Salmonella Lawyer & Attorney : Marler Clark : Salmonella Blog

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 report the source of the recent salmonella outbreak is the Wal-Mart on 1133 North Emerson in Greenwood. The deli and bakery departments have been identified as the source of the recent salmonella outbreak impacting at least 84 people in northern Johnson and southern Marion counties. Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments. "We believe food handlers who didn't have any symptoms may have contaminated the deli and bakery products," said Lynae Granzow, enteric epidemiologist, Indiana State Department of Health. State health officials say the salmonella contamination occurred at the store. Marler Clark has filed a lawsuit against Wal-Mart and has been contacted by over a dozen others who became ill.

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Salmonella lawsuit is filed
Son hospitalized after eating Wal-Mart deli items
By Rebecca Neal
rebecca.neal@indystar.com

A Greenwood man whose son was hospitalized with salmonella after eating food from a Greenwood Wal-Mart deli filed a lawsuit Thursday against the retail chain.

Ryan Merritt's son, Noah, fell ill Aug. 20 after eating meat and cheese purchased from the Wal-Mart at 1133 N. Emerson Road. The child was hospitalized for three days and has yet to make a complete recovery, said lawyer David Babcock of Marler Clark in Seattle. Babcock said Ryan Merritt is seeking damages for medical bills, missed work and pain and suffering.

"Probably the larger issue is that his son spent three days hospitalized," Babcock said. "He wants to make sure they (Wal-Mart executives) understand the gravity of the situation."

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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 on 1133 North Emerson 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.  To follow that litigations progress, see www.salmonellalitigation.com.

Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common form of bacterial foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.  For more information on Salmonella, visit www.about-salmonella.com.

Marler Clark has been involved in litigation stemming from numerous Salmonella outbreaks across the country.  For a listing of past and current cases, see:  Salmonella News

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Indy-Star Report
A Seattle law firm is representing a Greenwood man in a salmonella lawsuit against Wal-Mart Stores. The suit follows a salmonella outbreak this summer in which at least 84 people became ill. The Indiana State Department of Health traced the outbreak to the deli and bakery departments at the Wal-Mart on Emerson Avenue in Greenwood. The suit, filed on Thursday in Johnson County Superior Court, says the bacteria caused Noah Merritt, the son of Ryan Merritt of Greenwood, to become ill in August. Noah Merritt was briefly hospitalized because of the outbreak, the lawsuit claims. Marler Clark of Seattle, which has handled suits involving salmonella outbreaks around the country, is joining Greenwood attorney John M. Reames in filing the suit.

Copyright 2006 IndyStar.com. All rights reserved

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INDIANAPOLIS, IN (September 7, 2006) – 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 in Johnson County Superior Court (Case No. 41D03-0609-CT00062, Johnson Superior Court #3) 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.  Mr. Merritt is represented by the Seattle law firm of Marler Clark, widely recognized as the nation’s leading law firm representing victims of foodborne illnesses, and Greenwood attorney John M. Reames.
 
In the complaint, 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 by August 20, and he was seen in the Emergency Room at St. Francis Hospital in Indianapolis on August 22. Noah was subsequently admitted to the hospital, and was released on August 24.  While hospitalized, Noah provided a stool sample that tested positive for Salmonella.
 
“The Indiana State Health Department reported that at least 84 customers who ate foods from the deli and bakery departments at Wal-Mart from May to August were part of this Salmonella outbreak,” said William Marler, attorney for Mr. Merritt.  “The longevity of this outbreak suggests that it was not the result of a one-time food handling error, but rather the consequence of repeat food code violations over a period of four months.  The spread of foodborne illness from infected workers can be prevented by proper hygiene – especially handwashing.”
 
An Indiana State Department of Health (ISDH) 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.”
 
Marler’s law firm, Marler Clark, has represented thousands of victims of Salmonella outbreaks. The firm recently negotiated settlements on behalf of 138 individuals who became ill with Salmonella infections after eating contaminated tomatoes served at Sheetz convenience stores in Pennsylvania, Virginia, West Virginia, Maryland, and Ohio in 2004.  Marler Clark represented 50 individuals in litigation against Chili’s after the chain’s Vernon Hills, Illinois restaurant was traced as the source of a Salmonella outbreak in 2003.  For more information about Marler Clark and Salmonella litigation, visit the Salmonella news section. 

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24.aug.06
Hamilton Spectator
Marissa Nelson

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.

David Thompson, lawyer with Scarfone Hawkins, was cited as saying the deal for the estimated 155 people who fell ill was completed yesterday. It still has to be ratified by the courts at a hearing set for Sept. 28.

Thompson said the total value of the pain and suffering compensation is $2 million -- the insurance policy limit for the caterer involved, Compton & Greenland. What will ultimately be paid out from that pot isn't clear, as people who want compensation must first apply to an independent adjudicator.
The agreement sets out four levels of compensation based on the length of illness.

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Aug, 23 2006

HAMILTON (AM900 CHML) - 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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13.aug.06
The Dominion Post, Morgantown, W.Va.
McClatchy-Tribune Business News
Kathy Plum

KINGWOOD -- Two years after four Preston County residents were diagnosed with salmonella poisoning after eating at the Parsons Sheetz, they are, according to this story, 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, were cited as filing suit in Tucker Circuit Court, seeking $70,000 plus pre- and post-judgment interest, costs and attorney fees, and whatever relief the court finds appropriate.

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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8/14/2006

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 (CCBH) 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 (ODH) 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.

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By By JOE MANDAK
Associated Press Writer
Saturday, July 29, 2006

PITTSBURGH -- 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?

''We stepped up to the plate and took care of our customers. Now we have to take care of the harm that's been done to us,'' said Michael Cortez, general counsel for Altoona-based Sheetz.

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Most Sheetz salmonella cases settled; insurance battles set

JOE MANDAK
Associated Press

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

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July 9, 2006

A total of seven brands of chocolate bar were withdrawn
A woman is considering taking legal action if tests prove she contracted salmonella poisoning after eating a Cadbury's chocolate bar.
Cadbury's withdrew a million bars in June after a pipe at its Herefordshire plant caused salmonella contamination.

Catherine Henderson, 62, of County Antrim, N Ireland, spent five days in hospital. Her lawyers said tests found she had the same strain of the bug.

Cadbury's said there was no link between illness cases and its bars.

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By Joe Mandak
July 6, 2006

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.

July 1 marked 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.

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