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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Marler Clark Client Sues Wal-Mart Over Salmonella Saintpaul Tainted Peppers

It is time for retailers – the “Big Boxes” – to step up and make sure their products are not the cheapest or the most profitable – that they have not squeezed the last penny out of the farmers and middlemen –  but the safest. As I said today:

"Hopefully, this lawsuit will send Wal-Mart a bit of a message that they are just as responsible as the farmer in Mexico for providing healthful food," attorney William Marler said.

Our client, Brian Grubbs’ wife purchased the peppers at a Wal-Mart store in Cortez, Colo., on June 26, according to the lawsuit. Grubbs eats them raw on sandwiches and said in the suit that within a few days he began experiencing diarrhea, vomiting and nausea, among other symptoms. He also claimed that he was severely dehydrated and could not walk without assistance. The same strain of salmonella has infected more than 1,300 people over the past three months. Tests of his stool and the peppers were positive for Salmonella saintpaul, according to the lawsuit. Federal health officials on Wednesday identified jalapeño and serrano peppers from a Mexican farm as the source of the outbreak, which initially was linked to tomatoes.

  • A. Stevenson

    Ahh, another bottom-feeding ambulance-chaser has struck again. You and a host of other like-kind should be the poster childer for tort reform in our country. Mark Twain was absolutely correct.

  • Nicole

    I am really so glad that you are suing Walmart. They have a pervasive pattern of behavior which encourages the worst quality product. It is called willful blindness and greed.
    I firmly believe that Walmart was a major player in the pet food poisoning which resulted in the recall last year. They sell Special Kitty cat food which is made by Menu Foods, the company at the helm of the recall. Special Kitty was contaminated with melamine and recalled. Walmart was a huge customer of Menu Foods, as you can imagine, and I believe they continued to pressure Menu Foods to provide the same product at lower and lower prices. Menu foods, having to answer to their stockholders, then goes to China and buys very cheap wheat gluten which wasn’t wheat gluten at all, instead of continuing to buy it from its US supplier as it had been. This way they were able to cut their expense and continue to service Walmart and others at a profit. Now Menu foods is no angel, they knew or should have known that buying a product so cheaply meant the quality suffered, they didn’t test the product and when animals starting dying in their labs they didn’t recall until Proctor & Gamble, makers of Iams, forced them to. And Proctor and Gamble is no angel and it goes on and on.
    My point is that I believe that Walmart was a instigator for the very reasons you are suing them.