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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Wright County Egg Sued by Three-year-old Hospitalized by Salmonella Enteritidis

Screen shot 2010-10-26 at 2.08.38 PM.pngWe filed another lawsuit today against Wright County Egg in Federal Court in Iowa. This time on behalf of J.T. On or about July 7, 2010, the minor plaintiff, J.T., began to suffer from severe fevers, including abdominal cramps, nausea, diarrhea and vomiting. J.T. continued to be ill with gastrointestinal symptoms for several days thereafter. On or about July 20, 2010, after receiving a call from his pre-kindergarten teacher who stated that J.T. was pale, shivering, and refusing to eat, Jennifer Tucker took J.T. to Children’s Medical Center at Legacy. Due to J.T.’s complaints of pain in his right hip, x-rays were done of that area. He was ultimately diagnosed with constipation and right hip pain. J.T.’s symptoms continued to worsen, however, causing his mother to take him back to the hospital the very next day. The decision was made to admit him for treatment and close monitoring. During his hospitalization, J.T. was treated for extremely high fevers and hip pain. It was ultimately discovered that a bone in his right hip, and the tissues surrounding it, had become infected as a result of the Salmonella enteritidis bacteria that J.T. had ingested on or about July 5, 2010, in cake made from eggs manufactured by the defendant. J.T. remained hospitalized until he was deemed sufficiently stabilized, and was discharged on or about July 28, 2010. Thereafter, J.T. has suffered from significant pain as a result of the septic illness, and bone infection, that resulted from his Salmonella enteritidis infection.

  • Bill Anderson

    Curious minds want to know: Has the FDA shut down this egg producer yet?
    Why do raw milk cheese makers, who have made no one sick, get shut down over highly questionable evidence of listeria contamination, while a huge corporate CAFO which has made hundreds (if not more) sick gets a free pass from FDA?
    You act as if your lawsuit is going to put these guys out of business. Its not. But I can certainly tell you that Morningland Dairy and Estrella Family Dairy are both going out of business because of the sick games that FDA plays with our food choices and food sovereignty on behalf of agribusiness and pharma-business.

  • It can be done

    Salmonella victims to split about $12M
    by Associated Press
    Posted on February 2, 2010 at 11:52 AM
    ATLANTA — Dozens of victims of last year’s nationwide salmonella outbreak will split about $12 million as part of a settlement with the insurer of the company linked to the illnesses.
    Atlanta attorney Alan Maxwell said Monday the money comes from an insurance policy that Lynchburg, Virginia based Peanut Corp. of America had with Hartford Financial Services Group Inc. The settlement could be doled out to more than 100 victims or their survivors who filed a claim.
    Lawsuits against Kellogg Co., and King Nut Co. are still pending. The outbreak was traced to the company’s plants in Georgia and Texas. It sickened about 700 people and was linked to at least 9 deaths. Peanut Corp has since filed for bankruptcy and authorities launched a criminal investigation.