Normandie Law Firm, we have many years of experience handling all sorts of claims – including product liability claims. Our lawyers are dedicated to representing the best interests of all parties affected by the negligence of others. Our product liability lawyers are not afraid to hold companies accountable for the harm that innocent consumers suffered. If you are ready to learn more about your right to file a product liability claim for the harm that your child suffered, do not hesitate to contact the experts at our law firm at your earliest convenience. Our lawyers are ready to aggressively fight for your right to sue and recover the compensation that you deserve.
Understanding the Risk Associated with the Recalled Product
As explained above, the recalled product contained iron – a substance which must be in child resistant packaging. Because the product is not in child resistant packaging, a child could access the product, swallow the product, and suffer poisoning. Although iron is an element that is important to our health, too much of it can be harmful. If a child gains access to and ingests iron, iron toxicity (or iron poisoning) can occur. An overdose of iron results in corrosion to the lining of the gastrointestinal tract tissue; the lining of the stomach and the intestines are likely to be affected. Iron poisoning can cause a number of symptoms, including bleeding, diarrhea, abdominal pain, vomiting, and nausea. These symptoms, specifically, can result in blood loss and fluid loss; when the loss of blood and fluid is excessive, shock is possible. In addition, iron can damage cell tissues (including those that make up organs); therefore, iron poisoning can result to organ failure. Overall, iron toxicity could also result in seizures, coma, and death.
If your child suffered any harm associated with the defective multivitamins recalled by The Vitamin Shoppe, you must understand that the incident could have been prevented. You might have grounds to hold the company accountable for the harm that your child suffered.
About Product Liability and Your Right to Sue
Do you have the right to sue for the harm that your child suffered due to a defective product? Depending on the details surrounding the incident, you might have grounds to sue based on the concept of product liability. Based on product liability, companies owe their consumers a duty of care. Companies have the duty to ensure that their products are completely safe for consumers to use. This means that companies must inspect/test their products to be able to identify/address any hazards in design, labeling, and manufacturing. When companies fail to identify and address the defects present in their products (and make defective products available to consumers), they are breaching their duty of care – they are also putting consumers at risk of harm.
Whenever an innocent consumer suffers harm associated with a defective product – a defective product that should have never been released to the public – the company could be liable for all harm suffered. In other words, affected consumers could hold negligent companies accountable for the harm resulting from a defective product; the right to hold the company accountable is based on the concept of product liability.
If you would like to learn more about product liability and your right to sue, do not hesitate to seek legal assistance with the defective product attorneys at our firm immediately. Our lawyers are ready to provide you with all the information that you need to hold The Vitamin Shoppe accountable for the harm that your child suffered.
Could You Recover Monetary Compensation?
Depending on the details surrounding your product liability claim and the harm that your child suffered, you might have grounds to recover monetary compensation. The type and amount of compensation available for recovery will always be based on the details of the claim, but could include some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
To learn more about the amount of compensation that you could be eligible to recover (upon reaching a successful claim outcome), do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our product liability lawyers understand the way in which the fair recovery of compensation can help you and your entire family move past such a traumatic incident. You can trust that our product liability lawyers are ready to help you recover the compensation that you are owed.
What Should You Do to Prepare to File Your Claim?
If your child suffered harm associated with a defective product, you might be considering the possibility of pursuing a claim against the company that negligently contributed to the harm that your child suffered. However, it can be difficult for parents to act appropriately immediately after an incident. All consumers should do the following after being harmed by a defective product:
- Take photos of the physical injuries suffered
- Take photos of the defective product
- Seek medical attention immediately
- Contact the company to report the defect, the incident, and the harm suffered
- Do not agree to a free repair or free replacement
- Do not agree to a full refund or to store credit
- Do not agree to return the defective product
- Keep the defective product in a safe place, away from the reach of children
- Do not tamper with the defective product in any way
- Gather all medical records associated with the harm suffered
- Gather all records associated with the purchase of the defective product
- Seek legal assistance immediately
By following the steps listed above, affected consumers are gathering the tools necessary to hold at-fault companies accountable for the harm that they suffered. If you would like to learn more about the actions that you could take to prepare to pursue your claim after your child suffered harm associated with a defective product, do not hesitate to seek legal assistance with the experts at our law firm immediately.
Your Claim is Subject to a Deadline
Without a doubt, you might have grounds to sue if your young child suffered poisoning associated with a defective product. Although you might have grounds to sue, it is important that you are aware that you could potentially lose your right to sue by failing to take legal action within the time allowed by the applicable statute of limitations. What is a statute of limitations? A statute of limitations determines the specific length of time that claimants have to pursue their claims. If claimants fail to file their claims within the time allowed by the statute of limitations, claimants will – unfortunately – lose their right to sue.
What statute of limitations applies to your claim? In general, product liability claims in California are subject to a two-year statute of limitations. This means that claimants have two-years to file their claims. If claimants do not file within the two years allowed by the applicable statute of limitations, they could lose their right to sue. However, it is important to note that exceptions to the statute of limitations could apply. In cases that involve children, for example, the statute of limitations could be tolled until the injured child reaches an adult age (either eighteen-years-old or is legally emancipated).
For more information about the specific statute of limitations (and any possible exceptions) that could apply to your product liability claim against The Vitamin Shoppe or any other company, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers are ready to help you file your claim within the appropriate length of time.
Contact Normandie Law Firm Today
Did your child suffer harm associated with a defective product? If so, you might be considering the possibility of pursuing a product liability claim against the company that negligently contributed to the harm that your child suffered. If you are interested in learning more about your right to sue for the harm that your child suffered due to a defective product, you should contact Normandie Law Firm at your earliest convenience. Normandie Law Firm is a personal injury law group with many years of experience handling personal injury claims, including product liability claims. Our product liability attorneys are dedicated to representing consumers and fighting for their rights after being harmed by defective products. If you would like to explore the possibility of pursuing a defective product claim with the assistance of our experts, do not hesitate to contact our firm as soon as possible.
At Normandie Law Firm, our lawyers are dedicated to providing all affected consumers with the representation that they need to fight for their rights and recover the compensation that they deserve. Our lawyers are ready to provide you with the guidance that you need to hold the liable company accountable for the harm that your child suffered. At our firm, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions, address all your concerns, and provide you with the information that you need to start or continue your product liability claim. If you are in need of legal guidance, you can trust that our lawyers are ready to provide you with the assistance that you need to reach a successful claim outcome. If you would like to benefit from our free legal services, do not hesitate to contact our experts today.
At our firm, we also offer a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; therefore, our clients will not be required to pay any legal fees until after reaching a successful claim outcome. That is, if you do not win, you will not be required to pay anything.
If you are ready to discuss your product liability claim with the experienced attorneys at our firm, do not hesitate to contact us at your earliest convenience.
