A salmonella lawsuit has been filed against Orchid Island Juice Company of Fort Pierce, Florida. The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming Orchid Island unpasteurized orange juice.

Ms. Dowdy is represented by Marler Clark, the Seattle law firm nationally recognized for the successful representation of victims of foodborne illness and David Delk, a respected Wheeling, West Virginia, lawyer.

"After the Odwalla and Sun Orchard outbreaks in 1996 and 1999, I would have thought that a juice producer would have more sense than to sell unpasteurized juice and risk facing me in a courtroom after they had poisoned their customers," said William Marler, managing partner of Marler Clark. "But I guess the lesson has not been learned by all."

In the lawsuit, which is based on the Federal Food, Drug, and Cosmetic Act, Marler alleges that "Orchid Island had a duty to use supplies and raw materials . . . free from adulteration and fit for human consumption, but failed to do so."

Marler continued, "If Orchid Island had only pasteurized their juice, this outbreak would not have occurred. Heather Dowdy went through a terrible ordeal. She and other victims did not deserve this."