Salmonella Lawyer & Attorney : Marler Clark : Salmonella Blog

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A 77-year-old Dayton woman is recovering after being hospitalized for salmonella poisoning from pepper.  Shirley Shultz's infection coincides with recalls of white and black pepper by California-based companies Union International Food Co. and CJ United Corp. over the last month.  Shultz was discharged Tuesday from a Carson City hospital after spending over a week there.

The Nevada Health Division says Shultz is among nine Nevadans infected with salmonella from pepper this year, but she's the only one who had to be hospitalized.  The state had five reported cases in Washoe County, two in Carson City and one each in Lyon and Elko counties.  Fifty similar cases were reported in California, Oregon and Washington.

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The U.S. Centers for Disease Control and Prevention released a breakdown on Friday of the number of cases in each of 42 states involved in a nationwide outbreak of salmonella poisoning that has stricken at least 399 people:

California, 55, Ohio, 53, Massachusetts, 39, Minnesota, 30, Michigan 20, New Jersey 13, New York, 12, Pennsylvania 12, Virginia 12, Washington 11, Idaho, 10, North Dakota, 10, New Hampshire, 10, Colorado, 9, Tennessee, 9, Arizona, 8, Missouri, 8, Maryland, 7, Connecticut, 6, Nevada, 6, Georgia, 5, Oregon, 5, Texas, 5, Illinois, 4, Vermont, 4, Arkansas, 3, Indiana, 3, Kentucky, 3, Maine, 3, Rhode Island, 3, Utah, 3, Wisconsin, 3, Kansas, 2, Oklahoma, 2, South Dakota, 2, West Virginia, 2, Wyoming, 2, Alabama, 1, Hawaii, 1, Iowa, 1, Nebraska, 1, North Carolina, 1.

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Second in the world only to China's melamine scandal, Salmonella was the top food-borne illness story in the United States in 2008.
Salmonella Saintpaul in tomatoes—wait—peppers. A final count of 1,442 ill in 43 states, D.C., and Canada, and those are the confirmed illnesses. Using CDC math - which estimates that for every documented case of salmonella in the US, another 38.5 go unreported - the total number sickened was probably closer to 50,000. In an outbreak that stretched for months without a smoking tomato,
Now how's the salmonella story linked to the top story of them all in 2008---the mortgage meltdown? Through one family's story, whose bread winner was struck down by salmonella, putting the family mortage in peril. Go here for the touching story.

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As of early this week, Alamosa has reported 389 cases of Salmonella, 107 of which have been confirmed by laboratory testing. Sixteen people have been hospitalized. It now appears that there may be a death related to the consumption of Salmonella-tainted water.  Here is the story from the local Alamosa paper.

The CDC estimates that 1.4 million cases occur annually (CDC, 2005, October 13). Approximately 600 deaths are caused by Salmonella infections in the U.S. every year, accounting for 31 percent of all food-related deaths (CDC, 2005, October 13; MMWR Weekly, 2001). The reported incidence of Salmonella illnesses is about 14 cases per each 100,000 persons (MMWR Weekly, 2006), amounting to approximately 30,000 confirmed cases of salmonellosis yearly in the U.S. (CDC, 2005, October 13). In 2005, just over 36,000 cases were reported from public health laboratories across the nation, representing a 12 percent decrease compared with the previous decade, but a 1.5 percent increase over 2004 (CDC, 2007). As only about 3 percent of Salmonella cases are officially reported nationwide, and many milder cases are never diagnosed, the true incidence is undoubtedly much higher (Mead, 1999).

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A Marion, Wisconsin resident filed a lawsuit against ConAgra, the manufacturer of Banquet pot pies, today.  The lawsuit is one of seven filed by Seattle-based Marler Clark on behalf of victims of a nationwide outbreak of Salmonella infections traced to the pot pies. 

Associated Press reporter Dinesh Ramde wrote about the lawsuit:

A man who says he became violently ill after eating a Banquet pot pie has filed a federal lawsuit against ConAgra, claiming the manufacturer was negligent in its duty to provide safe food.

The lawsuit, filed Wednesday in U.S. District Court for the Eastern District of Wisconsin, seeks at least $75,000 in damages.

According to the lawsuit, 30-year-old Eric J. Mand of Malone in Fond du Lac County bought at least one ConAgra Banquet pot pie in mid-September. A few days after eating one, he became so sick with severe gastrointestinal symptoms that he required hospital care on two separate days, the lawsuit said.

The number of illnesses traced back to the consumption of ConAgra pot pies had risen to 272 by October 29, 2007, the day of the CDC's final regular update on the outbreak. At that time, CDC had identified cases in Arizona (1), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3). At least 65 people had been hospitalized due to their Salmonella illnesses

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SEATTLE, WA (November 28, 2007) – Marler Clark filed a sixth lawsuit against ConAgra today on behalf of a victim of the Banquet pot pie Salmonella outbreak that sickened hundreds. The lawsuit was filed in Yakima County Superior Court on behalf of Yakima resident Renee Barnes, who became ill with a Salmonella infection in May, 2007 after consuming a Banquet pot pie manufactured by ConAgra.

According to the lawsuit, Ms. Barnes became ill with symptoms of Salmonella poisoning within days of eating a Banquet pot pie in mid-May. She sought medical treatment for her illness on May 16 and May 23, and later learned that a specimen she had provided tested positive for Salmonella. Months afterward, Ms. Barnes learned she was one of 272 people who tested positive for the outbreak strain of Salmonella – Salmonella serotype I4,5,12:i:- and that the Banquet pot pie she had eaten was the source of her illness.

“I represent thousands of people who became ill with Salmonella after eating either pot pies or peanut butter – both products manufactured by ConAgra – this year,” said William Marler, managing partner of Marler Clark. “At this point, not one of them has been compensated for their injuries. It’s about time.”

ConAgra resumed production of its Banquet and store-brand pot pies on November 1, after introducing more stringent testing procedures for ingredients being included in ready-to-cook products and modifying cooking instructions. The firm plans to ship the pot pies to retail outlets in December and anticipates the products being on store shelves by January. 

“If ConAgra is ready to make a profit off these products again, the least they should do is right some wrongs first,” Marler continued. Marler Clark will send a representative and an environmental health expert to attend an inspection of the pot pie plant in Marshall, Missouri, on December 5^th. 

BACKGROUND: Marler’s Seattle-based law firm, Marler Clark (www.marlerclark.com) has represented thousands of victims of E. coli, Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus illnesses. In 1998, Marler and his current law partners formed OutBreak (www.outbreakinc.com), a non-profit food safety organization. Marler dedicates a significant amount of his time to travel to food-industry and public health conferences, giving speeches about how to prevent food poisoning and the consequences of foodborne illness outbreaks. Marler comments on foodborne illness outbreaks and litigation at www.marlerblog.com.

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Investigation of Outbreak of Human Infections Caused by Salmonella I 4,[5],12:i:-

CDC is collaborating with public health officials in multiple states across the United States and with the U.S. Department of Agriculture’s Food Safety and Inspection Service to investigate an ongoing multi-state outbreak of Salmonella I 4,[5],12:i:- (pronounced “four five twelve eye minus”) infections in humans. An investigation that used interviews comparing foods eaten by ill and well persons is showing that eating Banquet brand pot pies produced by the ConAgra Foods company is the likely source of the illness.

Between January 1, 2007 and October 29, 2007, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3). Their ages range from <1 to 89 years with a median age of 18 years; 51% of ill persons are female. At least 65 people have been hospitalized.

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NEWS RELEASE
Contact:
Suzanne Schreck
(206) 346-1879
sschreck@marlerclark.com

SEATTLE, WA (November 13, 2007) – A Pasco, Washington man who became ill with Salmonella after eating a Banquet pot pie in September filed a lawsuit against ConAgra, the food manufacturer whose Banquet pot pies were recalled in October after they were identified as the source of a nationwide Salmonella outbreak. The lawsuit was filed in United States District Court for the Eastern District of Washington in Spokane by the Seattle law firm Marler Clark.

According to the lawsuit, the plaintiff, John Doty, ate a Banquet brand pot pie for lunch on Friday, September 28, 2007. That evening he developed a fever and by the next morning began experiencing symptoms of Salmonella poisoning, including bloody diarrhea. Mr. Doty sought medical care at a local hospital on September 30, where he was treated for dehydration and nausea. While at the emergency room, Mr. Doty submitted a stool specimen for testing that later tested positive for Salmonella serotype I4,[5],12:i:-, the strain of Salmonella the Centers for Disease Control and Prevention identified as the serotype associated with the pot pie Salmonella outbreak. Mr. Doty continues to suffer from the effects of his Salmonella illness.

“This is the fifth lawsuit we have filed against ConAgra in connection with this outbreak,” said William Marler, Mr. Doty’s attorney. “We have been contacted by dozens of people who are part of the pot pie Salmonella outbreak, and will continue to file lawsuits against ConAgra until they begin compensating our clients for damages.”

Marler Clark previously filed lawsuits on behalf of victims of the Banquet pot pie Salmonella outbreak in Washington, Michigan, Minnesota, and Nebraska.

BACKGROUND: Marler Clark has represented thousands of victims of foodborne illness outbreaks since the 1993 Jack in the Box E. coli outbreak. The firm has represented victims of outbreaks traced to lettuce, sprouts, apple juice, ground beef, peanut butter, and other foods.

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A lawsuit was filed today against ConAgra, the company whose Banquet and store-brand chicken and turkey pot pies were identified as the source of a nationwide Salmonella outbreak in September. The lawsuit was filed in Grand Traverse County Superior Court on behalf of Traverse City resident David Small. 

According to the lawsuit, David Small ate a Banquet brand turkey pot pie on Saturday, September 24, 2007 and became ill with symptoms of Salmonella infection the following day. Mr. Small’s symptoms worsened over the next days, and he sought medical attention at Munson Medical Center on September 27, 2007. He was admitted and remained hospitalized until September 29. Mr. Small later learned that his stool specimen had tested positive for Salmonella serotype I 4,[5],12:i:-, the strain associated with the Banquet pot pie outbreak. 

Mr. Small's attorneys at Marler Clark have represented thousands of victims of foodborne illness outbreaks since the 1993 Jack in the Box E. coli outbreak. Since that time, the firm has represented victims of outbreaks traced to lettuce, sprouts, apple juice, ground beef, peanut butter, and other foods. 

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SEATTLE, WA (October 18, 2007) – A lawsuit was filed today against ConAgra, the company whose Banquet chicken and turkey pot pies were identified as the source of a nationwide Salmonella outbreak. The lawsuit was filed Snohomish County Superior Court on behalf of Snohomish County resident Eric Robertson, whose 2-year-old daughter, Rebecca, became ill with a Salmonella infection after eating a Banquet pot pie. 

According to the lawsuit, Rebecca fell ill with symptoms of Salmonella poisoning on September 22, experiencing severe diarrhea. Rebecca’s symptoms worsened over the next few days, and her diarrhea became bloody. She was treated at a walk-in clinic on September 26^th, and there provided a stool sample for testing. Later that evening, she was again treated in the emergency room, where a spinal tap was performed as part of diagnostic procedures. Rebecca required additional medical treatment on September 28^th and 29^th. Eric Robertson later learned that his daughter’s stool sample had tested positive for Salmonella serotype I 4,[5],12:i:-, the strain associated with the Banquet pot pie outbreak. 

“First it was peanut butter, now it’s pot pies,” said William Marler, attorney for the Robertson family. “It’s time ConAgra took a hard look at the manufacturing processes for all of its food products and stopped shipping contaminated product to consumers.”

BACKGROUND: Marler Clark (www.marlerclark.com), has represented thousands of victims of foodborne illness outbreaks, since the 1993 Jack in the Box E. coli outbreak. Since that time, the firm has represented victims of outbreaks traced to lettuce, sprouts, apple juice, ground beef, peanut butter, and other foods.

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SEATTLE, WA (October 11, 2007) – Marler Clark filed a lawsuit today against ConAgra, whose Banquet and store-brand pot pies were identified as the source of a nation-wide Salmonella outbreak that has caused at least 152 confirmed cases of Salmonellosis and 20 hospitalizations. The lawsuit was filed in Federal District Court for the State of Minnesota on behalf of Sauk Rapids, Minnesota, residents Joshua and Amy Reinert and their daughter, Isabelle, who will be two years old in December.

According to the lawsuit, Isabelle fell ill on August 18, 2007, experiencing diarrhea and fever, with her symptoms worsening quickly.  At one point during her illness, Isabelle was filing 5 or 6 diapers an hour with diarrhea.  She had a febrile seizure and was taken by ambulance to the hospital, where she was treated in the ER on August 19.  Isabelle received multiple hours of IV antibiotics and IV fluids, and was required to return to the hospital on August 20 and 21^st for outpatient treatment with roughly 8 hours per day of IV antibiotics and IV fluids. She has since returned home.

“ConAgra has known about this outbreak since at least Monday, but did not issue a recall or ask stores to pull the product off shelves until today,” said William Marler, attorney for the Reinert family. “That’s unconscionable. Especially when there are parents out there who may not have heard about the outbreak and who are still feeding these products to their kids.”

Marler’s firm, Marler Clark, has represented thousands of victims of foodborne illness outbreaks, including victims of the recent peanut butter Salmonella outbreak, which was also traced back to ConAgra products and victims of a 2002 E. coli outbreak that was traced to the consumption of ConAgra ground beef. 

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The Scheels family of Voorheesville, New York, was interviewed for a story in the Washington Times that was printed last weekend.  Two of the Scheels triplets became ill with Salmonella infections after eating contaminated Veggie Booty earlier this year.  The third, a picky eater who doesn't like Veggie Booty, did not.  Elex and Patrick Scheels expressed their frustrations over their children's illness in the article:

Mrs. Scheels said she and her husband Patrick were "furious" when she found out how her children became ill.

She said they buy "high-end" food for their children, including organic foods, eggs from free-range hens and chicken raised without hormone supplements.

"We thought, 'we spend more money so that something like this wouldn't happen,' " she said.

Marler Clark filed a lawsuit against Robert's American Gourmet Food, the marketer of Veggie Booty, on behalf of the Scheels family in July. 

Veggie Booty Salmonella Outbreak Background:

On June 28, 2007, the Food and Drug Administration (FDA) announced that Robert’s American Gourmet Food, Inc. of Sea Cliff, New York, was recalling Veggie Booty Snack Food. The company, which makes the puffed rice and corn products, Veggie Booty and Pirate's Booty, recalled all lots and sizes of Veggie Booty after health officials identified the product as the source of a Salmonella outbreak.

According to the FDA, the Centers for Disease Control and Prevention (CDC) has identified 51 cases of Salmonella in 17 states that are related to the consumption of Salmonella-contaminated Veggie Booty.

The Veggie Booty was distributed nationwide and in Canada, and was sold in 4 oz., 1 oz., and ½ oz. flexible plastic foil packages. Veggie Booty is sold in supermarkets, health food stores, vending machines, online, and via phone order in both the U.S. and Canada.

