Salmonella from Veggie Booty: Marler Clark clients profiled

Posted on August 14, 2007 by Salmonella Attorney
The Scheels family of Voorheesville, New York, was interviewed for a story in the Washington Times that was printed last weekend.  Two of the Scheels triplets became ill with Salmonella infections after eating contaminated Veggie Booty earlier this year.  The third, a picky eater who doesn't like Veggie Booty, did not.  Elex and Patrick Scheels expressed their frustrations over their children's illness in the article:
Mrs. Scheels said she and her husband Patrick were "furious" when she found out how her children became ill.

She said they buy "high-end" food for their children, including organic foods, eggs from free-range hens and chicken raised without hormone supplements.

"We thought, 'we spend more money so that something like this wouldn't happen,' " she said.
Marler Clark filed a lawsuit against Robert's American Gourmet Food, the marketer of Veggie Booty, on behalf of the Scheels family in July. 

Veggie Booty Salmonella Outbreak Background:

On June 28, 2007, the Food and Drug Administration (FDA) announced that Robert’s American Gourmet Food, Inc. of Sea Cliff, New York, was recalling Veggie Booty Snack Food. The company, which makes the puffed rice and corn products, Veggie Booty and Pirate's Booty, recalled all lots and sizes of Veggie Booty after health officials identified the product as the source of a Salmonella outbreak.

According to the FDA, the Centers for Disease Control and Prevention (CDC) has identified 51 cases of Salmonella in 17 states that are related to the consumption of Salmonella-contaminated Veggie Booty.

The Veggie Booty was distributed nationwide and in Canada, and was sold in 4 oz., 1 oz., and ½ oz. flexible plastic foil packages. Veggie Booty is sold in supermarkets, health food stores, vending machines, online, and via phone order in both the U.S. and Canada.
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Marler Clark: Parents of triplets file Salmonella lawsuit against Veggie Booty manufacturer

Posted on July 17, 2007 by Salmonella Attorney
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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