Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
My question involves an injury that occurred in the state of: Illinois
This topic involves personal injury from lead exposure to a “food-grade” product sold by an online company, as well as damage to property from the lead.
I am a recreational home beer brewer in the state of Illinois, and I bought a thermohydrometer from an online brewing supplies company based in Minnesota. They sold this thermohydrometer for the explicit purpose of home beer and wine brewing.
It looks like this: http://static.zoovy.com/img/homebrew...hydrometer.jpg
As you can see, it is a hollow glass tube with an internal thermometer, and weighed down with metal shot on the bottom so it will float in liquid.
In January 2013, I was making a batch of beer, which involves boiling barley in water for about 90 minutes. Near the first 5 minutes, I immersed the thermohydrometer in the water, to take a temperature reading. The bottom of the glass broke, releasing all of the metal shot into the beverage.
I did not think anything was wrong, and boiled for 90 minutes like usual. Afterward, I drank about 8-12 oz. of the liquid, to see how it turned out. I additionally dumped the solution to a ~$1000 metal fermentor.
At this point, I realized the glass had broken, and realized I may have been exposed to lead. I rushed to an Urgent Care clinic and saw a physician. From all of the stress, my BP was higher than 140. They took a blood lead level test, which later showed moderately elevated blood lead levels that were above average, but not yet at the level that would necessitate immediate treatment.
I contacted the online company, who stated that the device did not contain lead. They told me they imported it from an international manufacturer, and emailed me a digitial copy of a signed and stamped letter guaranteeing the device did not contain lead.
I then tested the device again with an additional chemical test from 3M, which immediately gave a positive result indicating lead.
At this point, I am first worried about the elevated lead level in my blood. According to scientific research studies, the precise level I am at is associated with increase death, and increased risk of tremor. The latter is a problem, because I am in training to be a surgeon, and my hands now shake.
Additionally, I am worried that the lead may have contaminated my property, including the ~$1000 fermentor that was almost brand new.
Can I sue these guys for either personal injury, falsely stating their product has no lead, property to damage (in small claims), or pain and suffering (as evidenced by my high BP in urgent care)?
I am fairly confident I will suffer health effects due to their negligence, but besides the tremor, these will most likely not manifest for decades, and are only backed up by research. If I were to send the broken device to an analytical lab, I am very confident they will document excess lead, based off my two chemical at-home tests, and visual inspection.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
Contact a good personal injury lawyer
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
Are you sure your high level of lead hasn't come from someplace else? Every place I checked states that there thermo hydrometers are non-mercury and lead-free.
This may cost you a lot of money to file suit and in the end, come out with nothing. You may want to go back to the vendors web-site and buy 3 more thermo hydrometers. Recheck one yourself, send one out to a lab and keep one in a safe place in case the one sent to a lab comes back positive for lead.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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Who'sThatGuy
Are you sure your high level of lead hasn't come from someplace else? Every place I checked states that there thermo hydrometers are non-mercury and lead-free.
This may cost you a lot of money to file suit and in the end, come out with nothing. You may want to go back to the vendors web-site and buy 3 more thermo hydrometers. Recheck one yourself, send one out to a lab and keep one in a safe place in case the one sent to a lab comes back positive for lead.
I do not think there is a way to conclusively prove that my elevated blood lead levels were a result of this incident. The facts we have to work with are 1) I purchased that device from them, as evidenced by the receipt 2) the device contained lead, according to multiple chemical tests 3) the device failed during normal use, releasing toxic material into food/beverage 4) I ingested a solution that had been exposed to the lead at high temperature for 90 min. 5) a blood test conducted by a physician shortly after demonstrated elevated lead levels.
Thankfully, I pre-emptively bought additional thermo hydrometers for the exact reason you stated. I am debating sending one of the new, sealed ones to EMS analytical for mass spectrometry analysis, although this would cost around $100 for dubious benefit.
The way I see it, there are 2 options: 1) sue for personal injury for continued damage over the course of my lifetime (although this would depend on whether the courts accept expert opinion and scientific studies) 2) sue for property damage as a result of toxic contamination. In this case, I *think* the case would be pretty straight forward if an analytical lab proved the food-device contained lead.
Any way I look at it, I feel pretty screwed by their gross negligence on this, and with really little way to recoup my losses and medical expenses I'll end up having to pay if I face problems down the road.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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1) sue for personal injury for continued damage over the course of my lifetime
Back up the pick up, son.