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SEATTLE, WA (August 3, 2007)—The owners of Pars Cove Persian Cuisine were named as the defendant in two more lawsuits filed yesterday in Cook County Circuit Court in Chicago. The lawsuits were filed on behalf of three plaintiffs all of whom became ill with Salmonella infections days after eating at the Pars Cove booth at the Taste of Chicago festival. All plaintiffs are represented by Marler Clark LLP, a Seattle-based law firm, and the Chicago injury firm Newland, Newland, and Newland. 

Plaintiffs in the lawsuits are:

• Chicago Heights residents Dick and Christine Dean. Both Dick and Christine fell ill with Salmonella Heidelberg infections on July 6, two days after eating hummus shirazi at the Pars Cove booth at the Taste of Chicago festival. On July 12, after hearing reports of an outbreak through media reports, Mr. Dean went to the emergency room for treatment. He was admitted to the hospital, where he remained through July 17. While he was hospitalized, Mr. Dean submitted a stool sample that cultured positive for Salmonella Heidelberg. Both Dick and Christine missed considerable time from work while they were ill.

• Chicago resident Leon Greenberg. Mr. Greenberg and his girlfriend attended the Taste of Chicago festival on July 4. While there, they sampled hummus shirazi from the Pars Cove booth. On July 6, both Mr. Greenberg and his girlfriend became ill with symptoms of Salmonella infection. Mr. Greenberg’s illness continued through the next week, and he sought medical treatment on July 14, after learning about the Salmonella outbreak linked to the Taste of Chicago festival. Mr. Greenberg submitted a stool sample for testing by CDPH, which later returned positive for Salmonella Heidelberg. Mr. Greenberg, a chef and culinary student, was unable to return to work or school until he tested negative for Salmonella twice. On August 1, Mr. Greenberg was notified by CDPH that his second stool sample had returned negative for Salmonella, and he was allowed to return to work.

“Health officials have confirmed 132 cases of Salmonella Heidelberg in people who attended the Taste of Chicago festival and ate food from the Pars Cove booth,” said Drew Falkenstein of Marler Clark, who together with the Newland firm filed another lawsuit against Pars Cove on July 24. “People made ill during this outbreak deserve to be compensated for their damages.”

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CHICAGO, IL (Tuesday, July 24, 2007) – Marler Clark, the Seattle law firm that has represented thousands of victims of Salmonella and other food poisoning outbreaks, filed a lawsuit today against Iran Echo International Corp., the owner of the Pars Cove Persian Cuisine booth that was identified as the source of a large Salmonella outbreak at this year’s Taste of Chicago festival. The lawsuit was filed in Cook County Circuit Court on behalf of Kenneth and Donna Searcy, a Romeoville, Illinois, couple who ate food from the Pars Cove Taste of Chicago booth on July 2, and subsequently became ill with Salmonellosis.

According to the complaint, Kenneth Searcy became ill with symptoms of Salmonella infection in the late-evening hours of July 2, after the couple had visited the Taste of Chicago festival and eaten hummus shirazi, a fresh herb tomato cucumber salad over a bed of hummus, at the Pars Cove booth. Donna Searcy fell ill two days later, on July 4. The Searcys sought medical care on July 13, after learning of the Salmonella outbreak through media reports. Both Kenneth and Donna submitted stool samples, which they later learned had tested positive for Salmonella.

“This outbreak has caused a great hardship for the Searcy family,” commented William Marler, managing partner of Marler Clark. “Both Kenneth and Donna are registered nurses, and neither has been able to return to work since becoming ill nearly a month ago.”

As of July 23, the City of Chicago Public Health Department (CDPH) had identified 736 people who reported becoming ill after eating food purchased from the Pars Cove Taste of Chicago booth. CDPH reported that 124 Salmonella infections had been confirmed through laboratory testing, with 98 of those being identified as Salmonella Heidelberg, the outbreak strain. Thirty-two people were known to have been hospitalized. 

“With over 700 people sick, imagine what this outbreak will cost the Chicago area in lost productivity alone by the end of this month,” Marler added. “Pars Cove and its insurers should step up and start compensating victims for their medical bills and lost wages now.”

BACKGROUND: The attorneys at Marler Clark have successfully represented thousands of victims of Salmonella poisoning. The firm has represented victims of outbreaks traced to contaminated tomatoes, pastries, sprouts, cantaloupe, and other foods. In 2002, Marler Clark represented 70 victims of Salmonella poisoning at a country club in Rochester, New York. The firm represented 50 victims of the 2003 Chili’s Salmonella outbreak in Vernon Hills, Illinois, and 35 victims of the 2003 ammonia poisoning at a Laraway Elementary School in Joliet.  (See the Marler Clark News Archives for case news)

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ALBANY, NY (July 17, 2007) – Seattle-based Marler Clark filed a second lawsuit against Robert’s American Gourmet Food, Inc. today in Albany County Supreme Court in New York. The lawsuit was filed on behalf of Voorheesville, New York residents Patrick and Elex Scheels and two of their 20-month-old triplets who became ill with Salmonella Wandsworth infections after consuming Veggie Booty in April. Co-counsel in the case is Rochester, New York-based Underberg & Kessler and New Brunswick, NJ-based Eric Weinberg.

In the lawsuit, attorney William Marler contends that Sydney and Cole Scheels became ill with Salmonellosis after eating Veggie Booty. Both children exhibited fever, abdominal cramping, explosive diarrhea, and bloody diarrhea after eating the Veggie Booty, and received medical treatment for their illnesses. While Cole recovered from his illness, Sydney suffered symptoms of Salmonella infection throughout May and June, and lost roughly ten percent of her body weight due to her illness. Sydney and Cole both submitted stool samples that cultured positive for Salmonella Wandsworth, and the Scheels were notified by the Centers for Disease Control and Prevention (CDC) that their children were part of a nation-wide outbreak that had been traced to consumption of Veggie Booty. Sydney continues to test positive for Salmonella. 

“Robert’s has indicated that an ingredient from a Chinese supplier was the source of this outbreak,” Marler commented. “After recent scares involving food products imported from China, one would think that American food manufacturers using imported ingredients would take extra precautions and institute a testing regimen to ensure the safety of their products.”

Robert’s American Gourmet Foods initiated a recall of its Veggie Booty on June 28, after the company was notified that the product was the source of a Salmonella outbreak. The company expanded its recall to include Super Veggie Tings Crunchy Corn Sticks on July 2. On July 11, the CDC announced that 60 persons in 19 states had been confirmed ill with Salmonella Wandsworth infections, with initial illness onset dates between March 4 and June 15. Ninety percent of cases were children aged 10 months to three years. 

“This case is very perplexing,” Marler added. “There are several unanswered questions that beg answers.” Questions Marler seeks answers to include:

1.      If Robert’s American Gourmet only markets Veggie Booty, etc., and Atlantic Quality Spice & Seasoning provides the spices, who manufacturers the product, and where?

2.      The Minnesota Department of Health isolated Salmonella Typhimurium from unopened bags of Veggie Booty. Have other strains of Salmonella (in addition to Wandsworth) been found in either human stool or product samples - like Salmonella Typhimurium?

3.      Why has Robert's American Gourmet not offered to help the victims?  Medical bills and wage losses are mounting.

BACKGROUND: Marler Clark has represented thousands of victims of E. coli, Salmonella, and other foodborne illness outbreaks since 1993. Together with Marler Clark, Underberg & Kessler has represented victims of E. coli, Salmonella, and hepatitis A outbreaks, including 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002.

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AP reported today:

The parents of an Indiana toddler have sued the makers of Veggie Booty, claiming the recalled snack poisoned their child.

The lawsuit, filed in federal court in New York by David and Ashlee Allen, of Valparaiso, Ind., says their 18-month-old son, Xavier, ate a bag of Veggie Booty on May 20. It alleges that three days later, he had a bout of "severe, bloody diarrhea," and was diagnosed at a hospital with salmonella poisoning.

Robert's American Gourmet Inc. had a duty to make food "that was fit for human consumption ... and that was free of pathogenic bacteria," said the suit, which seeks unspecified damages. "The defendant breached this duty."

A telephone message left Friday with the company, based in Sea Cliff on Long Island, was not immediately returned.

The company recalled its Veggie Booty Snack Food last week after it was associated with 54 cases of salmonella poisoning in 17 states. Many of those sickened reported eating Veggie Booty.

The recall was expanded on Monday to include Super Veggie Tings Crunchy Corn Sticks Snack Food, since it uses the same seasoning. A company official said a spray-on seasoning made with imported Chinese ingredients that was used on both baked products had tested positive for bacteria.

The recall is only the latest in a growing series to involve Chinese-made products found to be tainted, defective or otherwise dangerous. In recent weeks, there have been recalls of Chinese tires, toy trains and toothpaste. The government also is blocking some Chinese farmed seafood imports because of widespread contamination by antibiotics and other drugs.

Salmonella can cause serious and sometimes fatal infections, especially in young children, frail or elderly people and others with weakened immune systems. Symptoms include fever, diarrhea, nausea, vomiting and abdominal pain.

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Robert's American Gourmet Inc. said it was recalling all lots and sizes of Super Veggie Tings Crunchy Corn Sticks Snack Food sold across the United States and Canada.  Company president and chief executive Robert Ehrlich said the recall was precautionary, since the product used the same seasoning as the Veggie Booty Snack Food recalled last week. Ehrlich said his Sea Cliff, N.Y., company is still doing testing to determine the source of any contamination. The seasoning is exclusive to the company, he added. The actual product is made under contract by an unnamed manufacturer, the company said in a release.  Super Veggie Tings Crunchy Corn Sticks are packed in a flexible, plastic foil bag in a 6-ounce size, and bears universal product code 15665-10356.

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The first lawsuit was filed this morning in Federal District Court for the Eastern District of New York, (CV07-2661), against Robert’s American Gourmet, the manufacturer of Veggie Booty, the snack food that was recalled on June 28 after public health officials identified the product as the source of a nationwide Salmonella outbreak. The lawsuit was filed on behalf of Valparaiso, Indiana, residents David and Ashlee Allen, whose 18-month-old son, Xavier, became ill with a severe Salmonella infection after eating Salmonella-contaminated Veggie Booty in May, and continues to suffer from the effects of Salmonella. The Allen family is represented by Marler Clark, the Seattle law firm that has represented thousands of victims of Salmonella and other foodborne illness outbreaks, and Underberg & Kessler, a respected Rochester, NY law firm that has worked with Marler Clark on dozens of prior Salmonella outbreak cases.

Xavier Allen consumed some of the Veggie Booty on May 20, and became ill with symptoms of Salmonella infection, including bloody diarrhea, on May 23. Xavier was treated in the emergency room on May 26, and submitted a stool sample for testing. He was released to recover at home, but received additional treatment from a health care provider multiple times in the subsequent days. Xavier’s stool sample cultured positive for Salmonella Wandsworth, and his parents were contacted by the Centers for Disease Control and Prevention (CDC), who linked his case to nearly 55 others in 17 states. At present, Xavier continues to suffer from symptoms of Salmonella infection, and is under medical supervision.

“Xavier and other small children across the country have suffered debilitating illnesses, and all their parents could do was sit and watch,” said William Marler, managing partner of Marler Clark, noting that the CDC reported nearly all outbreak-cases were children under the age of ten. “These families deserve compensation for not just medical expenses, but for all they went through – and are still going through in cases like the Allens’.”

BACKGROUND: Marler Clark (www.marlerclark.com) has represented thousands of victims of bacterial, viral, and parasitic foodborne illness since 1993. The firm has litigated high-profile E. coli and Salmonella cases against such companies as Jack in the Box, Odwalla, Malt-O-Meal, ConAgra, McDonald’s, Wendy’s, and Dole. Underberg & Kessler, together with Marler Clark, has represented victims of E. coli, Salmonella, and hepatitis A outbreaks, including 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002, 93 victims of the 2006 Dole spinach E. coli outbreak and nearly 5,000 victims of the 2007 ConAgra Salmonella outbreak. Contact: William D. Marler – (206) 794-5043 or bmarler@marlerclark.com.

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In the day before Congressional Hearings, Elizabeth Williamson of the Washington Post Staff wrote that the Food and Drug Administration has known for years about contamination problems at a Georgia peanut butter plant.  Perhaps as concerning is that ConAgra knew of the Salmonella contamination as well and continued to produce peanut butter.



It will be interesting to see what ConAgra and FDA officials have to say for themselves.  Ms. Williamson's article is below in part.

In the peanut butter case, an agency report shows that FDA inspectors checked into complaints about salmonella contamination in a ConAgra Foods factory in Georgia in 2005. But when company managers refused to provide documents the inspectors requested, the inspectors left and did not follow up.

A salmonella outbreak that began last August and was traced to the plant's Peter Pan and Great Value peanut butter brands sickened more than 400 people in 44 states. The likely cause, ConAgra said, was moisture from a roof leak and a malfunctioning sprinkler system that activated dormant salmonella. The plant has since been closed.

The 2005 report shows that FDA inspectors were looking into "an alleged episode of positive findings of salmonella in peanut butter in October of 2004 that was related to new equipment and that the firm didn't react to, . . . insects in some equipment, water leaking onto product, and inability to track some product."

During the inspection, the report says, ConAgra admitted it had destroyed some product in October 2004 but would not say why.

"They asked for some of our documentation and we made the request to them that they put it in writing due to concerns about proprietary information," ConAgra spokeswoman Stephanie Childs said last week. "We did not receive a written request, . . . they filed the report and that was that."

Until February of this year. That's when the Centers for Disease Control and Prevention notified the FDA of a spike in salmonella cases in states near the ConAgra plant. The agencies contacted the company, which initiated a recall and shut the plant for upgrades.

Brackett said that if the FDA inspector had seen anything truly dangerous the agency would have taken further action. But, he said, the agency cannot force a disclosure, a recall or a plant closure except in extreme circumstances, such as finding a hazardous batch of product.

The problem in 2005, he added, "doesn't necessarily connect to the salmonella outbreak right now. It's not unusual to have it in raw agricultural commodities."

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The CDC, Arizona and Cochise County health departments investigated a total of 59 Salmonella Oranienburg cases diagnosed in the Sierra Vista area starting last September. The CDC traced 14 cases of illness to The Palms dining and banquet facility in Sierra Vista, but could not find a source of contamination for the other 45 cases. The Palms in Sierra Vista, a well-known banquet hall that regularly hosts large groups of people or private meetings, also happens to be where 14 people became infected with salmonella. The culprit was actually the iced tea machine. The Cochise County Health Department says that they found the Salmonella Oranienburg bacteria on the outer surface.

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The CDC and state and local health departments are advising consumers who are no longer ill with a diarrheal illness after eating potentially contaminated Peter Pan or Great Value peanut butter to throw the product away; however, if you have contacted Marler Clark and we are pursuing a legal claim on your behalf, we advise you to save your jar. Keep it in a plastic bag, in a temperature-controlled place (like the refrigerator), and after we have received your paperwork in the mail, we will contact you with information about where to send your jar to have it tested for the presence of Salmonella.

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ROCHESTER, NY (February 16, 2006) – A New York family filed suit against ConAgra this afternoon in United States District Court for the Western District of New York. The lawsuit was filed by Marler Clark, the Seattle law firm that filed a similar lawsuit on behalf of a Missouri family early Friday, and Rochester, New York, attorney Paul Nunes. Plaintiffs in the lawsuit are Nicolas Avalone and Tracy Hubright of Ontario, New York.

