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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Peanut butter manufacturer sued by Missouri family

SPRINGFIELD, MO – A Salmonella lawsuit was filed Friday in United States District Court for the Western District of Missouri against ConAgra, the Omaha, Nebraska-based food company whose Georgia peanut butter plant has been traced as the source of a Salmonella outbreak that sickened hundreds. The lawsuit was filed on behalf of Buchannan County, Missouri, residents Brian and Susanna Cox and their two children. The Cox family is represented by Seattle-based Marler Clark, the Seattle law firm that has represented thousands of victims of foodborne illness outbreaks, and Springfield, Missouri-based Aleshire, Robb & Sivils.

In the lawsuit, attorneys allege that the Cox family first became ill with symptoms of Salmonella infections in October, 2006 and that both children required medical treatment. Unaware of the association between the consumption of peanut butter and their illnesses, the Cox family continued to purchase and consume Great Value brand peanut butter in the subsequent months. The Cox family first learned of a Salmonella outbreak traced to Great Value brand peanut butter on February 14, 2007, when the Food and Drug Administration announced Peter Pan and Great Value peanut butter manufactured in ConAgra’s Georgia peanut butter plant had been traced as the source of a Salmonella outbreak among nearly 300 residents of 39 states.

“I’ve handled claims on behalf of victims of nationwide Salmonella outbreaks traced to tomatoes, cereal, and unpasteurized orange juice, but never peanut butter,” said William Marler, managing partner of Marler Clark.

Marler listed his top five recommendations for individuals who may be part of the Salmonella outbreak:

1.If you or a family member are still sick, please seek medical treatment.

2.If you do seek medical treatment, please ask that a stool culture be done to try and confirm that you have been sickened by Salmonella.

3.You should contact you local health department about your concerns and to relate information about your family members’ illnesses. Please make note of your peanut butter label, the brand, and the product code found on the lid—“2111” is the implicated product. Also note when and where you purchased it. This information will help the health department’s investigation.

4.If you have any left-over peanut butter, please put the entire jar in a plastic bag and place it in a cool spot. Please let your local health department know that you have it. They may offer to test it.

5.If any family member is currently sick, please be sure to attend to careful hygiene. Frequent hand washing can help reduce the risk of spreading infection among family members.

  • Terry Atwell

    our fammily loves to eat fluffernutters, and we go through a lott of peanut butter. My son was additted to the hospital recently and spent 5 days there. And he missed two weeks work. now we hear about this recall. Well I’ve been saving my emmpty jars to reuse for other things. I just checked the lids, and I’ve got 6 empties and one 3/4 emmpty of 21111 lot. Do you think there is a connection?

  • Judi

    To whom it may concern,
    I have a jar of this peanut butter. I ate it two days ago. I had a slight gastrointestinal problem but did not know until today that it could have come from eating this peanut butter. I took care of myself at home and did not go to the doctor. Should I still be worried about this and should any action be taken. I did call the local health dept. and they told me to throw it away. I also was worried about the utensils and dishes that came in contact with this peanut butter. Sanatizing normally was what they told me to do. Any suggestions on what or if I need to do something.
    Thanks,
    Pueblo, Colorado

  • Mark Mason

    I ate a 1/4 of a jar of crunchy peter pan peanut butter with the lid #2111. Tyhis all started about the 1st week of February. I went to see my doctor who at that time was going to check for C-Diff as well as some other test. But now with the salmonella out break he will be test for that as well. I am still hving problem but it all could be just a flu. Please keep me posted if you need help with a class law suit. Thanks Mark

  • sandra secanti

    I ate half of a jar of peter pan peanut butter with the lid #2111. I got so sick I thought it was the end of me. I went to see my doctor he told me that there was a virus going around before I knew about the peanut butter recall. I’m going on 2 weeks and I still feel sick. I missed alot of days of work. Do you think there is a connection.
    Thanks
    San Antonio, Texas

  • sandra secanti

    I ate half of a jar of peter pan peanut butter with the lid #2111. I got so sick I thought it was the end of me. I went to see my doctor he told me that there was a virus going around before I knew about the peanut butter recall. I’m going on 2 weeks and I still feel sick. I missed alot of days of work. Do you think there is a connection.
    Thanks
    San Antonio, Texas