Salmonella Lawyer & Attorney : Marler Clark : Salmonella Blog

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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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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