Mr. Avalone and the couple’s son are two of at least 300 people who have become ill with Salmonella infections after eating Peter Pan or Great Value peanut butter that was produced in ConAgra’s Georgia plant. All Peter Pan and Great Value peanut butter with a lot code of 2111 was recalled on February 14, after an investigation by the Centers for Disease Control and Prevention revealed that the peanut butter was the source of a nationwide outbreak of Salmonella illnesses.

“We have bee contacted by over 500 people who experienced gastrointestinal illnesses for months, but most – like Nicholas and Tracy – never considered that peanut butter could be a source of illness until they heard about the recall,” said Bill Marler, managing partner of Marler Clark.

“We’ve worked with Paul Nunes and Underberg & Kessler on Salmonella outbreak cases in the past, and are happy to be working with Paul again,” Marler continued.

BACKGROUND: Marler Clark and Underberg & Kessler together represented 70 clients in Salmonella claims against the Brook-Lea Country Club in Rochester, New York. The firms are currently working together on cases involving E. coli and cryptosporidium outbreaks. See also www.Salmonellablog.com and www.foodborneillness.com.

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SPRINGFIELD, MO – A Salmonella lawsuit was filed Friday in United States District Court for the Western District of Missouri against ConAgra, the Omaha, Nebraska-based food company whose Georgia peanut butter plant has been traced as the source of a Salmonella outbreak that sickened hundreds. The lawsuit was filed on behalf of Buchannan County, Missouri, residents Brian and Susanna Cox and their two children. The Cox family is represented by Seattle-based Marler Clark, the Seattle law firm that has represented thousands of victims of foodborne illness outbreaks, and Springfield, Missouri-based Aleshire, Robb & Sivils.

In the lawsuit, attorneys allege that the Cox family first became ill with symptoms of Salmonella infections in October, 2006 and that both children required medical treatment. Unaware of the association between the consumption of peanut butter and their illnesses, the Cox family continued to purchase and consume Great Value brand peanut butter in the subsequent months. The Cox family first learned of a Salmonella outbreak traced to Great Value brand peanut butter on February 14, 2007, when the Food and Drug Administration announced Peter Pan and Great Value peanut butter manufactured in ConAgra’s Georgia peanut butter plant had been traced as the source of a Salmonella outbreak among nearly 300 residents of 39 states.

“I’ve handled claims on behalf of victims of nationwide Salmonella outbreaks traced to tomatoes, cereal, and unpasteurized orange juice, but never peanut butter,” said William Marler, managing partner of Marler Clark.

Marler listed his top five recommendations for individuals who may be part of the Salmonella outbreak:

1.If you or a family member are still sick, please seek medical treatment.

2.If you do seek medical treatment, please ask that a stool culture be done to try and confirm that you have been sickened by Salmonella.

3.You should contact you local health department about your concerns and to relate information about your family members’ illnesses. Please make note of your peanut butter label, the brand, and the product code found on the lid—“2111” is the implicated product. Also note when and where you purchased it. This information will help the health department’s investigation.

4.If you have any left-over peanut butter, please put the entire jar in a plastic bag and place it in a cool spot. Please let your local health department know that you have it. They may offer to test it.

5.If any family member is currently sick, please be sure to attend to careful hygiene. Frequent hand washing can help reduce the risk of spreading infection among family members.

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1. If you or a family member are still sick, please seek medical treatment.

2. If you do seek medical treatment, please ask that a stool culture be done to try and confirm that you have been sickened by salmonella. A stool culture is the only way to confirm that you have been sickened by the Salmonella bacteria.

3. You should contact you local health department about your concerns and to relate information about your family members’ illnesses. Please make note of your peanut butter label, the brand, and the product code found on the lid—“2111” is the implicated product. Also note when and where you purchased it. This information will help the health department’s investigation.

4. If you have any left over peanut butter, please put the entire jar in a plastic bag and place it in a cool spot. Please let your local health department know that you have it. They may offer to test it. If not, we will arrange to have it tested.

5. If any family member is currently sick, please be sure to attend to careful hygiene. Frequent hand washing can help reduce the risk of spreading infection among family members.

Marler Clark is pursuing claims on behalf of over 100 families who have contacted the firm in the wake of the Salmonella outbreak traced to contaminated peanut butter, and will file a Salmonella lawsuit against ConAgra foods tomorrow.  You can keep up to date on the Salmonella outbreak here at the Salmonella blog, or at the FDA Web site.

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Indiana State health officials over the last two weeks reported that the source of the recent salmonella outbreak as the Wal-Mart in Greenwood. The deli and bakery departments were identified as the source of the recent salmonella outbreak in northern Johnson and southern Marion counties.

The likely cause of the outbreak was determined to be ill workers handling food.

Currently, 84 cases of salmonella have been reported to be part of the outbreak, which began in May 2006.  Marler Clark has been contacted by over a dozen sickened individuals.  A lawsuit was filed last week on behalf of one family.
 

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A lawsuit was filed today against Wal-Mart Stores, Inc., the company whose Greenwood, Indiana, store was the source of a Salmonella outbreak between May and August, 2006.

The lawsuit was filed by Marler Clark and Greenwood attorney John M Reames on behalf of Ryan Merritt, a Greenwood resident whose son became violently ill and was hospitalized after consuming foods purchased at the Wal-Mart deli.

The attorneys allege that Mr. Merritt purchased ham and cheese from the Wal-Mart deli on August 13.  Mr. Merritt’s son, Noah, consumed the ham and cheese in the subsequent days and became ill on August 18.  Noah’s symptoms became severe, and he was admitted to the ER at St. Francis Hospital in Indianapolis. While hospitalized, Noah provided a stool sample that tested positive for Salmonella.

An Indiana State Department of Health investigation into the Salmonella outbreak led ISDH to believe that infected food workers who did not exhibit symptoms of Salmonellosis, or who were a-symptomatic carriers of the bacterium, contaminated the deli and bakery foods.

“We’ve seen this before and will see it again,” Marler continued. “Businesses who fail to enforce strict handwashing policies will continue to be the source of outbreaks, and will be held responsible for their failures through the legal system.”
 

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People who were sickened by a Mother's Day brunch at the Royal Botanical Gardens in Ontario last year will be eligible for between $500 and $50,000 compensation, after a proposed agreement was reached that will avert two class-action lawsuits.

The agreement sets out four levels of compensation based on the length of illness.

Halton health department files show 288 people ate the brunch and that agency's investigation showed about 155 could be included in the class- action. An investigation found salmonella bacteria in the roast beef served by Compton & Greenland, owned by Kate Greenland, at the Mother's Day buffet May 8, 2005.

The incident has resulted in seven charges laid by Halton's health department and a $1.1 million suit filed by the RBG. The caterer has also filed a $3- million countersuit against the RBG.

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A compensation agreement has been reached for people who fell ill after eating a catered brunch at the Royal Botanical Gardens on Mother's Day 2004. If approved by the courts on September 28th, the agreement will provide compensation of 500 dollars for mild cases, up to 50-thousand dollars for the most severe.

Approximately 155 individuals suffered salmonella poisoning as a result of the incident.

The RBG has since hired a new caterer.

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Two years after four Preston County residents were diagnosed with salmonella poisoning after eating at the Parsons Sheetz, they are, according to The Dominion Post and McClatchy-Tribune Business News, fighting the company in court.

Charles W. Graham Jr., his wife Nancy E. Graham, their daughter Sarah R. Graham, and Nancy's sister, Suzanne K. Benson, filed the suit, seeking $70,000 plus pre- and post-judgment interest, costs and attorney fees, and whatever relief the court finds appropriate.

Both Charles Graham and Benson were hospitalized and subsequently diagnosed with salmonella poisoning. Graham also had surgery to remove his gall bladder.

Kingwood attorney Paul Estep, who is representing them in their lawsuit, was cited as saying they tried to reach an agreement with Sheetz before filing suit, adding, “They promised they would attempt to settle before filing the suit, and they only offered a little more than the medical bills.”

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Four members of a family in Preston County say they got sick after eating tomatoes in sandwiches they bought at the gas station in Parsons.

The lawsuit is seeking 70 thousand dollars, but Sheetz has denied causing the family's problem. In July 2004 a salmonella outbreak made nearly 400 people sick. Sheetz has settled all but a few lawsuits from that outbreak. Wheeling-based Coronet Foods, the company that supplied the tomatoes, has since filed for banckruptcy.

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On February 6, 2006 the Cuyahoga County Board of Health was contacted by a husband and wife who had eaten at Corky and Lenny's, a restaurant located in Woodmere, Ohio. Shortly after their meal the couple became ill with salmonellosis. That same day, the CCBH learned that the Ohio Department of Health was investigating a report of another individual with Salmonella Group D who also had eaten at Corky and Lenny's.

The CCBH immediately initiated an epidemiological and environmental investigation in response to the reported illnesses. The owners of Corky and Lenny's closed the restaurant on February 10 until the reason for the outbreak could be identified.

Forty-eight confirmed cases and 64 probable cases of salmonellosis were epidemiologically linked to Corky and Lenny's from January 21, 2006 to February 18, 2006. The total includes a confirmed case, a server at the restaurant, who had multiple food exposures at the restaurant from February 18 to February 21.

During the inspection on February 7, health department investigators reviewed food preparation processes and collected various food samples for laboratory analysis. Investigators found several serious food safety errors at the restaurant. The temperature inside a reach-in cooler was 50oF and food held in the cooler was 45oF. Ohio food law requires that food be cold held at a minimum of 41oF. Investigators also found that the dishwasher was not hot enough to properly sanitize dishes. Other errors noted included improper storage of raw potentially hazardous foods and employees were observed eating and drinking while preparing food.

In additon, oil used by prep cooks to roll "raw" matzo balls had the potential to become contaminated from the shell eggs used in the "raw" matzo balls. It was common practice to save any leftover oil at room temperature for preparation of more matzo balls or to pour directly onto cooked chopped liver to keep it moist.

The oil sample tested positive for Salmonella enteriditis at the ODH.

To reduce the risk of another foodborne illness outbreak from occurring at Corky and Lenny's, the CCBH recommended that restaurant employees be properly trained in food handling procedures including disease prevention and hand washing, that the restaurant implement a comprehensive Quality Assurance program, that food preparation procedures be reviewed to identify and eliminate all sources of potential cross-contamination, and that the restaurant should stop using the matzo ball oil in cooked chopped liver.

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Sheetz Inc. has settled all but a few customer lawsuits spawned by salmonella-tainted tomatoes sold at its convenience stores two years ago.

So far, most of the money paid to Sheetz customers has come from U.S. Fire Insurance Co. The company insured Coronet Foods Inc., of Wheeling, W. Va., which sold the tomatoes to Sheetz. What remains to be seen is whether U.S. Fire will be reimbursed by Coronet's suppliers and their insurance companies. Sheetz officials and Coronet's former owner are also seeking damages for the harm done to the businesses, said Sheetz's San Diego-based attorney, Fred Gordon.

"I have uncovered zero evidence to suggest that Sheetz did anything wrong other than being a conduit for tainted tomatoes," Gordon said. "If Coronet is a conduit and Sheetz is a conduit, then you take the next step and determine who the upstream suppliers are."

Federal investigators traced the tomatoes to a Florida packing house, but said nothing was done wrong there to taint them. The feds also absolved Sheetz and Coronet.

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Sheetz Inc. has settled all but a few customer lawsuits spawned by salmonella-tainted tomatoes sold at its convenience stores two years ago. But complicated legal battles involving Sheetz, insurance companies and food suppliers must now settle this question: Who gets stuck with the multimillion-dollar tab?

So far, most of the money paid to Sheetz customers has come from U.S. Fire Insurance Co. The company insured Coronet Foods Inc., of Wheeling, W. Va., which sold the tomatoes to Sheetz. What remains to be seen is whether U.S. Fire will be reimbursed by Coronet's suppliers and their insurance companies. Sheetz officials and Coronet's former owner are also seeking damages for the harm done to the businesses.

Government investigators said at least 400 people got sick in early July 2004 from salmonella-tainted tomatoes they bought at Sheetz stores in Pennsylvania, Ohio, West Virginia and six other states. Federal investigators traced the tomatoes to a Florida packing house, but said nothing was done wrong there to taint them. The feds also absolved Sheetz and Coronet.

Sheetz and Coronet say the first link in the supply chain is Procacci Brothers, a Philadelphia-based food distributor. A Procacci spokesman did not immediately return a call for comment Friday.

Meanwhile, U.S. Fire is suing Discover Re, Sheetz's insurer, saying it should reimburse it for at least some of the customer settlements. William Marler, a food litigation veteran, said the real battle will feature large insurance companies that represent any companies linked to the tomatoes.

"When elephants dance, the grass gets trampled," Marler said. "And in this case, the grass was Sheetz and its customers."

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A woman is considering taking legal action if tests prove she contracted salmonella poisoning after eating a Cadbury's chocolate bar.

Catherine Henderson, 62, of County Antrim, North Ireland, spent five days in hospital. Her lawyers said tests found she had the same strain of the bug. In a statement, Mrs Henderson's solicitors Irwin Mitchell said she was rushed to hospital after having trouble breathing and was kept on an isolation ward for five days.

Mrs Henderson said she had eaten a Cadbury's caramel bar.

A spokesman for legal firm Irwin Mitchell, David Standard, said: "We have strong medical evidence that Mrs Henderson's illness is linked to the eating chocolate. "We are carrying out further medical test which should prove this link."

A Cadbury's spokesman said: "Whilst we continue to work with the Food Standards Agency and local authorities, no link has been found between any incident of salmonella illness and our products. Minute traces of salmonella were found in a very few of hundreds of samples tested which we believe was well below the levels that would cause illness."

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Attorneys for Pennsylvania-based Sheetz convenience stores and scores of customers sickened during a salmonella outbreak two years ago have settled more than 80 lawsuits in recent weeks and agreed to delay a filing deadline in hopes that dozens of other claims might settle.

The outbreak began on July 1, 2004 and eventually more than 400 people became ill in Pennsylvania, Ohio, West Virginia and six other states. Federal investigators traced the tomatoes to a Florida packing house. The federal investigation absolved Altoona-based Sheetz Inc. and the tomato wholesaler, Coronet Foods Inc., of Wheeling, W.Va. But under Pennsylvania's strict liability laws, both can still be sued because they sold the tomatoes.

Coronet shut down in October 2004 and filed for bankruptcy shortly after a few lawsuits were filed by other attorneys. Seattle attorney William Marler said Coronet has $11 million dollars worth of insurance that also covers Sheetz, which Marler said is more than enough to cover all the legal claims.

Sheetz's insurance company and two that insure Coronet must still determine who will pay what share of the settlements. Besides Marler's cases, Sheetz has settled 600 claims out of court, ranging from people who got ill to customers who were simply concerned about becoming sick. Most of the 600 contacted the company through a toll-free hot line.

