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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Marler Clark files lawsuit against Orchid Island, maker of unpasteurized Salmonella-contaminated orange juice

Marler Clark has filed a Salmonella lawsuit was against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern District of West Virginia Thursday (case no. 5:05-CV-0586). 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. We have filed the lawsuit along with David Delk, a respected Wheeling, West Virginia, lawyer.
As I told the local (Morgantown, West Virginia) press today:

Ms. Dowdy consumed Orchid Island orange juice on May 30, 2005, and became ill with symptoms of Salmonella infection on May 31. She went to the emergency room in Virginia Beach on June 2, and again on June 6, when she was admitted to the hospital for severe dehydration. Ms. Dowdy was discharged on June 8, but still suffers from complications of Salmonella infection, and has not yet been able to return to work.
“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.”

On July 8, 2005, the Food and Drug Administration (FDA) warned consumers against drinking unpasteurized orange juice products distributed by Orchid Island under a variety of brand names. At that point, there were reports of 15 cases of a matching strain of Salmonella bacteria causing illness in consumers in Michigan, Ohio, and Massachusetts. At least 16 other states reported cases of Salmonella that matched the specific strain found in Orchid Island orange juice. On July 15, 2005, Orchid Island issued a nationwide recall of fresh and frozen unpasteurized orange juice (see http://www.fda.gov/oc/po/firmrecalls/orchidislandjuice07_15.html). The CDC indicated that as many as 82 cases have been confirmed nationwide.