Seattle law firm files sixth lawsuit against ConAgra over Salmonella-tainted pot pies

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 5th

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.

Michigan man sickened after eating pot pie files lawsuit against ConAgra

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.