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Saturday marks the two-year anniversary of the outbreak, which was traced to salmonella-tainted Roma tomatoes. Ordinarily, that would also represent the statute of limitations for some suits, but attorneys for Sheetz, its customers and various insurance companies have agreed to push that back to July 21.

Federal investigators traced the tomatoes to a Florida packing house, but said nothing was done wrong there to taint them. The federal investigation also absolved Altoona-based Sheetz Inc. and the tomato wholesaler, Coronet Foods Inc., of Wheeling, W.Va. But under Pennsylvania's strict liability laws, both can still be sued because they sold the tomatoes.

In Pennsylvania, most civil lawsuits must be filed within two years. Because July 1 falls on a Saturday this year, Friday would have been the last day many of those sickened could have sued. Seattle attorney William Marler represents 50 more clients whose claims he hopes to resolve during the three-week deadline extension.

Marler and Michael Cortez, Sheetz's vice president and general counsel, said the company has $11 million worth of insurance, which Marler said is more than enough to cover the legal claims.

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Scores of customers sickened during a salmonella outbreak linked to tomatoes sold in several states have settled more than 80 lawsuits in recent weeks.

Company attorneys have agreed to delay a filing deadline in hopes that dozens of other claims might settle. Sheetz has settled 600 claims out of court, ranging from people who got ill to customers who were simply concerned about becoming sick. Most people contacted the company through a toll-free hot line.

Another 100 customers represented by other attorneys have either settled cases or were still mulling lawsuits, Sheetz attorney Chris Lee said.

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Attorneys for Sheetz convenience stores and scores of customers sickened during a salmonella outbreak two years ago have settled more than 80 lawsuits in recent weeks and agreed to delay a filing deadline in hopes that dozens of other claims might settle.

Saturday marks the two-year anniversary of the outbreak, which was traced to salmonella-tainted Roma tomatoes. Ordinarily, that would also represent the statute of limitations for some suits, but attorneys for Sheetz, its customers and various insurance companies involved have agreed to push that back to July 21.

"Basically, Sheetz and we want to resolve the claims without having to file lawsuits," said Bill Marler, the Seattle attorney who represents 139 of those who were sickened. Marler and Michael Cortez, Sheetz's vice president and general counsel, said the 88 settlements in recent weeks have prompted continued settlement talks.

But Marler represents 50 more clients whose claims he hopes to resolve during the three-week deadline extension.

If the cases don't settle, "the lawsuits are the next logical step in the process," Cortez said. Nobody died in the Sheetz outbreak. Most plaintiffs were sick for several days or weeks and sought damages for everything from medical bills to ruined vacations and embarrassment; one 7-year-old boy, for example, had to wear disposable training pants and lost 10 pounds due to diarrhea.

Others reported more serious injuries, including nerve damage from intravenous tubes inserted to combat dehydration, continuing bouts with irritable bowel syndrome and arthritis, Marler said.

Coronet shut down in October 2004 and filed for bankruptcy shortly after a few lawsuits were filed by other attorneys. Marler and Cortez said Coronet has $11 million dollars worth of insurance that also covers Sheetz, which Marler said is more than enough to cover all the legal claims.

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Chocolate giant Cadbury faces the prospect of legal action and a fine for its failure to tell the authorities immediately that some of its products were contaminated with salmonella.

Yesterday thousands of customers rang the helpline set up by the firm this weekend after more than one million chocolate bars were recalled. Many customers, demanding to know why it had taken the company five months to disclose the danger, found it could take an hour to get through as the company was taken aback by the scale of the reaction.

The Food Standards Agency, which oversees food safety in Britain, has begun an investigation, and lawyers from the FSA and the two local authorities covering Cadbury's Bournville headquarters and the Herefordshire factory where the infection was found will meet this week to decide whether to prosecute.

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William Marler, the Seattle attorney who made a name for himself representing Jack in the Box customers exposed to the E. coli bacteria in undercooked hamburger, said he plans to file as many as 148 cases against Sheetz Inc. and now-defunct tomato supplier Coronet Foods Inc. concerning allegedly salmonella-infested tomatoes, reported The West Virginia Record.

The salmonella outbreak occurred in July 2004. Pennsylvania health officials determined early on in their investigation that there was no evidence of insufficient cooking or hygiene on the part of Sheetz. The CDC quickly determined the source of contamination was from Roma tomatoes that Sheetz bought from Wheeling, W. Va.-based Coronet, which got them from a Florida tomato packing house.

Highly regarded for one of the premier foodservice programs in the convenience store industry, Sheetz has been widely praised for its handling of the outbreak. Shortly after the incident occurred, the family-run chain immediately discontinued using Roma tomatoes from Coronet, and it stopped buying and processing Roma tomatoes pending its own investigation.

Coronet shut down and filed for bankruptcy in November 2004.

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Seattle-based lawyer William Marler says he plans to file 148 cases against Sheetz and Coronet Foods concerning allegedly Salmonella-infested tomatoes sold in 2004. Most are in Pennsylvania, but he says there are handfuls in West Virginia, Ohio, Virginia in Maryland.

A group of four Sheetz customers have already filed a lawsuit in Tucker Circuit Court and are set for trial in December. They are seeking a total of $70,000.

Two weeks ago, two cases were filed in Ohio Circuit Court against Sheetz and Coronet, Sheetz' tomato supplier. Though one might question why 148 cases aren't grouped into one class action claim, Marler explained that each individual's settlement differs from others' because the extent of damages incurred by each individual is different in a food-poisoning case.

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Customers Kenneth and Charlene Winters as well as Larry and Tamela Clendennin filed two separate lawsuits against Sheetz, Inc., for selling tomatoes containing salmonella bacteria. Coronet Foods, Inc., the tomato supplier, is also listed as a defendant.

Both are represented by Michael L. Solomon of Morgantown law firm Solomon and Solomon.

Both Larry Clendennin and Kenneth Winters say they ate the sandwiches that contained the tomatoes in question in July 2004. Both men's wives are suing for loss of care, comfort, companionship and consortium.

"The sandwich purchased and consumed by Plaintiff...was not reasonably safe for its intended use, thereby making Defendants strictly liable for Plaintiff's injuries and damages," both complaints say.

Both plaintiffs are seeking compensatory damages.

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Bad eggs could end up costing a Melbourne hotel more than $1 million dollars in damages, with victims of a food poisoning outbreak winning the right to compensation. More than 50 people were poisoned at the Old England Hotel at Heidelberg in Christmas 2003. Up to 150 more could join the class action for compensation.

Today in the Federal Court, Justice Neil Young said the hotel had admitted liability and the victims' damages claims would now be assessed.

"They were struck down quite heavily by the salmonella outbreak and were hospitalised and in very severe distress," said attorney Bernard Murphy. “They all receive full compensation - there's been an effective admission of liability, all of their costs will be paid and it's a terrific result for our clients and also the unidentified claimants."

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The outbreak of foodborne illness centered at Old South restaurant in Camden, South Carolina turned out to be one of the biggest in the state's history, sickening over 300 people and killing one man.

Environmental staff collected surface swabs and questioned staff and owners about food preparation. Officials returned again and collected samples of raw turkey and eggs from the lot that had been used in meals on May 19 and 22. The turkey samples were taken for testing to the FSIS laboratory in Athens, Georgia.

For their case-control study, DHEC officials initially analyzed only people who had dined at Old South on May 19. This analysis revealed that roast turkey was significantly associated with illness, thus prompting second and third studies involving diners from both May 19 and May 22. Ultimately, the combined results of all studies implicated roasted turkey and biscuits as the likely foods that caused illness.

Laboratory results from the environmental investigation further implicated the roast turkey. The raw turkey samples that had been taken for testing at the FSIS laboratory returned positive for Salmonella enteritidis.

The final circumstances implicating the turkey were discovered by Old South employees during the course of the investigation. The convection oven that employees had used to cook the contaminated turkey had malfunctioned, thus preventing the turkey from reaching a temperature sufficient to kill Salmonella. More specifically, two of the oven's three heating elements were inoperable during the outbreak exposure period, leaving only one element to warm the oven. With no device to indicate that the oven had malfunctioned, restaurant employees continued to cook the contaminated turkey to an insufficient temperature.

In addition, the oven contained no gauge, display, or device to disclose the oven's actual temperature, thus creating a variance between the operator-designated temperature and the actual oven temperature. This variance was not disclosed to the operator, thus producing false, misleading, and confusing information regarding the operation and actual internal temperature of the oven.

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The January and February 2005 Salmonella Enteritidis outbreak at Beaches Sandy Bay was extensive. The outbreak was confirmed by a joint CDC and Jamaican Ministry of Health investigation.

The investigation actually began because nineteen Wisconsin State residents had been found in February 2005, as either culture-confirmed or suspected Salmonella Enteritidis cases, with a common exposure being recent travel to Jamaica. The known number of ill totaled seventy cases in the United States, coming from twelve States.

Extensive investigation yielded two products as the likely source of the various infections from the "beachside grill" -- cheeseburgers (more specifically, the cheese) and eggs (more specifically, pooled eggs). Environmental testing at "Resorts A, B" showed that "pooling" eggs was a common, but unsafe practice. In fact, the executive chef was instructed to discontinue this practice. Once resort chefs stopped the practice of pooling eggs, the rates of guests presenting to nursing stations for diarrheal disease was reduced.

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Between early May and early June 2005 the Michigan Department of Community Health identified 11 state residents as being infected with an indistinguishable genetic strain of Salmonella Typhimurium. Eight of the cases were reported in children and five of the cases had required hospitalization.

Interviews with case patients indicated that all had consumed store brand orange juice from 1 of 2 grocery chains in Michigan in the week before becoming ill. Health investigators at the MDCH and the Michigan Department of Agriculture conducted a product trace back and learned that both store brands were made by the same processor in Florida. The company was identified as the Orchid Island Juice Company.

On July 8, 2005 the FDA issued a nationwide warning to consumers against drinking unpasteurized orange juice products distributed under a variety of brand names by Orchid Island Juice Company of Fort Pierce, Florida. As the number of reports of illness among Orchid Island Orange Juice consumers continued to rise, the company agreed to issue a recall adding frozen juice to the products of concern.

For a while Orchid Island Juice Company discontinued manufacturing unpasteurized orange juice. After restarting production, the firm's private laboratory detected Salmonella in a sample of the juice, and on September 6, 2005 the firm once again recalled all fresh unpasteurized orange juice. Fortunately, no illnesses were linked to consumption of the juice this time.

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While conducting routine surveillance, Pennsylvania Department of Health personnel noted an increase in reported Salmonella Group D infections occurring in state residents. Salmonella is a reportable disease in Pennsylvania and laboratories throughout the state are asked to submit isolates to the PDOH Public Health Laboratory for serotyping.

The number of reported Salmonella Group D cases continued to climb. Hypothesis generating interviews with case patients implicated food prepared and purchased at Sheetz convenience stores in Pennsylvania and Ohio. The association between Salmonella and Sheetz had not been seen in cases reported in previous months. Cases indicated that a variety of Sheetz menu items had been consumed in the 72 hours before symptom onset. Produce appeared to be a common ingredient of the foods consumed. In particular, many of the ill individuals said they had eaten lettuce and/or tomatoes as part of sandwiches and salads prepared at Sheetz deli counters.

The company alerted Coronet Foods, a Wheeling, West Virginia based company, that Coronet supplied produce might be contaminated with Salmonella. The FDA began working with Sheetz and Coronet Foods on a product trace back.

Preliminary data suggest that as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes were reported in five states, Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores.

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Oregon State Public Health Laboratory identified a cluster of five patients infected with Salmonella Enteritidis. The five patients were from four Oregon counties and had onsets of illness ranging from February to April, 2004. Further investigation would lead to documentation of at least 29 patients in 12 states and Canada with matching SE isolates, since at least as far back as September, 2003.

After a thorough investigation by local, state, and federal officials, the illnesses were definitively linked to raw almonds distributed by Paramount Farms. The investigation led to the recall of roughly 18 million pounds of Paramount Farms raw almonds. The five Oregon patients were interviewed. All reported consuming Kirkland Signature brand raw almonds, purchased at Costco stores, and produced and distributed by Paramount Farms.

Interviews with the subsequently identified persons with matching SE isolates further confirmed the link to Paramount Farms. In addition, an environmental investigation revealed Salmonella to be present at Paramount from three samples from two-huller-shellers that supplied Paramount during the period of interest.

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By June 22, the total number of confirmed cases reported to the Monroe County Health Department had reached 17. The Salmonella cases were linked to multiple events at the Brook-Lea Country Club.

In response to the outbreak, the Monroe County Health Department inspected the Brook-Lea kitchen and reviewed its food-handling procedures. In addition, the kitchen was closed and disinfected by a commercial company. While the kitchen remained closed, the Health Department stated that it would review the possibility of allowing the club to have limited outside catering.

By June 24, the number of cases of salmonellosis linked to the Brook-Lea Country Club had risen from 17 to 53. Results of tests done on kitchen-staff stool samples showed that eight of the about 50 kitchen staff had Salmonella infections.

Over the next three weeks the number of Salmonella cases linked to Brook-Lea soared from 57 to well over 100. It was also determined that the Salmonella associated with the outbreak was Salmonella enteritidis, a virulent strain often associated with contaminated eggs.

In early July, Brook-Lea management admitted that none of its employees had attended a six-hour voluntary course on safe food handling. The Health Department first offered the food safety course in 1997 and it was available to all foodservice operators and their employees. It was only after the Salmonella outbreak that about 30 Brook-Lea employees received training in safe food-handling practices.

Proving that lightning can strike in the same place twice, on July 30, there was a second, smaller outbreak of Salmonella illnesses at Brook-Lea, yielding six more cases. Four of the cases were Brook-Lea employees. Overall, there were now 106 confirmed cases of Salmonella food poisoning in people residing in Monroe County and the surrounding area. All of these cases were linked to the Brook-Lea Country Club.

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Two patients had contacted the Lake County Health Department independently regarding becoming ill after eating at a Chili's Grill & Bar in Vernon Hills, Illinois. This prompted the LCHD to send investigators to the restaurant to inspect it.

What they found was disturbing. The restaurant's dishwashing machine was broken and corroded; the tube that fed chlorine into the machine was plugged, preventing proper sanitization of dishes. Employees told the investigators that the machine had not worked properly for at least a week. In fact, according to the LCHD Final Report, "[e]mployees had wrapped plastic bags around the line to stop the chlorine from spraying into the air." Despite the obvious broken condition of the dishwasher, the restaurant management still had done nothing to get the machine repaired.

During their inspection, the investigators also found food not stored at proper temperatures in the cooler. And following questioning of the on-duty manager, investigators learned that three employees, plus another manager, had called in sick that day with flu symptoms.
The next day, LCHD received two new reports of individuals with Salmonella infections who had eaten at Chili's on June 26, while Chili's management reported six more ill employees.

With evidence of the outbreak-source growing increasingly clear, investigators returned to the restaurant to instruct employees on hand-washing procedures, require the use of nailbrushes, and to issue a glove-use order. This meant that no further bare-hand contact of food was to be allowed at the restaurant.