What actual damage have you suffered directly from this incident? No, I don't want to hear "I drank something that had lead in it!" That's not necessarily an injury. What actual injury are we talking about? Have you gone blind? Got brain damage? Suffered paralysis? Brittle bones? Encephalopathy? Parasthesia? Kidney failure? Liver failure? Seizures? Hair falling out?
My guess here is that you've not experienced ANY of these, because you weren't exposed to enough lead for this to be an issue. And in fact, living in an industrialized society as we do, you are exposed to more lead on a daily basis just from going outside - and it's still not enough to cause that level of injury. No, not even your "tremor", which given your overwrought tone here, is likely entirely psychosomatic.
Certainly, consult a personal injury attorney, but be prepared to be told to stop panicking and go home.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
For all we know, you could have been eating old house paint.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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LawResearcherMissy
Certainly, consult a personal injury attorney, but be prepared to be told to stop panicking and go home.
Why not? "Sure I'll take your case. Write me a check for a $25,000 retainer and I'll get the ball rolling for you. I can bill you at an hourly rate of $450".
AnxiousStudent,
if you're really thinking of suing, you better get that second thermo hydrometer to an independent lab and the broken one sealed and sent to an attorney. Also seal your metal fermentor and any brew from that batch the possible lead poisoning had come from.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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LawResearcherMissy
Back up the pick up, son.
What actual damage have you suffered directly from this incident? No, I don't want to hear "I drank something that had lead in it!" That's not necessarily an injury. What actual injury are we talking about? Have you gone blind? Got brain damage? Suffered paralysis? Brittle bones? Encephalopathy? Parasthesia? Kidney failure? Liver failure? Seizures? Hair falling out?
My guess here is that you've not experienced ANY of these, because you weren't exposed to enough lead for this to be an issue. And in fact, living in an industrialized society as we do, you are exposed to more lead on a daily basis just from going outside - and it's still not enough to cause that level of injury. No, not even your "tremor", which given your overwrought tone here, is likely entirely psychosomatic.
Certainly, consult a personal injury attorney, but be prepared to be told to stop panicking and go home.
I see you're point, but understand this: Just because you cannot see and quantify the damage now, does not mean it isn't there.
There is a significant amount of peer reviewed science showing that the lead levels I have are harmful. Here's one of many: http://www.sciencedaily.com/releases...0918192146.htm .
"Compared to participants with blood lead below 1.9 µg/dL, participants with blood lead between 3.6 µg/dL and 10 µg/dL had:
a 25 percent higher risk of death from any cause
a 55 percent higher risk of death from cardiovascular diseases
an 89 percent higher risk of death from heart attack
two and a half times the risk of death from stroke"
If I were to tell someone that there is a 25% chance their life was going to be cut short by the gross negligence of a company, they'd probably be upset too. That study was published in Circulation with a sample size of 13,946, fyi.
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Who'sThatGuy
Why not? "Sure I'll take your case. Write me a check for a $25,000 retainer and I'll get the ball rolling for you. I can bill you at an hourly rate of $450".
AnxiousStudent,
if you're really thinking of suing, you better get that second thermo hydrometer to an independent lab and the broken one sealed and sent to an attorney. Also seal your metal fermentor and any brew from that batch the possible lead poisoning had come from.
Yea I agree. It is definitely being sealed. Even if nothing comes of this, I will not use it again, as I'd rather take a big $$$ hit than have people get sick from it.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
How about the CPSC....
So far you have evidence of a panic attack? No actual evidence of lead in the thermometer. No actual evidence of injury caused by lead. You need more than that.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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I see you're point, but understand this: Just because you cannot see and quantify the damage now, does not mean it isn't there.
Oh, sweetie.
The courts don't work that way. If the damage isn't quantifiable, there isn't any damage, as far as the courts are concerned.
If you live anywhere near a factory - and unless you live in West Middle Of Nowhere, you do - you're getting exposed to greater levels of lead DAILY than what you accidentally ingested. But if it will make you feel better to spend a lot of money to get a court to tell you what I just did, you go right ahead. It's your wallet.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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Mr. Knowitall
How about the CPSC....
