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,,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.”
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.