A New York family filed suit against ConAgra this afternoon in United States District Court for the Western District of New York. The lawsuit was filed by Marler Clark, the Seattle law firm that filed a similar lawsuit on behalf of a Missouri family early Friday, and Rochester, New York, attorney Paul Nunes. Plaintiffs in the lawsuit are Nicolas Avalone and Tracy Hubright of Ontario, New York.

Mr. Avalone and the couple’s son are two of at least 300 people who have become ill with Salmonella infections after eating Peter Pan or Great Value peanut butter that was produced in ConAgra’s Georgia plant. All Peter Pan and Great Value peanut butter with a lot code of 2111 was recalled on February 14, after an investigation by the Centers for Disease Control and Prevention revealed that the peanut butter was the source of a nationwide outbreak of Salmonella illnesses.

“We have bee contacted by over 500 people who experienced gastrointestinal illnesses for months, but most – like Nicholas and Tracy – never considered that peanut butter could be a source of illness until they heard about the recall,” said Bill Marler, managing partner of Marler Clark.

“We’ve worked with Paul Nunes and Underberg & Kessler on Salmonella outbreak cases in the past, and are happy to be working with Paul again,” Marler continued.

BACKGROUND: Marler Clark and Underberg & Kessler together represented 70 clients in Salmonella claims against the Brook-Lea Country Club in Rochester, New York. The firms are currently working together on cases involving E. coli and cryptosporidium outbreaks. See also www.Salmonellablog.com and www.foodborneillness.com.

  • Barbara Hogg

    Re: Peter Pan product….became sick in Oct’06 and hospitalized for 2 nights…ate PP sandwich using PP product….with 2111 number on lid.

  • tracy mills

    Re: Peter Pan peanut butter became very ill jan 2007
    after eating peter pan peanut butter thought it was stomach flu did not realize it was peanut butter until last week and yes produt code on lid begins with 2111 I have put it in a bag in a cool place to save for class action suit

  • jackie baker

    I do not know what to do or where to write but did see this info on peter pan peanutbutter We have three members in our family and were experiencing stomach cramps headache diarrhea I have the jar of peanutbutter with the numbers 2111 but we did eat most of it not relating our flu like symtoms to the peanutbutter Please tell me what we should do.

  • Tom Crotty

    I suspect I was poisoned by Peter Pan Peanut Butter in Nov. of 2006. Got violently sick with diaahrea and nausea and vomiting and stomach cramps. Finally went to the doctor…she suspected food poisoning. However, it wasn’t until Feb. of 2007 and the announced recall that found a half eaten jar of the recalled peanut butter. I think I am now suffering from some of the long term effects…joint pain especially. Suggestions?? I have called ConAgra and they have put me in touch with a Claims Management Co. out of Michigan but I’m not sure that is in my best interests. Tom Crotty