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 26th, 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 28th and 29th. 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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