Infant Hospitalized After Breastfeeding Mother Ate Recalled Daily Harvest Products: Lawsuit

According to allegations raised in a recent product liability lawsuit against Daily Harvest, a mother and breastfeeding infant both suffered severe gastrointestinal injuries after eating recalled French Lentil + Leek Crumbles, which have been linked to hundreds of similar illnesses nationwide.

The Daily Harvest recall was announced in late June, following more than 470 reports involving severe food poisoning symptoms, gallbladder damage and liver injuries among consumers who ate the Crumbles, often resulting in hospitalization.

The company now faces a growing number of Daily Harvest crumbles lawsuits brought by individuals sickened after eating the frozen prepared foods, and this latest complaint indicates the side effects also impacted an infant who was breastfeeding.

The complaint (PDF) was filed by John Looby in the Supreme Court State of New York County of New York on July 15, presenting claims for his minor daughter, referred to as “M.L.” in the lawsuit.

According to the lawsuit, Katherine Looby ate the recalled Daily Harvest French Lentil + Leek Crumbles on the May 23, 2022, and began experiencing abdominal pain and gastrointestinal distress the next day. By the second day, M.L., who was being breastfed by Katherine became fussy and developed symptoms of vomiting, diarrhea, holding her head while screaming, and dark urine.

Unaware the products may be the cause of her problems, the lawsuit indicates Katherine began eating the Daily Harvest products again on June 6, which caused almost immediate symptoms of abdominal pain, headache, gastrointestinal distress, fever, and vomiting, resulting in hospitalization the next day.

After ruling out communicable disease as the root cause, Katherine continued breastfeeding M.L. based on the advice of her physicians.

M.L. was seen by a physician shortly after Katherine’s release and blood tests revealed elevated liver enzymes severe enough to merit hospitalization of the infant, where she was discharged and instructed to see pediatric gastrointestinal and neurological experts.

The lawsuit claims M.L. continues to suffer from liver problems requiring neurological and gastroenterology testing by physicians, which are a direct and proximate result of the contaminated Daily Harvest Crumbles.

Looby claims Daily Harvest was negligent in failing to exercise reasonable care in preparing and monitoring the safety and sanitary conditions of its products, and knew or should have known about the growing number of illnesses being reported by consumers, yet continued to market the new line of Crumbles.

Daily Harvest Crumbles Recall Investigation

Daily Harvest delivers a variety of ready-to-blend smoothies, bowels, soups and other products, which are marketed through television ads and social media influencers. However, a number of those individuals paid to promote the products on social media are among consumers who have experienced gastrointestinal illness, liver function issues, and other side effects. Some consumers have also reportedly suffered severe enough injuries to require gallbladder removal surgery.

As of July 12, a Daily Harvest recall update claimed that testing has been inconclusive of Listeria, E.Coli, Salmonella, Staphylococcus Aureus (Staph), B.Cereus, Clostridium species, mycotoxins, aflatoxins, as well as for major allergens including egg, soy, milk, and gluten; all of which have come back negative to date. However, Daily Harvest announced the company will continue diligently working with federal and state agencies to cast a wider net to identify the source of contamination in its recalled French Lentil + Leek Crumbles products.

While the investigation continues, the FDA is instructing consumers to stop eating the recalled products and to discard them immediately to prevent further contamination and possible injury.