Salmonella Lawyer & Attorney : Marler Clark : Salmonella Blog

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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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 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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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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