Due to the large number of ill employees, and the high potential for spread of this illness, Chili's was required to cease all operation or face suspension or revocation of its food service permit, at which time Chili's management made the decision to voluntarily close the establishment. Despite the initially voluntary closure of the restaurant, Chili's management pushed to re-open almost immediately, arguing that workers from other restaurants could safely run the operation. LCHD refused because the source of Salmonella was still not known, and it could have been in a food item still on the premises, or some other contamination at the restaurant itself.

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Salmonella enteriditis infection occurred at the Wyndham Anatole Hotel in Dallas, Texas during March and April of 2002.

According to Robert Tauxe, of the U.S. Centers for Disease Control, the Wyndham Salmonella outbreak is geographically the largest in history and the first outbreak to involve the residents of all 50 states. The outbreak was the subject of a wide-ranging eight-week long investigation by the Texas Department of Health.

At least 50 people were confirmed to have salmonella infections linked to their having consumed food at the Wyndham, while another 650 such people from all 50 states reported having symptoms consistent with this illness.

Health department investigators concluded that a hotel food-service worker who had a salmonella infection contaminated food during the preparation process. The victims of the outbreak then were infected by consuming the contaminated food. According to TDH lead epidemiologist, Kathleen Shupe-Ricksecker, "the food most commonly consumed by those who tested positive for salmonellosis was salsa, which was made in the hotel." This salsa was prepared by the infected worker on a daily basis.

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During June of 1999, both the Washington State Health Department and the Oregon Health Division independently investigated clusters of diarrheal illness attributed to Salmonella serotype muenchen infections in each state. As of July 13, 1999, 15 states and two Canadian provinces had reported 207 confirmed cases associated with this outbreak; additional 91 cases of S. muenchen infection were reported, and were still under investigation. By early July 1999, 85 persons with this illness were identified in Washington State alone.

Epidemiological investigations by the health departments linked the outbreak of this relatively rare strain of Salmonella to unpasteurized orange juice products produced by Sun Orchard, Inc., an Arizona based company. Similar strains of Salmonella were eventually detected in unopened containers of Sun Orchard juice products, and in blenders where smoothies were made. The unpasteurized orange juice was identified as freshly squeezed or fresh orange juice, and was also sold in a frozen form to restaurants and other food retailers.

Sun Orchard voluntarily announced a recall of all of its unpasteurized orange juice product. The FDA issued a nationwide warning to consumers against drinking unpasteurized orange juice products distributed under a variety of brand names by Sun Orchard, Inc. due to the continuing reports of illness related to the product.

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During the early spring of this year, an outbreak of Salmonella enteritidis infections resulted in 196 reported ill persons, 24 of which required hospitalization. The illnesses were associated with the consumption of cannolis and cassata cake from Black Forest Cakes and Pastries.

Laboratory investigation showed that 46 stool cultures tested positive for Salmonella enteritidis as did 4 leftover food samples. The report concluded that Black Forest Cakes and Pastries were the source of the Salmonella enteritidis outbreak.

How the bacteria were introduced into the bakery could not be determined. Once introduced, improper sanitation, food storage and preparation practices were the most likely causes for the dissemination of the bacteria in the facility and the subsequent outbreak of illnesses.

The "Environmental Assessment" published by the Michigan Department of Agriculture documented serious concerns about Black Forest's sanitation practices:

• Lack of sanitizing of equipment, utensils, and food contact surfaces,
• Drying surfaces and utensils with shared towels, and
• Inadequate emphasis on frequent and effective hand washing.

The assessment also found fault in Black Forest's ability to properly cool the cannoli filling as a way to reduce bacterial growth.

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On May 9, 2005, the Macomb County Health Department received reports of five recently diagnosed cases of Salmonella species in Macomb County residents. All five had sought care at area hospitals and three had been admitted for in-patient care.

Isolates obtained from culture of stool specimens obtained from case patients were sent to the Michigan Department of Community Health Public Health Laboratory where they were serotyped as Salmonella enteritidis.

The only common exposure among the five individuals was attendance at an after-concert reception held at the Macomb County Community College Performing Arts Center in Clinton Township. After-concert events had been held on two consecutive nights, April 28 and April 29, at the Arts Center. Twenty dessert items plus coffee, wine and champagne were served. The dessert items were provided by Fern Hill Golf and Country Club, Geloso's Bakery and an independent Chocolate Fountaineer. MCHD obtained a list of menu items and interviewed employees and reception attendees.

Two critical violations were noted during the May 10th investigation. The bakery dishwasher did not have a detectable level of chlorine sanitizer and raw eggs were stored above milk and ready to eat foods in the bakery walk-in refrigerator.

Although the Macomb County Health Department was unable to identify how food items served and prepared at Fern Hill had become contaminated with Salmonella, the likely vehicle for the bacteria was identified as being eclairs on the outbreak report submitted to the Centers for Disease Control and Prevention.

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According to records disclosed by Tulare County Health and Human Services, Nielsen's catering business, "Costa's Catering," which operates from Nielsen's restaurant, was the source of at least two Salmonella Typhimurium outbreaks in late July, and meals served at the restaurant itself may have caused several more illnesses.

The other known outbreak occurred at a summer science program that Costa's catered from July 25-29, 2005. On learning of illness associated with attendance at this program, health officials immediately recognized the apparent link between this outbreak and the recently discovered outbreak at the Lourenco's family reunion.

A multi-agency investigation commenced immediately after officials noticed the increased incidence of Salmonella cases with an exposure to Nielsen's or Costa's food. An inspection occurred at Nielsen's Restaurant on August 16. The conditions found were less than immaculate. Lupe Tapia, an environmental health specialist, found many code violations, both "major" and "minor." Among the violations were:

• instances of bare-handed contact
• lack of soap at handwashing sinks
• accumulation of food debris, grease from inside and outside surfaces of equipment . . . throughout the facility, especially at food prep area
• accumulation of different types of meat debris on the meat slicer
• lack of thermometer at food prep areas
• used linens stored at food prep area

Further investigation revealed other deficient practices.

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Sushi King's lunch opening was short-lived because the Arkansas Department of Health and Human Services realized two employees had not been cleared to return to work. The two workers had tested negative once, but the department requires two negative stool samples. The second sample is being tested at a Little Rock lab.

After extensive testing, the Health Department did not find any salmonella bacteria at Sushi King. There is no definite date when the lab results will be available, but the first tests were clean. When the second tests come back clean, the restaurant can be reopened.

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Sushi King owners plan to reopen today, more than two weeks after voluntarily closing when 139 people reported illness from salmonella contamination after eating there last month.

John Wei said he's basically opening a new restaurant after throwing out his food stock and "quadruple" washing and sanitizing other items.

Wei said customers will see new stickers on their take-out food when he reopens. The stickers will recommend a time frame for consumption, he said. Also, he plans to throw away sushi rice more quickly.

Food taken from the restaurant didn't test positive for salmonella, but Ann Wright, department spokeswoman for the Arkansas Health and Human Services Department said the department didn't get samples until days after people who were sickened ate at the restaurant.

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Two Bentonville families are considering legal action against a restaurant here after alleged cases of salmonella poisoning occurred within the last week.

Seattle, Washington-based attorney Drew Falkenstein with Marler Clark said two families have contacted him this week to consider filing a lawsuit against Sushi King. A doctor alerted the Arkansas Department of Health of a possible salmonella outbreak Monday, according to environmental health specialist John Wham. Cultures obtained from the doctor were later confirmed to be salmonella.

Inspectors have returned to Sushi King nearly every day this week, Wham said Friday. He expects the lab results to be back by Wednesday.

 

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A lawsuit has been filed on behalf of Jeanne Silver, a Cuyahoga County woman who became ill with Salmonella and was hospitalized for four days after eating at Corky & Lenny's on February 2. Ms. Silver is one of 16 people who were confirmed ill with Salmonella infections by the Cuyahoga County Board of Health.

Ms. Silver is represented by Marler Clark, the Seattle law firm recognized as the nation's leading law firm in foodborne illness litigation, and Mark Wintering, a leading Cleveland attorney.

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Marler Clark, the Seattle law firm nationally known for food safety advocacy and for the successful representation of victims of foodborne illness, has been contacted by victims of a Salmonella outbreak that health officials have traced to Corky and Lenny's Restaurant in Woodmere.

The Cuyahoga County Board of Health has traced 12 confirmed and 41 probable cases of Salmonellosis to the restaurant.

"Restaurant owners who fail to ensure that the food they serve is safely prepared need to be held responsible for making their customers ill," Marler continued. "Salmonella is not a pretty illness. Victims suffer intense abdominal cramping, bloody diarrhea, nausea, and vomiting. In a typical outbreak, several people have to be hospitalized."
 

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The owner of Casa Romero Restaurant in East Alton is facing another lawsuit claiming food served there last May made people sick.

Five plaintiffs have named Filemon Romero, doing business as Casa Romero Restaurant as the defendant in their suit, claiming they consumed foods such as chicken enchiladas, chips and salsa there before becoming ill. The restaurant voluntarily closed June 3, after the Health Department confirmed 28 cases of salmonella linked to Romero's, and reopened June 17.

The suit is asking for damages in excess of $50,000 for each of the five plaintiffs: Lynda K. Donohoo, Jennifer L. Dohohoo, Carrie A. Guthrie, Bruce A. Bowermaster and Lon D. Weaver.

The suit apparently is in response to an outbreak of salmonella reported by the Madison County Health Department.
 

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A lawsuit filed by 124 present and former county jail inmates claims that the prisoners who ate tacos in the prison suffered from food poisoning, reports the Galveston County Daily News.

The suit alleges that "inappropriate food handling" caused violent illness among prisoners who ate the tacos served to inmates March 23, 2004. The suit accuses jailers of "failing to properly clean and disinfect preparation surfaces and materials" and of improperly cooking the meat that went into the tacos. About 700 prisoners were in custody the day the tacos were served.

The lawsuit, which seeks an unspecified amount of damages, also names ABL Management as a defendant. ABL is the contractor that provides food for inmate meals.
 

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The family of James Arledge have filed lawsuits against Camden`s Old South Restaurant and oven manufacturer Duke Manufacturing Company in connection with an outbreak of salmonella poisoning in May.

One of the actions is a wrongful death lawsuit filed on behalf of Arledge`s widow, Carolyn Arledge, and his daughter, Teresa Lee, as personal representatives of his estate. It claims Arledge died as a result of eating turkey contaminated with salmonella at Old South. The other action is a personal injury class action lawsuit filed on behalf of Carolyn Arledge and any others who also became ill from eating the turkey.

The lawsuits allege that only one of three heating elements in a Duke ``E Series`` electric convection oven at Old South was working, leading the restaurant to undercook the turkey which allowed salmonella -- commonly present in poultry -- to survive. That turkey was served to the Arledges and dozens of others.

The lawsuits also allege, however, that Old South had no easy way of knowing the two heating elements had failed. Specifically, the lawsuit said, an indicator light on the oven may have misled Old South employees to believe the turkey had been fully cooked. Duke Manufacturing faces strict liability, negligent, breaches of implied warranty and breach of express warranty actions.

Neither lawsuit seeks a specific amount of damages, leaving those determinations up to a jury.
 

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The family of a man who died from food poisoning is taking a Camden restaurant to court. More than 300 people got salmonella poisoning after eating at the Old South Restaurant in Camden in May. The outbreak at Old South is the largest outbreak of food poisoning in South Carolina history. Health officials say undercooked turkey was to blame.

James and Carolyn Alredge were among those who got sick. Carolyn recovered, but her husband died from complications from the poisoning. Now she's suing the restaurant and Duke Manufacturing, which manufactures the oven that cooked the food.

The lawsuit filed Thursday morning claims the oven had defective heating elements and lacked a heating gauge. "There was no way for the operator to know to adjust the cooking time to make sure the food was properly cooked," says attorney Carl L. Soloman.

The suit says the outbreak could have been prevented by both the restaurant and the oven manufacturer.

Old South is still open for business.
 

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At least 57 people are on the sick list after an outbreak of salmonella in Hobart, Tasmania. The wave of food poisoning is believed to have forced dozens of Tasmanians on to workers' compensation leave while they recover.

About a dozen people at work got sick and another lot from another government function.

Raw egg has been named the likely culprit for the Hobart attacks but the State Government maintained there was no need to reveal the suspected food business at the heart of the outbreak.

A champion veterans' hockey player and active jogger Graeme Corney of Rose Bay is one of the victims who wants those who provided the bad ingredients to be made accountable. Mr Corney, 54, lost 9kg from the illness and is now so weak he can only walk a few metres. He ate sandwiches at a function for the Department of Tourism, Parks, Heritage and the Arts, where he works.

"I believe somebody should be accountable for this, it's going to affect a lot of people's lifestyle for at least a month," Mr Corney said.
 

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Margaret-Ann Reynard, 40, a former midwife in Scotland, became ill after celebrating her 35th birthday at a Chinese restaurant in East Kilbride in October 2000 where she acquired salmonella poisoning that left her disabled. Her lawyer said the salmonella triggered reactive arthritis, a condition that left her not only unable to work, but she can now hardly walk, needs regular painkillers and has a daily caregiver.

The judge broke the record $2 million award into three categories -- pain and suffering, loss of future wages and future cares costs, The Times of London reported.

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Victims of Tasmania's worst salmonella outbreak might sue the bakeries at the center of the contamination. Two people who were infected with salmonella had inquired of Burnie lawyer Chris Barlett whether they could take legal action against the Launceston bakeries.

Bartlett said they were seeking general damages for pain and suffering as well as recovering out-of-pocket and medical expenses while they were sick.

70 salmonella cases had been reported, all traced back to products from the Sugar Shack and Trevallyn bakeries. Six people needed hospital treatment. The source of the bacteria was eventually found to be piping bags at the Trevallyn Bakery.
 

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October 14, 2005

SEATTLE--(BUSINESS WIRE)--Oct. 14, 2005--William Marler, a nationally-known attorney who has represented the most seriously injured victims of E. coli in the United States, today called on Dole's corporate leaders "to do the right thing and immediately pay the medical bills and wage loss of those sickened with E. coli in the Dole lettuce outbreak. In many past outbreaks, corporations have stepped up and taken care of the customers they poisoned," said Marler.

To date, twenty-three people in Minnesota have been sickened with E. coli, eight have been hospitalized, and one child developed HUS -- all from eating bagged, "pre-washed" lettuce. According to the FDA, more that 245,000 bags of lettuce may be affected nationwide. An alert and recall has been launched.

Continue Reading...

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On October 4, 2005, the Gaston County Health Department confirmed that 39 children who attended an etiquette dinner at the City Club in Gastonia had tested positive for Salmonella.

Marler Clark has been contacted by the families of several children who became ill with Salmonellosis after eating at the City Club.

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A lawsuit has been filed against the C.L. Swanson Corporation on behalf of Kim Webb, a 39-year-old Lee County, Illinois resident who works at Rochelle Foods, Inc.

C.L. Swanson Corporation, runs the cafeteria service at the plant. The lawsuit was not filed against Rochelle Foods, Inc., a separate entity. Ms. Webb was one of twelve Rochelle Foods workers who submitted stool samples that tested positive for Salmonella during the three-week period between April 5 and April 22, 2005. Attorneys allege that Ms. Webb was served Salmonella-contaminated food at the C.L. Swanson cafeteria where she regularly ate breakfast and lunch.

