So, I know a little something about warnings. I know it’s wise to retain an expert warnings consultant as soon as possible when new litigation begins and that’s exactly what we’ve done in the Nestle recall litigation. Our warnings expert will join our team of liability and causation experts and will be providing important guidance for us in the federal and state court suits we have already filed …and others we anticipate continuing to file.

What Nestle knew regarding how its product was being consumed and any projections or calculations they may have conducted regarding how sales might be adversely affected based on the nature of any warnings will all be an important part of our discovery efforts. Tragically, in other cases, we’ve seen troubling calculations which quantify anticipated loss sales if warnings become more direct, specific and detailed. It’s appalling to see consumer safety hinge on sales projections… but sadly, it’s a recurring theme…it often simply boils down to profits over safety.

And that’s where the tort system and regulatory agencies, acting in tandem, can make it unprofitable to leave safety at the bottom of the food chain (pun intended). E. coli, HUS, bloody diarrhea, long term kidney problems, missed work, hospital visits and watching your child battle an infection reserved for cow intestines are neither what consumers expect nor what they are warned about as they and their families go about the daily food consumption.

We’re anxious to proceed with discovery to determine exactly what was going on at Nestle regarding warnings. Stay tuned.