Marler Blog - We Need to Do Something About Frivolous Pot Pie Defenses - Comments

Amy Derby

marler@marlerclark.com (Salmonella Attorney) — Thu, 03 Jan 2008 13:01:29 -0800

This is madness.

The Food Snark has spoken:
http://www.foodsnark.com/2008/01/conagra-needs-to-get-grip-on-its.html

undisclosed

marler@marlerclark.com (Salmonella Attorney) — Thu, 03 Jan 2008 13:01:29 -0800

we see that all the time-- the insurance company always scream about frivolous lawsuits-- the fact is they put up more frivolous defenses (especailly the med mal cases) to delay, protract and make litigation unnecessaily expensive---rather than accept responsiblity for their own actions

it is complete bull but the public rarely sees that side of the story....

they assumed the risk of eating bad food from our irresponsible company that does little if anything to make sure the product is safe for actual human consumption...come on

they claimed the same thing in a brain surgery case in NY: my spin on their defense is below

she assumed the risk of brain damage and paralysis because we operated on her using cob job eqiupment that is not approved even for vetinary use without telling her; and that we incidentally failed to maintain and malfunctioned during surgery but nevertheless its not our fault-- the hemorrhage was a risk of any brain surgery and its all her fault cause although she was unconscious at the time, she mistakenly trusted us like a dumb ass to operate on her brain with safe appropriately maintained equipment--so she assumed the risk of injury and is guilty of culpable conduct and contributory negligence

Its time to elect some politicians that will work to curb insurance company abuses rather than punish injured parties

Carol Sandt

marler@marlerclark.com (Salmonella Attorney) — Thu, 03 Jan 2008 13:01:29 -0800

Your January 3, 2008 pot pie outbreak-related blog states the following:

"Now remember, these Pot Pies were supposed to be pre-cooked and not to contain Salmonella in any event."

I am puzzled by this statement based on ConAgra Foods' news release (excerpted below) which contains text implying that its pot pies contain uncooked poultry that would be expected to be contaminated with Salmonella:

"ConAgra Foods Offers Consumer Advisory Regarding Banquet Pot Pies
OMAHA, Neb.--(BUSINESS WIRE)--Oct. 9, 2007...The company reminds consumers that these products are not ready-to-eat...Salmonella is among the common pathogens found in not-ready-to-eat poultry containing products like pot pies."

Did the pre-recall ingredient list specify that the poultry used in the pot pie was cooked or uncooked?