Ms. Webb is represented by Marler Clark, the Seattle lawyers nationally recognized for the successful representation of victims of foodborne illness, and Rathbun, Cservenyak & Kozol, a respected Illinois law firm.

"If anybody understands the importance of food safety, you would think that it would be a company like C.L. Swanson's, whose sole function at the Rochelle Foods plant was to serve safe food to workers," said R. Drew Falkenstein, an associate with Marler Clark.
 

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A Newport Heights, Ironwood, man claims a salmonella bacteria spreading throughout the Sky View and Villa Maria nursing homes in Hurley was a "substantial factor in contributing to the illness, infection, and death" of his mother.

In filing an Iron County lawsuit on Wednesday against Lawrence, Laureen, and John Kutz, the Villa Maria Health and Rehabilitation Center, Sky View Nursing Center, and Lexington Insurance Company, Keith L. Anderson claims "the defendants failed to timely warn residents of all facilities that an outbreak of salmonella was occurring or had occurred."

According to the complaint, prior to Feb. 25, 2004, but after Feb. 6, 2004, the Villa and Sky View, delivered food to Anderson at the Sky View.

Shortly after consuming some of the food, Anderson became seriously ill because the food was contaminated with salmonella bacteria, the complaint said.

Anderson seeks "an amount to be determined by the trier of fact, recovery of expenses for last illness and burial, costs and attorneys' fees, and whatever other relief deemed equitable and just."
 

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Seattle law firm Marler Clark and Asheville, NC attorney Mark Kurdys have jointly filed a second lawsuit against Orchid Island Juice Co. of Fort Pierce, Florida.

The firm represents Barbara Jane Dooley, a 72-year-old Jackson County, North Carolina resident who became ill with Salmonellosis after consuming Orchid Island unpasteurized orange juice in June while dining at a restaurant with her husband.

In the complaint, it is alleged that Mrs. Dooley drank Orchid Island Juice and became ill with symptoms of a Salmonella infection two days later. Because of the severity of her illness, Mrs. Dooley was admitted to the hospital and remained there for seven days. Lab work conducted while Ms. Dooley was hospitalized confirmed that she was suffering from a Salmonella infection, and that she was infected with a strain of Salmonella genetically indistinguishable from that isolated from Orchid Island unpasteurized orange juice.

Denis Stearns, a partner with Marler Clark, said “It is time for the FDA to stand up to the few remaining producers of unpasteurized orange juice and either require pasteurization, or at least require restaurants to telltheir customers that they are being served a possibly unsafe product. No one should be allowed to unknowingly drink unpasteurized orange juice.”
 

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Food safety attorney William Marler today reissued calls for more stringent recall procedures for contaminated food in the aftermath of a Salmonella outbreak at a restaurant in San Francisco. According to health officials, 22 ill persons have tested positive for a strain of Salmonella matching the strain associated with raw almonds.

In May, 2004, officials at the FDA, in conjunction with state health officials from Oregon, Washington, and California, reported a link between a number of Salmonella illnesses and raw almonds processed and sold by Paramount Farms, Inc. of California. As a result, Paramount Farms recalled approximately 13 million pounds of raw almonds. Eventually at least 46 illnesses, including a death, were tied to that outbreak.

Documents acquired in litigation against Paramount Farms demonstrate that of the roughly 13 million pounds of almonds recalled, only 1,183,279 pounds were recovered by the firm. While significant amounts of the recalled almonds were likely consumed before the recall, it remains likely that the most recent outbreak can be traced back to the prior problem.
 

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A woman who says she became ill after drinking orange juice tainted with salmonella is suing the Florida producer, claiming it was negligent in selling an unpasteurized product in West Virginia, Michigan and elsewhere.

Heather Dowdy of Caldwell filed the lawsuit against Orchid Island Juice Co. of Fort Pierce, Fla., late Thursday in U.S. District Court. Her lawyer, Seattle food illness specialist Bill Marler, said it may be the first of several cases.

15 cases of illness between mid-May and June have been linked to consumption of Orchid Island Juice in Michigan, Ohio and Massachusetts. At least 16 other states have reported cases of salmonella that match the strain, but the FDA said it still was investigating to see if they were related to Orchid Island.

Orchid Island Juice has said it's cooperating with investigators in identifying the source of the contamination. On July 8, Orchid Island Juice announced a recall of unpasteurized orange juice products it said may have been contaminated with salmonella. Last week, it expanded the list of brands.
 

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A salmonella lawsuit has been filed against Orchid Island Juice Company of Fort Pierce, Florida. The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming Orchid Island unpasteurized orange juice.

Ms. Dowdy is represented by Marler Clark, the Seattle law firm nationally recognized for the successful representation of victims of foodborne illness and David Delk, a respected Wheeling, West Virginia, lawyer.

"After the Odwalla and Sun Orchard outbreaks in 1996 and 1999, I would have thought that a juice producer would have more sense than to sell unpasteurized juice and risk facing me in a courtroom after they had poisoned their customers," said William Marler, managing partner of Marler Clark. "But I guess the lesson has not been learned by all."

In the lawsuit, which is based on the Federal Food, Drug, and Cosmetic Act, Marler alleges that "Orchid Island had a duty to use supplies and raw materials . . . free from adulteration and fit for human consumption, but failed to do so."

Marler continued, "If Orchid Island had only pasteurized their juice, this outbreak would not have occurred. Heather Dowdy went through a terrible ordeal. She and other victims did not deserve this."
 

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Lawyers may begin trying to hammer out financial settlements for hundreds of people who were sickened by a batch of salmonella-tainted tomatoes last summer.

Seattle attorney Bill Marler, who specializes in food-related illness, said that if a judge approves, he will begin talks with attorneys for the Altoona, Pennsylvania-based Sheetz convenience store chain and its former supplier, the now bankrupt Coronet Foods Inc. of Wheeling, West Virginia.

Marler represents 98 of the more than 400 people who were sickened in Pennsylvania, Ohio, West Virginia and six other states after eating Roma tomatoes served at Sheetz stores last year. The Centers for Disease Control and Prevention traced the produce to a Florida packing house where no trace of the bacteria was found.

Food inspectors also said Coronet and Sheetz did nothing wrong, but they can be held liable because they supplied and prepared the tomatoes for human consumption.

Marler said claims in the current case range from $30,000 to $800,000, depending on the severity of the victims' illness, whether they were hospitalized and whether they have continuing health problems.
 

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A judge has given attorneys representing 92 victims of a 2004 salmonella outbreak in West Virginia and eight other states the green light to proceed with their claims against Pennsylvania-based Sheetz and the now-defunct Coronet Foods.

The plaintiffs are among more than 400 people sickened when they ate sandwiches prepared with sliced Roma tomatoes contaminated by salmonella bacteria. Although the salmonella was not traced directly to either company, by law both can be held strictly liable - Coronet because it supplied the tainted tomatoes and Sheetz because it sold sandwiches with those tomatoes to the plaintiffs.

Coronet, which had been headquartered in Wheeling, filed bankruptcy in the months following the outbreak, forcing an automatic stay in the Pennsylvania lawsuit as well as other potential litigation.
 

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A $5 million lawsuit has been filed against Camden-based Old South restaurant, blamed for one of the largest outbreaks of food-borne illness in South Carolina.

State health officials said undercooked turkey likely caused the salmonella outbreak. One person died and more than 300 became ill. The lawsuit filed last week said the restaurant was negligent in failing to store and inspect its food, maintain proper procedures and safeguards, and train and supervise its employees.

Eight customers are named in the suit.
 

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Three Pee Dee residents who claim they became ill from food they ate at a Camden buffet restaurant are among a group of nine people who have filed a class-action lawsuit against the restaurant.

According to the lawsuit filed this week in the Kershaw County Clerk of Court's Office, Lamont Jones and Jalin Jones of Florence, Vera Strickland of Darlington and six other plaintiffs from Columbia, Charleston and Charlotte, N.C., are members of a putative class of 300 or more customers of Old South Restaurant who think they developed salmonella or food poisoning as a result of eating at the restaurant on or about the days of May 20-23.

The S.C. Department of Health and Environmental Control reported 304 confirmed and suspected cases, including 56 hospital admissions and one death, among people who ate at the Old South restaurant in Camden, between May 19 and May 22. The episode has been called the largest foodborne illness outbreak in recent state history. DHEC officials attributed the outbreak to turkey served at the restaurant.

In addition to negligence, the lawsuit also alleges breach of warranty.

The plaintiffs are seeking a joint settlement not to exceed $5 million plus court costs and attorney fees.

 

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Bankrupt Coronet Foods is now facing a lawsuit by 92 people from several states. A judge has ruled the people who claim they got sick after eating tainted roma tomatoes could sue Sheetz, the store that sold them, and the company that supplied them, Wheeling based Coronet Foods.

Coronet laid off their entire workforce after the salmonella outbreak when more than 400 people got sick. The judges ruling says they are responsible for those who got sick. The attorney representing those who say they got salmonella says he would like to settle the dispute outside of court through mediation.

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A Hurley woman has filed a lawsuit against Villa Maria Health and Rehabilitation Center, claiming that she contracted a salmonella infection from food served by the center last year.

Helen Kolson, a resident of Villa Vista at the time, alleges in the suit that she was asked by Villa officials to sample food that been prepared there in order to provide a testimonial to other residents of her apartment building. The complaint alleges she "became seriously ill due to the fact that the meal contained salmonella and-or salmonella enteritidis." Kolson alleges the Villa was negligent in the improper selection, handling, preparation, use, storage, maintenance and delivery of the complimentary meal.

Villa officials said the matter was investigated by the health department and the Villa was found to be in compliance in its food preparation process. The incident was investigated by the Bureau of Quality Assurance of Rhinelander, Wis., said Iron County Health Department Director Noreen Gilbertson. She noted the health department does frequent inspections at the Villa.

A similar case was filed by Ellen Czerneski on Feb. 14. Czerneski resides in the same Taconite Street apartment structure as Kolson.
 

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A Seattle lawyer said he no longer plans a lawsuit against the Sheetz convenience store chain over 80 people who said they were sickened by salmonella-tainted tomatoes.

But attorney Bill Marler, who specializes in food-poisoning cases, is still planning to sue Coronet Foods. The bankrupt Wheeling, West Virginia company supplied tomatoes to Sheetz. A bankruptcy judge has signed an order allowing Coronet to be sued.

More than 400 people were sickened last year in Pennsylvania and eight other states after eating tomatoes served at Sheetz stores. Nobody died from the outbreak.

Marler has said most claims will be for less than $100,000 to cover medical bills, lost wages and pain and suffering.
 

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Seattle food-illness attorney Bill Marler has advised plaintiffs' attorneys to bargain directly with the Sheetz convenience store chain and Coronet Foods Inc., the bankrupt Wheeling, W.Virginia company that sold salmonella-contaminated Roma tomatoes to Sheetz.

A similar system was used when Chi-Chi's restaurant was sued by customers sickened in a 2003 hepatitis A outbreak at a western Pennsylvania restaurant. The restaurant chain settled 340 of 350 claims for more than $21 million, said Marler, who also represents scores of Chi-Chi's plaintiffs. Hundreds of smaller claims for out-of-pocket medical expenses were also settled without litigation.

Altoona-based Sheetz said it supports mediation.

Food inspectors also said Coronet and Sheetz did nothing wrong, but under the law they can be held liable because they supplied and prepared the tomatoes for human consumption. Nobody died in the Sheetz outbreak. Marler said most claims will be for less than $100,000 to cover medical bills, lost wages and pain and suffering.
 

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Attorneys for more than 80 people who claim they were sickened by tomatoes served at Sheetz convenience stores in Virginia and other states last year want a bankruptcy judge to O-K a plan to mediate pending lawsuits.

Seattle food-illness attorney Bill Marler has asked a federal judge in West Virginia to allow plaintiffs' attorneys to bargain with those representing Sheetz and Coronet Foods. Coronet is the now-bankrupt company from Wheeling that sold the salmonella-tained tomatoes to Sheetz.

Any settlements of less than 50-thousand dollars would be paid outright; larger settlements would need court approval.

More than 400 people were sickened in nine states -- including Virginia -- in the outbreak at the Pennsylvania-based chain of convenience stores. The CDC traced the tainted tomatoes to a Florida packing house which it has not identified.
 

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Marler Clark, the Seattle foodborne illness law firm, and Martinez & Potter, a respected Los Angeles law firm, have filed a lawsuit on behalf of seven people who became ill with salmonella infections after eating Paramount Farms raw almonds.

Paramount Farms recalled roughly eighteen million pounds of almonds after the CDC traced the salmonella illnesses of 29 people in twelve states and Canada to consumption of Paramount's raw almonds between September 2003 and May 2004.

The plaintiffs are residents of California, Washington, and Arizona. Marler Clark previously filed Salmonella lawsuits against Paramount Farms on behalf of a Kennewick, Washington family and a Renton, Washington, man who suffered from reactive arthritis, a complication of salmonella infection.
 

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Pennsylvania: Sheetz Salmonella Litigation

In the summer of 2004, more than 400 in Pennsylvania and four other Eastern states suffered salmonella poisoning that was traced to contaminated Roma tomatoes in sandwiches sold at Sheetz convenience stores. Marler Clark represents more than 80 of the victims.

The tomatoes are believed to have been grown in Florida and distributed by Coronet Foods of Wheeling, West Virginia. Investigators suspect that the pre-sliced tomatoes contained up to four different bacterial strains of salmonella. The Wheeling plant, which supplied bagged salads, vegetables and fruits to about 20 states, was subsequently closed.

California: Paramount Farms Almonds Salmonella Outbreak Litigation

Hundreds of consumers across the country may have been sickened in early 2004 by salmonella linked to almonds packaged by Paramount Farms in California and sold by Costco warehouses and other stores.

Marler Clark represents many of those customers, including a mother and two young children in Kennewick, Washington, who became ill after eating the raw almonds packaged by Paramount.

The company recalled 13 million pounds of its packaged almonds after health officials reported 25 cases of Salmonella poisoning traced to the product. Paramount had not pasteurized its raw almonds, but began using a gas pasteurizing process following the outbreak.

Health officials believe far more people have fallen ill, but that their illnesses were not linked officially to the almonds.

Georgia: Golden Corral Salmonella Outbreak

A four-year-old girl and her grandmother were among at least 23 people stricken with salmonella poisoning traced by state health authorities to the Golden Corral buffet restaurant in the Atlanta suburb of Kennesaw, Georgia.

Marler Clark represents several of the victims of the outbreak, which was probably caused by an infected food handler in the summer of 2003. The restaurant was closed for several days while health inspectors searched for the source. Salmonella bacteria was found in the floor drain.

Colorado: Seasons at the Pond Salmonella litigation

More than 50 guests and employees were sickened with Salmonella Newport poisoning during an outbreak at the Seasons at the Pond restaurant in Steamboat Springs, Colorado, in December of 2002. Marler Clark represents a 43-year-old mother who had eaten lunch with friends at the restaurant, and suffered more than a week of nausea, cramping, dry heaves and weakness..

