Salmonella Lawyer & Attorney : Marler Clark : Salmonella Blog

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Suzanne Schreck
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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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A nationwide Salmonella outbreak has been traced to pot pies produced by ConAgra and distributed under the Banquet brand name.  Today, the Washington Department of Health announced that three Salmonella cases in the state were probably linked to the outbreak:

Three cases of salmonellosis in Washington may be linked to frozen pot pies, part of a national outbreak that has sickened more than 100 people in several states.

The Washington cases are potentially linked to products made by ConAgra, most of which were sold under the Banquet brand name.

The U.S. Department of Agriculture (USDA) has issued a health alert advising consumers not to eat ConAgra frozen pot pies with "P9" in the identification code printed on the box. USDA says the pot pies are sold under Banquet and store-brand names, each containing the "P9" identifier.

The Minnesota Department of Health also released a statement about the outbreak today:

Six cases of Salmonella infection in Minnesota residents have been linked to eating Banquet brand turkey or chicken pot pies, the Minnesota Department of Health (MDH) said today. The finding prompted health and agriculture officials to warn consumers not to eat any Banquet brand pot pies. An investigation is ongoing.

Banquet brand pot pies are sold in the freezer section at grocery stores and other outlets throughout the country. Pot pies made at the same plant are also sold under a dozen store labels, but all carry a code number beginning with 5009. “Best if used by” dates for implicated product are not known at this time.

Three of the Minnesota cases are adults and three are children. Five of the cases are from outstate Minnesota, and one is from the Twin Cities metro area. No one has been hospitalized.

The Minnesota cases are part of a much larger multi-state outbreak of Salmonella infections. Since June, at least 135 confirmed cases have been identified from approximately 25 states. The six Minnesota cases were reported in September; interviews of these cases by MDH epidemiologists led to the identification of Banquet pot pies as the source of the illnesses. The national investigation to determine the extent of the outbreak, production dates of contaminated product, and the source of contamination is ongoing.

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