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Pritzker | Olsen Sues Peanut Butter Maker in Salmonella Death

By PritzkerLaw

On the same day federal health officials reported more than 500 people in 43 states have been sickened by the same outbreak strain of Salmonella, national food safety law firm Pritzker | Olsen P.A. filed the first wrongful death lawsuit against the Virginia company linked to the outbreak.

The complaint against Peanut Corporation of America and Ohio-based King Nut Companies, a distributor, was filed Monday in Hennepin County District Court on behalf of the heirs of Shirley Mae Almer, 72, of Perham. The U.S. Centers for Disease Control and Prevention said Monday that the  Salmonella Typhimurium outbreak may have contributed to eight deaths nationwide, including three in Minnesota.

Mrs. Almer died December 21. Family members were informed by Minnesota health officials in early January that she had been infected with Salmonella -- the same strain involved in a national outbreak that started in early September. Upon investigation, state lab tests also found the outbreak strain of Salmonella in a container of peanut butter that was in use at the nursing home where Mrs. Almer was residing when she became ill.

The lawsuit states that Mrs. Almer's death was a direct result of consuming peanut butter made by Peanut Corporation of America (PCA) and distributed by King Nut Companies. The product consumed by Mrs. Almer was among the products recalled by PCA in connection with the Salmonella outbreak.

In a press release, Pritzker | Olsen founder and President Fred Pritzker, said Monday the product recall that covered all peanut butter and peanut paste made at PCA's Blakely, Georgia, plant since July 1, 2008, is very large and significant.

“It points to a number of vulnerabilities in our food safety system that require legislation and funding to correct. Consumers should feel concerned and demand a significant overhaul,'' Pritzker said.'

The lawsuit alleges carelessness and negligence on behalf of PCA and King Nut for failure to train and properly supervise peanut butter production workers and other employees; failure to safely produce, store and transport its products; failure to maintain sanitary conditions during and after production; failure to prevent cross-contamination and failure to properly test its products, as well as other acts of negligence.

Pritzker | Olsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses, including E. coli, Listeria, Salmonella and Shigella. The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food. In addition, the firm is devoted to educating the public about food safety issues, and advocating for badly needed food safety legislation and increased funding for the federal, state and local agencies charged with protecting our food and enforcing food safety laws.

Full post as published by Food Poisoning Law Blog on January 26, 2009 (boomark / email).