Health authorities belief the poisoning originated with a fruit salad served as a side dish or breakfast entrÈe. Of the 50 victims, nine were restaurant employees, and three were hospitalized.

Illinois: Chili's Salmonella Litigation

Nearly 50 people represented by Marler Clark received substantial settlements after contracting salmonella poisoning at Chili's Grill and Bar in the Chicago suburb of Vernon Hills, north of Chicago, Illinois.

More than 300 patrons and restaurant employees suffered stomach pains and other symptoms after eating at the restaurant in late June of 2003. Health authorities reported that the restaurant continued to operate even after a dishwashing sanitizer broke down and the kitchen lost its fresh water supply.

County officials called it the worst salmonella outbreak in nearly 20 years. Among those sickened were 29 restaurant workers, and authorities blamed the outbreak on poor sanitation, including the lack of safe water for hand-washing.

Washington and Oregon: Harmony Farms Salmonella Litigation

Alfalfa sprouts produced by Harmony Farms, of Auburn, Washington, were blamed for back-to-back outbreaks of Salmonella poisoning that sickened at least 16 people in Oregon and Washington in 2003. Marler Clark represents a 20-year-old Oregon man who contracted the illness from a cafÈ sandwich that included contaminated sprouts.

As a result, state health authorities ordered a recall of the alfalfa sprouts, which had been distributed to wholesalers, stores and restaurants throughout the West Coast. Even after Harmony Farms changed its procedures, there was a second outbreak later in the year that sickened more people and led to another state recall.

Washington: Quality Inn Salmonella litigation

Marler Clark represents a Clarkston, Washington, man who was one of 58 people infected with Salmonella Enteritidis at a company banquet at the Clarkston Quality Inn in March, 2003. The victim suffered extreme diarrhea, stomach cramps, high fever and vomiting in the days following the banquet, which also affected at least 25 of his fellow employees. His illness led to arthritis which left him unable to work and he was eventually terminated by the company.

Health officials concluded that the most likely source of the contamination was undercooked eggs used to make "fried ice cream." The incidence of Salmonella is believed to be increasing in the U.S.

Colorado: KFC Salmonella litigation

Marler Clark represents the family of two small children who contracted Salmonella from "popcorn chicken" at a Colorado KFC restaurant in January of 2002.

Health authorities identified two areas in the restaurant kitchen where cross-contamination could have occurred.

New York: Brook-Lea Country Club salmonella litigation

Marler Clark represented 70 people sickened in the summer of 2002 by salmonella poisoning traced to the restaurant at the Brook-Lea Country Club in suburban Rochester, NY.

Nearly 100 people fell ill in the initial outbreak, which was followed by a second outbreak a few weeks later. For a time, the country club board of governors attributed the outbreaks to "deliberate contamination of food."

The specific cause was not identified, but the Brook-Lea restaurant was closed for some time.

Oregon-Washington: Cantaloupe Salmonella Litigation

Marler Clark represents an 84-year-old Goldendale, WA, man who spent 18 days in hospital in 2002 after being poisoned by Salmonella in a cantaloupe grown in Mexico and distributed by Kunick Company of Texas.

The Salmonella outbreak sickened dozens of people in Western states and led to the recall of more than a quarter million cantaloupes. The melons were sold by Safeway and other stores and restaurants.

Cantaloupes have been increasingly associated with Salmonella outbreaks affecting consumers across the country. A 2001, a similar outbreak sickened people in 14 states from California and Washington to New York and Georgia.

North Carolina: Western Sizzlin' Salmonella

Marler Clark represented 35 clients poisoned in April 2002 by salmonella at a Western Sizzlin' restaurant in Spruce Pine, Mitchell County, near Asheville, NC.

Multi-State Outbreak: Malt-O-Meal Salmonella Litigation

Marler Clark filed lawsuits on behalf of the families of two young Washington state children who reportedly became sick after eating contaminated cereal have filed a lawsuit against the cereal maker. The lawsuit against Malt-O-Meal Inc. of Minneapolis was in King County Superior Court by the parents of 2-year-old Amelie Hinson and 17-month-old Kevin Keogh. The lawsuit says the children became seriously ill with fever, stomach cramps and diarrhea in late May and early June after eating toasted oats breakfast cereal made by Malt-O-Meal.

Multistate Outbreak: Sun Orchard Salmonella Litigation

Marler Clark, a Seattle law firm with a long track record of successful lawsuits against food companies, filed a class action lawsuit on behalf of all persons sickened and injured by unpasteurized orange juice contaminated with a rare strain of the Salmonella bacteria, Salmonella muenchen. The contaminated juice was linked to the illness of hundreds and the death of Henry Knam.

Kansas: San Antonio Taco Salmonella Litigation

Marler Clark sued San Antonio Taco Co. on behalf of a Kansas family over problems they experienced after eating salmonella-infected food at the restaurant near Vanderbilt University last August. The Metro Health Department received calls from more than 200 people who said they had symptoms of food poisoning after eating at the popular restaurant Aug. 5-7. Health officials subsequently confirmed that 11 of those people were infected with salmonella, but officials said they could not pinpoint the exact cause of the outbreak. The restaurant's management closed it voluntarily for an extensive cleaning on Aug. 12-13.

Virginia: Linh's Bakery Salmonella Litigation

Marler Clark filed the suit in Henrico County Circuit Court on behalf of a Palmyra family who got sick after eating food bought at Linh's Bakery and Deli in the West End. As many as 250 people reported getting sick in the outbreak that happened around the weekend of April 7 and that health official's blame on salmonella contamination from a sandwich spread made with raw eggs.

California: Shipley Sales Salmonella Litigation

Marler Clark filed suits against Shipley Sales on behalf of 78-year old Florence Dodds and fifteen month old Nathan Eget. On May 25, 2001 the FDA issued a press release warning consumers about Viva Brand imported cantaloupe. The FDA advised consumers of an outbreak of salmonella poona linked to cantaloupe imported to the U.S. by Shipley Sales Service of Nogales, Arizona. The outbreak was implicated in numerous illnesses and one death in Arizona, California, Connecticut, Georgia, Hawaii, Massachusetts, Minnesota, Missouri, New Mexico, Nevada, New York, Oregon, Tennessee and Washington State. The FDA detained all cantaloupe imported by Shipley Sales Service and took steps to prevent the importation of any additional contaminated cantaloupe.

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Food makers and foodservice providers are facing increasing risks of litigation from consumers. The risk grows with the parallel rise of foodborne pathogens, such as salmonella, in the food chain.

Carried in eggs, poultry, raw milk and chocolate the salmonella bacteria is a major problem in most countries across the globe, leading to hefty costs for the public and private sector. Recent estimates from the US put total annual costs of the pathogen at a massive $2.3 billion. In industrialized countries, the percentage of people suffering from foodborne diseases each year has been reported to be up to 30 per cent.

Last year the UK's Food Standards Agency and the Health Protection Agency announced plans to clamp down on salmonella. Their investigations revealed that, since 2002, the country had experienced more than 80 outbreaks of Salmonella enteritidis, with 2000 confirmed and an estimated 6000 potential cases. Many of which were linked to Spanish eggs used in the catering trade.

The UK is still recovering from wide outbreaks of this foodborne pathogen in the 1980s that knocked the local egg industry. Figures now show that the number of cases in England and Wales have nearly halved since this time, dropping from 16,047 cases in 1998 to 9757 cases in 2003, mainly due to industry control programs, including the vaccination of chicken flocks.

Advice from the FSA to the food industry includes ensuring that the eggs are commercially heat-treated and caterers should use pasteurised egg in raw or lightly cooked products. "All products made with Spanish eggs should be thoroughly cooked," warned the government agency.

Sweden is the country with the lowest occurrence of salmonella in the world, whose methods have aroused considerable interest from US and European food production lines. The Swedish method attempts to make 'a polluted product clean'. The control points are moved backwards in the production chain, including the egg production site, as well as strong focus on hygiene related matters.
 

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Margaret-Ann Reynard, 39, is suing Exquisite Quisine after eating at one of its restaurants in East Kilbride with her fiance in 2000. The former midwife is seeking one million pounds in compensation after claiming a Chinese meal at the restaurant gave her salmonella poisoning and triggered arthritis.

Her counsel, Maria Maguire QC, told the Court of Session the firm had admitted liability for the salmonella case.

Exquisite Cuisine maintains she had pre-existing health problems which affected her ability to work. It claims the sum sought is excessive.
 

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Payroll checks caught up in the company's bankruptcy hearings will finally be released early next week to former employees of the company.

Coronet CEO Ernie Pascua said even more help could be on the way. Currently, the company is in talks with a nationally known company regarding a buyout. Pascua also said Coronet filed a motion to release the employees' 401k money last week. There is no word on any progress regarding this motion.

On Oct. 29, Coronet Foods Inc. filed for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court for the Northern District of West Virginia. The filing came just a week after the company closed its Fulton processing plant.

At the time of the closure, company officials cited a sudden reduction in volume, which Coronet reportedly experienced following a salmonella incident in July 2004 involving Sheetz convenience stores. The company and its products were cleared of responsibility by the FDA; however, company officials said adverse publicity surrounding the incident resulted in a loss of sales, making it impossible for the company to continue to operate.
 

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Dozens of diners who got salmonella poisoning after eating at a Melbourne pizza restaurant today won compensation payments in the Federal Court.

Sofia's pizza restaurant on Burke Road in Camberwell has agreed to pay out a total of $200,000 in damages to 62 adults and 14 children who fell ill after eating there in December 2003 and January 2004. The DHS found 90 people had become ill after eating at Sofia's.

A Department of Human Services investigation found chicken was not being cooked thoroughly enough and that there had been cross-contamination with undercooked chicken and other foods.

But lawyers have warned the payout could be the last of its kind with state and federal law reforms all but wiping out people's ability to seek compensation for food poisoning.
 

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Seattle lawfirm Marler Clark has announced the settlement of two salmonella cases stemming from the May 2001 salmonella outbreak tied to contaminated cantaloupe.

The FDA advised consumers of an outbreak of salmonella poona linked to cantaloupe imported to the U.S. by Shipley Sales Service of Nogales, Arizona. The FDA detained all cantaloupe imported by Shipley Sales Service and took steps to prevent the importation of any additional contaminated cantaloupe.

The cases settled were for the wrongful death case of 78-year old Florence Dodds and the personal injury case of fifteen month old Nathan Eget.
 

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Marler Clark, a Seattle law firm with a long track record of successful lawsuits against food companies, has filed a nationwide class action lawsuit on behalf of all persons sickened and injured by unpasteurized orange juice contaminated with a rare strain of the salmonella bacteria. The contaminated juice was manufactured by Sun Orchard, which is based in Tempe, Arizona.

Marler Clark has been contacted by over 30 persons in several states with possible claims against Sun Orchard. At least three people have been injured seriously enough to require hospitalization. In Washington State alone, there are 14 confirmed cases, and 25 suspected cases, of people becoming ill after drinking Sun Orchard's contaminated juice.

The State Department of Public Health is also reported to be running tests on at least two dozen more people suspected of getting ill from the Sun Orchard juice sold at World Wrapps restaurants. It is also reported that scientists found salmonella in unopened containers of Sun Orchard orange juice, confirming it as the source of the outbreak.
 

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A grandmother is suing a Kennesaw restaurant, claiming she and her 4-year-old granddaughter were sickened after eating lunch there last month. The lawsuit was filed the same day the popular establishment reopened after a salmonella food poisoning outbreak.

Bonnie Bartley and Allison B. Luster, 4, of Marietta, claimed they both became extremely ill after eating lunch at the Golden Corral on Barrett Parkway, according to the lawsuit. The lawsuit demands that the restaurant compensate the plaintiffs for medical bills, attorney fees and any other fees the court may deem appropriate.

The establishment is one of a dozen Golden Corrals in the metro area owned by Charles Winston. He voluntarily closed the restaurant Sept. 9 while state health officials scrutinized it for a source of contamination. Equipment and surfaces were once again thoroughly scrubbed and sanitized.

Other patrons of the restaurant who claim they were sickened at the Golden Corral are considering litigation, said William Marler, a Seattle attorney. He is being assisted by William Lanham with the downtown Atlanta firm Johnson and Ward.
 

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A Seattle personal injury law firm that specializes in food-borne illnesses has been retained by four victims of a June outbreak of salmonellosis at a Gates country club.

The people - three from a Rochester family and one man from Florida - have retained Marler Clark, the firm that in 1993 won a $15.6 million settlement in a fatal E. coli food poisoning case traced to Jack in the Box, a West Coast fast-food chain.

All four - who attended the same party on June 9 at Brook-Lea Country Club - have culture-confirmed cases of the bacterial illness.

The Monroe County Health Department has confirmed 55 other cases so far - not all of them linked to the Pixley Road country club. At Brook-Lea, the kitchen facilities - closed since June 18 - will remain closed until the health investigation is complete.
 

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A woman from Ligonier, Pennsylvania became the first in Westmoreland County to sue the Sheetz convenience store chain over an outbreak of salmonella bacteria this summer.

Amanda G. Moore says she got sick after eating a chicken salad sandwich she bought at the chain's Irwin store on Route 30. Moore says she was hospitalized and sick for about a week.

Sheetz officials say they've been working with those who have already sued the Altoona-based chain, and have settled some lawsuits already. They didn't specify how many suits have been filed or settled.

More than 400 people in nine states, including nearly 300 in Pennsylvania, who ate Roma tomatoes on sandwiches at the stores got sick. Coronet Foods of West Virginia, which cut and packaged the tomatoes, shut down in October due to concerns over the outbreak.

Moore sued Sheetz, Coronet and two produce wholesalers who allegedly sold the tomatoes.
 

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A Ligonier Township woman has filed the first Westmoreland County lawsuit in connection with salmonella poisonings last summer at area Sheetz stores, reports the Tribune-Review.

Amanda G. Moore, of Oakview Drive, contended in court documents filed last week that she contracted food poisoning from a chicken salad sandwich she purchased July 8 at the Sheetz store along Route 30 in Irwin.

Moore said she became sick a day after eating the sandwich and required hospitalization. It took about a week for her symptoms to subside, according to the 12-count complaint.

There were more than 400 confirmed cases of salmonella poisonings attributed to food purchased at Sheetz stores in nine states last summer. Investigators determined that Roma tomatoes likely were the cause of the illnesses.

In her lawsuit, Moore claimed that Sheetz, along with defendants Coronet Foods, of West Virginia; Consumer Produce Co. Inc., of Pittsburgh; and Procacci Brothers Sales Corp., of Philadelphia; were negligent and liable for her illness. She is seeking an unspecified amount in damages from each of the defendants.
 

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A group of 67 county jail inmates have filed a lawsuit against the county claiming negligence in an outbreak of illness that followed the 2002 Thanksgiving meal in the jail. More than a third of the 719 inmates in jail on Nov. 28, 2002, reported symptoms of illness after that day's dinner.

An investigation by county and state officials tagged salmonella as the likely cause of the outbreak, reports the Daily News.

The lawsuit charges that jail officials knew of the unsafe condition beforehand, but did nothing to stop it.

