Salmonella Lawsuit Filed Against Wal-Mart

September 26,2006
FinanceVisor.com
A lawsuit was filed today against Wal-Mart Stores, Inc., the company whose Greenwood, Indiana, store was the source of a Salmonella outbreak. The lawsuit was filed in Johnson County Superior Court on behalf of a Greenwood resident whose son became violently ill and was hospitalized after consuming foods purchased at the Wal-Mart deli. The lawsuit was filed by Marler Clark, a Seattle-based law firm that has represented hundreds of victims of Salmonella outbreaks. (FVNEWSWIRE Sep 8, 2006)

Los Angeles, CA (FV Newswire) - A lawsuit was filed today against Wal-Mart Stores, Inc., the company whose Greenwood, Indiana, store was the source of a Salmonella outbreak between May and August, 2006. The lawsuit was filed in Johnson County Superior Court (Case No. 41D03-0609-CT00062, Johnson Superior Court #3) on behalf of Ryan Merritt, a Greenwood resident whose son became violently ill and was hospitalized after consuming foods purchased at the Wal-Mart deli. Mr. Merritt is represented by the Seattle law firm of Marler Clark, widely recognized as the nation’s leading law firm representing victims of foodborne illnesses, and Greenwood attorney John M. Reames.

In the complaint, attorneys allege that Mr. Merritt purchased ham and cheese from the Wal-Mart deli on August 13. Mr. Merritt’s son, Noah, consumed the ham and cheese in the subsequent days and became ill on August 18. Noah’s symptoms became severe by August 20, and he was seen in the Emergency Room at St. Francis Hospital in Indianapolis on August 22. Noah was subsequently admitted to the hospital, and was released on August 24. While hospitalized, Noah provided a stool sample that tested positive for Salmonella.


“The Indiana State Health Department reported that at least 84 customers who ate foods from the deli and bakery departments at Wal-Mart from May to August were part of this Salmonella outbreak,” said William Marler, attorney for Mr. Merritt. “The longevity of this outbreak suggests that it was not the result of a one-time food handling error, but rather the consequence of repeat food code violations over a period of four months. The spread of foodborne illness from infected workers can be prevented by proper hygiene - especially handwashing.”

An Indiana State Department of Health (ISDH) investigation into the Salmonella outbreak led ISDH to believe that infected food workers who did not exhibit symptoms of Salmonellosis, or who were a-symptomatic carriers of the bacterium, contaminated the deli and bakery foods.

“We’ve seen this before and will see it again,” Marler continued. “Businesses who fail to enforce strict handwashing policies will continue to be the source of outbreaks, and will be held responsible for their failures through the legal system.”

Marler’s law firm, Marler Clark, has represented thousands of victims of Salmonella outbreaks. The firm recently negotiated settlements on behalf of 138 individuals who became ill with Salmonella infections after eating contaminated tomatoes served at Sheetz convenience stores in Pennsylvania, Virginia, West Virginia, Maryland, and Ohio in 2004. Marler Clark represented 50 individuals in litigation against Chili’s after the chain’s Vernon Hills, Illinois restaurant was traced as the source of a Salmonella outbreak in 2003. For more information about Marler Clark and Salmonella litigation, visit Marler Clark's Salmonella news page.

To reach Mr. Marler for comment, please contact him at (206) 346-1890.

More on Wal-Mart and Salmonela

Indiana State health officials over the last two weeks reported that the source of the recent salmonella outbreak as the Wal-Mart on 1133 North Emerson in Greenwood. The deli and bakery departments were identified as the source of the recent salmonella outbreak in northern Johnson and southern Marion counties.  The likely cause of the outbreak was determined to be ill workers handling food.

Currently, 84 cases of salmonella have been reported to be part of the outbreak, which began in May 2006.  Marler Clark has been contacted by over a dozen sickened individuals.  A lawsuit was filed last week on behalf of one family.  To follow that litigations progress, see www.salmonellalitigation.com.

Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common form of bacterial foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.  For more information on Salmonella, visit www.about-salmonella.com.

Marler Clark has been involved in litigation stemming from numerous Salmonella outbreaks across the country.  For a listing of past and current cases, see:  Salmonella News

Man sues Wal-Mart over salmonella

Indy-Star Report
A Seattle law firm is representing a Greenwood man in a salmonella lawsuit against Wal-Mart Stores. The suit follows a salmonella outbreak this summer in which at least 84 people became ill. The Indiana State Department of Health traced the outbreak to the deli and bakery departments at the Wal-Mart on Emerson Avenue in Greenwood. The suit, filed on Thursday in Johnson County Superior Court, says the bacteria caused Noah Merritt, the son of Ryan Merritt of Greenwood, to become ill in August. Noah Merritt was briefly hospitalized because of the outbreak, the lawsuit claims. Marler Clark of Seattle, which has handled suits involving salmonella outbreaks around the country, is joining Greenwood attorney John M. Reames in filing the suit.

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