So far you have evidence of a panic attack? No actual evidence of lead in the thermometer. No actual evidence of injury caused by lead. You need more than that.
I will follow up with CPSC on this, so that the company might consider taking it off the market.
You are correct, no actual evidence of injury caused by the lead. I don't think there will ever be a way to legally prove it, either.
So then let's talk about property damage:
Let's assume I send the thermohydrometer to an analytical lab, and they're 100% certain there's lead in it. Would I have a viable small claims case, if I argue that the $1000 fermenter is now contaminated due to confirmed lead presence?
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LawResearcherMissy
Oh, sweetie.
The courts don't work that way. If the damage isn't quantifiable, there isn't any damage, as far as the courts are concerned.
If you live anywhere near a factory - and unless you live in West Middle Of Nowhere, you do - you're getting exposed to greater levels of lead DAILY than what you accidentally ingested. But if it will make you feel better to spend a lot of money to get a court to tell you what I just did, you go right ahead. It's your wallet.
Ok, I see. What is your opinion of suing for property damage, if I were to prove the thermometer had lead?
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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AnxiousStudent
Let's assume I send the thermohydrometer to an analytical lab, and they're 100% certain there's lead in it. Would I have a viable small claims case, if I argue that the $1000 fermenter is now contaminated due to confirmed lead presence?
Based upon your lab report which we are to assume might show traces of lead on the surface of the fermenter, but not deeper within the metal, and yet somehow so firmly bonded with the metal that you can't just scrub it down?
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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Mr. Knowitall
Based upon your lab report which we are to assume might show traces of lead on the surface of the fermenter, but not deeper within the metal, and yet somehow so firmly bonded with the metal that you can't just scrub it down?
I've thought about just wiping it many times, but it does not guarantee the lead is gone. When the maturing beer is in there, the pH is acidic, which facilitates the dissolution of any lead. Furthermore, when lead reacts with organic acids, it forms organic lead compounds that are especially absorbable and toxic. While it is possible that it would present no danger, I do not want to possibly put my family and friend's health at risk. The only options in my mind are either sue or take the financial loss.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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I've thought about just wiping it many times, but it does not guarantee the lead is gone.
What the hell else are you brewing in there that your stainless steel fermenting vat is so pitted and corroded that washing and sanitizing is not going to remove the scant traces of lead that might remain?
Render unto me a freakin' break. Do you think that people with the most basic understanding of chemistry are not going to know that lead has ZERO effect on stainless steel and in fact can be washed right off as long as the metal is intact?
I volunteer in a winery and have STOOD INSIDE fermentation vats to clean them. Some of them, the vintner bought used when the winery was first getting off the ground, and even being 15 years old and subjected to heavy use, they're still intact. There's a reason brewers and vintners use stainless steel. It doesn't corrode under normal use conditions. The acids produced during normal fermentation are not strong enough to come even within spitting distance of compromising the integrity of the metal. NOTHING bonds to intact stainless steel.
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The only options in my mind are either sue or take the financial loss.
Your desperation to sue is clouding your judgement. Do you think the court is really going to buy your argument that properly cleaning and sanitizing the vat isn't enough?
You have suffered ZERO quantifiable damages. Not one. Scrub and sanitize your fermentation tank and move on.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
After reading this....I hope you are never able to practice as a surgeon...
"I immersed the thermohydrometer in the water, to take a temperature reading. The bottom of the glass broke, releasing all of the metal shot into the beverage.
I did not think anything was wrong, and boiled for 90 minutes like usual. Afterward, I drank about 8-12 oz. of the liquid, to see how it turned out."
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
So after an obvious potentially dangerous occurrence you saw fit to continue as usual as if nothing was amiss? :wallbang:
I am so sure the defendants' legal team is gonna have an absolute field day with that little gem. Jus' sayin'!
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
It was my impression that he realized the glass had broken when he poured out the liquid and found broken glass.
Whatever the case may be, going into court with no evidence of lead in the thermohydrometer, no evidence of injury, and no evidence of damage to the fermenter... won't make for a very long trial.
Re: Exposed to Toxic Food Preparation Device Labeled "Food Grade" but Containing Lead
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Whatever the case may be, going into court with no evidence of lead in the thermohydrometer, no evidence of injury, and no evidence of damage to the fermenter... won't make for a very long trial.
...and may just annoy the judge. Which I never consider a good idea.