The jail falls under the purview of the sheriff's office. Sheriff Gean Leonard said he could not comment on the particulars of the lawsuit because he had not seen it, but said deputies would never knowingly expose inmates to danger.
 

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Coronet Foods Inc. filed for Chapter 11 bankruptcy protection one week after closing its Fulton facility. The bankruptcy filing came in the wake of the processing plant's closure on Oct. 22. According to the court filing, Coronet has until Dec. 7 to file its list of creditors and its financial statement with the court. The company has a deadline of March 1 to file its plan of reorganization.

At the time of the closing, company officials cited a sudden reduction in volume, which Coronet reportedly experienced following a salmonella incident in July involving Sheetz convenience stores. The incident involving Sheetz reportedly sickened people in Ohio, West Virginia, Pennsylvania and Maryland, where customers reportedly had ingested salmonella bacteria in Roma tomatoes from sandwiches sold at the store.
 
In the wake of the incident Coronet Foods, which supplied the tomatoes to Sheetz, was investigated by the U.S. Food and Drug Administration to determine whether it was the source of the outbreak. Following the investigation, Coronet Foods and its products were cleared of responsibility by the FDA. However, company officials said that adverse publicity surrounding the incident resulted in a loss of sales making it impossible for the company to continue to operate.
 
The closure of the processing plant put more than 200 people out of work as the Fulton-based facility was a major employer in the Ohio Valley for nearly 40 years. Additionally, company officials sold the western division of Coronet about four to six weeks prior to the closure of the Wheeling processing plant.
 
The future of Coronet Foods and possible next steps in the bankruptcy proceedings remain unclear.

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Blaming adverse publicity from a salmonella outbreak this past summer that sickened more than 400 people, Coronet Foods said it was ceasing operations today at its plant in Wheeling, W.Va., leaving 220 workers without jobs.

The plant, which supplied bagged salads, vegetables and fruits to customers in about 20 states in New England, the Midwest and the mid-Atlantic region, informed its workers at the close of business yesterday.

Coronet distributed sliced Roma tomatoes used in sandwiches sold at Sheetz convenience stores. About 330 Pennsylvanians who ate the sandwiches got sick with salmonella, and the outbreak is believed to have sickened another 80 people in nearby states.

Coronet Foods, which has operated in Wheeling for nearly 40 years, was unable to find buyers or partners that would allow the business to continue.

Marler's Seattle-based firm has filed three lawsuits as a result of the outbreak, all targeting Coronet. He said the company's decision to go out of business would not affect the lawsuits.

"Coronet has enough insurance to resolve all the claims," he said. "We're hopeful we can eventually get through this, either by litigation or settlement."
 

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While it may not be as dramatic as flying jetliners into buildings, or taking over a school, bioterrorism has the potential to kill far more people, WSU officials said.

The WSU College of Veterinary Medicine is on the front lines of the war on terrorism, part of a nationwide early warning system to detect if bioterrorists have struck the United States.

Last February, President Bush ordered the federal government to develop new procedures to protect the nation's food supply from terror attack. He called for creation of systems to contain any outbreaks of plant or animal disease that result from terror attack, and to prevent or cure the diseases themselves.

It is vets who must fight those threats.

If terrorists try to contaminate cattle, poultry or other farm animals, Dr. Terry McElwain, director of the Washington Animal Disease Diagnostic Lab, would be among the first to know.

The lab, created in 1974, can quickly perform tests on thousands of samples. After the terrorist attack on Sept. 11, the WSU lab became one of 12 in a national network responsible for spotting exotic disease outbreaks in animals. Veterinarians have extensive training in comparative medicine, diagnoses of exotic and emerging diseases, and diseases that affect both humans and animals, she noted. They are also trained to recognize symptoms of disease agents that would rank high among the options for terrorists.
 

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Cindy Horney is one of seven people who filed suit against Golden Corral restaurants after becoming ill from salmonella poisoning last year.

The Georgia Division of Public Health a year ago today announced that from early June through late August 2003, a total of 23 people were infected with the bacteria salmonella berta. Of those 23 confirmed cases, 18 had links to the Golden Corral.

Horney and the six others are represented by Bill Marler, a Seattle-based attorney who specializes in food contamination personal injury cases, and William Lanham of the Atlanta firm Johnson & Ward. The two attorneys, who would not say how much they're seeking for the plaintiffs, represented several Georgia families who sued White Water park after an E. coli outbreak in 1998.

The restaurant was closed for several days in September 2003 while state health officials searched for a source of contamination. Equipment and surfaces were thoroughly scrubbed and sanitized. Bacteria later were found in a floor drain. Health officials said the bacteria may have been on a piece of equipment that was washed during the recent extensive cleaning, and that water ended up flowing into the floor drain.

In health inspections in the two years before the incident, the restaurant received scores of 98 and higher. In its last inspection in May, the restaurant received a perfect score of 100.
 

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A Seattle law firm announced a settlement has been reached between 49 victims of the salmonella outbreak traced to the former Chili's Bar and Grill in Vernon Hills and Brinker International, owner of the franchise.

The settlement included awards to victims from Antioch, Buffalo Grove, Gurnee, Lake Bluff, Lake Villa, Lake Forest, Lake Zurich, Libertyville, Lincolnshire, Mundelein and Vernon Hills.

Marlene Hunt reported that Marler Clark, a firm specializing in the representation of food poisoning victims, filed individual lawsuits and a class action lawsuit in federal court in Chicago during 2003 that sought punitive damages on behalf of all outbreak victims. The settlement was worked out before the trial was scheduled to start. Due to confidentiality agreements, the amount of the settlement has not been revealed.

Marler Clark partner Denis Stearns said the firm was “far along in the process of preparing these cases for trial when settlement discussions finally seemed to turn serious.” "We believed strongly in our case and the importance of the point we were trying to make about food safety and corporate responsibility. This was a case we really wanted to take to trial. But when finally faced with the chance to not only fully compensate our clients, but to do so in a way that showed the clients that, 'We really did send a message with this one' -- that was something we had to recommend accepting."
 

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Marler Clark has settled the claims of 49 individuals who were infected with salmonella after eating at the Vernon Hills Chili's Grill & Bar in late June and early July of 2003.

These lawsuits, along with a class action lawsuit that sought punitive damages on behalf of all outbreak victims, will be dismissed as part of the settlement. The amount of the settlement is confidential.



"We were far along in the process of preparing these cases for trial when settlement discussions finally seemed to turn serious," said Marler Clark partner Denis Stearns. "We believed strongly in our case, and the importance of the point we were trying to make about food safety and corporate responsibility. This was a case my partners and I really wanted to take to trial. But when finally faced with the chance to not only fully compensate our clients, but to do so in a way that showed the clients that, 'We really did send a message with this one'--that was something we had to recommend accepting."

The Lake County Health Department's outbreak investigation revealed that the Vernon Hills Chili's had been under operation despite having a broken dish-machine and a lack of hot water for at least one day, and a lack of any water at all during most of the lunch-rush one day when infected food workers were preparing and serving food to patrons. The Lake County Health Department reported that 305 Chili's patrons reported having symptoms of salmonella infection that could be traced to Chili's.
 

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Brinker International has reached a settlement with nearly 50 diners sickened with salmonella at a Chili's Grill & Bar restaurant in Illinois, reports the Dallas Morning News.

Terms were confidential, but the amounts were the highest ever secured by Marler Clark LLP, said Denis Stearns, the attorney who handled the cases for the Seattle-based law firm.

Originally, the firm filed lawsuits on behalf of seven plaintiffs. But it represented a total of 49 in the settlement agreement. That included an additional 42 victims, who would have been potential members of a class-action suit the law firm was pursuing. All of the suits will be dropped as a result of the agreement.

Twenty-nine workers and 276 patrons suffered stomach ailments and flu-like symptoms after eating or working at the restaurant in Vernon Hills, Ill., between June 23 and July 1, 2003.

Officials with the Lake County, Ill., Health Department said a dishwashing sanitizer stopped working several days before the outbreak. The restaurant also continued to operate after losing first its hot water and then all water, the Health Department said.
 

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A Butler County woman yesterday sued Wheeling, West Virginia based Coronet Foods in U.S. District Court, saying she got sick from salmonella poisoning after eating tomatoes Coronet supplied to a Sheetz store.

Torsten Ove of the Pittsburgh Post-Gazette reported that It was the second federal lawsuit filed over the salmonella outbreak that has sickened hundreds of people in the region.

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Grist Mill Company of Lakeville, MN, is voluntarily recalling Fruit & Nut Trail Mix Granola Bars and Muesli Cereals, sold under retailer brand names because they have the potential to be contaminated with Salmonella.

Almonds received by Grist Mill Company were randomly tested for the presence of Salmonella. This ingredient testing did not reveal a presence of Salmonella in raw almonds before the ingredient was used to manufacture the subject products and there are no reported illnesses associated with these products. However, the company is working with FDA to assure the quality and safety of the food supply.

This recall is in response to a voluntary recall by Paramount Farms of California of whole and diced raw almonds based on over 20 possible illnesses associated with the almonds nationwide.
 

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A class action lawsuit has been filed against Brinker Restaurant Corporation, the owner of the Vernon Hills Chili's restaurant where hundreds were sickened a year ago as a result of eating salmonella-contaminated food.

According to the complaint, "the number of possible class members could easily exceed one-thousand" due to possible underreporting of cases by people who got sick but did not contact the health department or seek medical care.

The class action lawsuit was filed jointly by MARLER CLARK, a Seattle law firm known nationally for its successful representation of outbreak victims, and SALVI, SCHOSTOK & PRITCHARD, the well known and highly respected Plaintiff's personal injury firm in Chicago.

These two law firms represent the largest number of persons injured in the Chili's outbreak, and have already filed a total of seven lawsuits so far, with several more planned in the coming weeks.

 

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Brinker International was named in two more federal lawsuits over a salmonella outbreak a year ago at a Chili's Grill & Bar in a Chicago suburb, which sickened more than 300 diners and employees and hurt company sales in the Midwest.

The suits -- the fifth and sixth filed by Seattle-based Marler-Clark LLP -- allege that the plaintiffs were among the 276 patrons and 29 workers who suffered stomach ailments and flu-like systems after eating or working at the Vernon Hills restaurant between June 23 and July 1, 2003.

Officials with the Lake County Health Department said a dishwashing sanitizer stopped working several days before the outbreak. The restaurant also continued to operate after losing first its hot water and then all water, the health department reported.

The suits seek compensatory and punitive damages but do not list an amount.
 

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Penzeys Spices has expanded its recall of Hungarian Sweet Paprika, sold nationwide, because of possible salmonella contamination.

The expanded recall comes weeks after Penzeys recalled packages of another paprika version, Hungarian Half-Sharp, and some of its Hungarian Sweet Paprika, because of possible salmonella contamination.

The product comes in 1.2-ounce plastic jars, 2.5-ounce glass jars and in 4-, 8- and 16-ounce bags.
 

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Seattle food-safety attorney Bill Marler, who filed the lawsuit on behalf of a Kennewick, Wash., family who fell ill after eating Paramount-produced almonds, said there could be more lawsuits to come against Paramount.

Marler said his firm, Marler Clark, which specializes in foodborne illness litigation, is currently investigating 250 claims "directly connected" to almonds.

The almond giant voluntarily recalled 13 million pounds of raw almonds after the U.S. Food and Drug Administration reported 25 cases of salmonella linked to the product, but the number of consumers who say they were sickened by salmonella-tainted almonds has risen to 29.

 

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The national law firm of Marler Clark has filed its fourth salmonella lawsuit against Brinker Restaurant Corp., owner of the now-closed Vernon Hills Chili's Grill & Bar.

The federal lawsuit was filed on behalf of Claude McDermott, who became seriously ill with a salmonella infection and suffered permanent injury after eating catered, take-out food from Chili's, according to Marler Clark attorney Denis Stearns.

Stearns said Thursday the "Chili's Party Platters" were served as part of a celebration at his place of work, a "celebration turned-bad that resulted in Claude and a host of co-workers falling ill."

The lawsuit, in addition to seeking compensation for past medical bills, and general damages for pain and suffering, seeks punitive damages, alleging Chili's "acted in a grossly negligent manner.
 

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Attorney William Marler has filed a U.S. District Court lawsuit against Paramount Farms of California for a Kennewick family who ate tainted raw almonds in February.

The U.S. Food and Drug Administration issued a recall last week of 5 million pounds of the raw almonds after five cases of salmonella poisoning in which they were the common denominator were identified in Oregon.

Paramount Foods voluntarily expanded the recall Saturday to include 13 million pounds and eight other countries after investigators in other states uncovered more cases.

So far, 18 victims have been confirmed, but others are anticipated.

The Kennewick family bought raw almonds at a Costco store in January. Three of them became sick enough to need hospitalization. The youngest, a 9-month-old boy, is recovering slowly, according to the lawsuit.

The lawsuit contends Paramount Farms was negligent by not pasteurizing its product.
 

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Marler Clark, a prominent Seattle food-safety law firm, filed suit against Kern County nut processor Paramount Farms, whose raw almonds are the target of a greatly expanded product recall.

The Food and Drug Administration says nuts potentially tainted by salmonella bacteria likely are in a wider array of packages and stores than first announced.

The FDA has tentatively linked 18 cases of food poisoning to raw almonds from Paramount Farms of Lost Hills in Kern County, the state's largest almond grower. Potentially related illnesses still are being investigated.

Paramount has expanded its recall to 13 million pounds from 5 million pounds. It also said that it immediately would start pasteurizing all almonds before they are shipped. Costco Wholesale Inc., who sells the nuts, mailed recall warnings to 780,000 members nationwide who bought almonds in recent months. They will also be alerting international customers who also may have tainted almonds. Some of the raw nuts were shipped to Mexico, Japan and six other countries.

Roasted, blanched, slivered and sliced almonds are not part of the recall because the processing kills bacteria.
 

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Scott and Shawnna Morris and their children ages 3 and 1 of Kennewick, Washington, are plaintiffs in a lawsuit alleging Shawnna Morris and the children were sickened by salmonella-contaminated almonds bought in January from a Costco store.

The lawsuit, filed in U.S. District Court in Spokane, alleges Los Angeles-based Paramount Farms sold contaminated almonds not fit for human consumption. The company had recalled raw almonds sold under Costco Wholesale Inc.'s Kirkland Signature brand, and under the Trader Joe's and Sunkist brands.

The almonds were linked to illnesses in Washington, Oregon, Alaska, Arizona and Utah, and other cases have emerged in Michigan, Tennessee, Massachusetts and possibly other states

Dave Babcock, an attorney with Seattle-based Marler Clark Attorneys at Law, is representing the Morrises.

The lawsuit seeks payment for medical expenses, lost wages and earning capacity and other damages to the Morris family.
 

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Marler Clark is representing over 50 people who became ill with salmonella infections after eating at the Vernon Hills Chili's Grill & Bar in June and July of 2002.

The outbreak was linked to infected food workers, and was made worse by the restaurant's operation without hot water or any water at all for periods of time.

Denis Stearns is the Marler Clark partner in charge of the case, and is working to mediate claims with Chili's.
 

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