Legal Question in Personal Injury in Oregon

Bandage in M&M's
We had purchased some M&M's (sealed)(10/4/03)and we found a used bandage in the package stuck to an M&M. We phoned the company and complained, questioning if we possibly contracted something from the used bandage as it is a biohazard. Mars Company (M&M's) was very rude and told me it is our concern and I am out of my ''comfort level'' and stated they would like the product/bandage back. I contacted the local health department and am told it is possible we contracted Hepatitis B and/or C from the used bandage (off the product we consumed.) I am pregnant and my daughter is a toddler and we are very concerned about this. I am concerned if we mail it back to them, we will never know if the bandage contained the viruses or if we have become infected. (1 out of every 20 people have hepatitis B and 1 out of every 100 have hepatitis C, so our chances of catching it from the bandage are higher than I realized.) I have placed a complaint with Janet Laird at the FDA and through the Walmart company we purchased it from. I have contacted the poison control center and the health department to validate it is a serious concern we did possibly contract the viruses. Please advise if there is more we can do?

Asked on 10/13/03, 2:21 pm

Matthew Kaplan Kaplan Law, LLC

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Re: Bandage in M&M's

I would not send it to them. If you end up with some sort of injury then you should contact an attorney who should have the bandaid tested.

Answered on 10/13/03, 5:04 pm

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