Marler Blog : Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

Standing in the New Orleans Airport yesterday afternoon, I had a nice chat with Mark Morey of the Yakima Herald about the status of the ConAgra Salmonella Peanut Butter litigation (CDC confirms 714 Illnesses) as well as the filing of yet another suit against ConAgra for manufacturing Salmonella Pot Pies (CDC confirms 272 Illnesses – 27 in Washington State).  His article appeared this morning in the Yakima Herald - Woman sues over tainted pies:

Bill Marler, a Seattle attorney who focuses on food safety cases, said Barnes' case is among 40 that he is handling related to the ConAgra outbreak, which federal health investigators say sickened about 270 people in the United States…. ConAgra said it has improved safety measures, but Marler said Barnes and other victims deserve compensation for their medical treatment…. Marler said the company has not  offered a settlement yet, although he is discussing that possibility as part of other litigation involving tainted ConAgra peanut butter.

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When they are mixed together at ConAgra?* (hopefully, people recall the TV ads of a few years ago - "you have chocolate in my peanut butter.")



UPDATE - Between January 1, 2007 and October 29, 2007, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states.  Illnesses began January 2007 and have continued through at least October 2007.

Investigation of Outbreak of Human Infections Caused by Salmonella I 4,[5],12:i:-

Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (16), Colorado (7), Connecticut (6), Delaware (5), Florida (2), Georgia (2), Idaho (8), Illinois (6), Indiana (3), Kansas (3), Kentucky (8), Massachusetts (6), Maryland (7), Maine (1), Michigan (3), Minnesota (7), Missouri (16), Montana (4), Nevada (6), New York (10), Ohio (10), Oklahoma (1), Oregon (3), Pennsylvania (17), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (17), Wisconsin (23), Wyoming (3). Their ages range from <1 to 87 years with a median age of 20 years; 51% of ill persons are female. At least 50 people have been hospitalized. No deaths have been reported.  State health departments are collecting and testing pot pie products recovered from patients’ homes. To date, one pot pie yielded Salmonella I 4,[5],12:i:- isolates with a genetic fingerprint indistinguishable from the outbreak pattern.



So far, the CDC has reported that the other ConAgra Salmonella outbreak has held fast at 628 cases in 47 States.

Multistate Outbreak of Salmonella Serotype Tennessee Infections Associated with Peanut Butter --- United States, 2006--2007

In November 2006, public health officials at CDC and state health departments detected a substantial increase in the reported incidence of isolates of Salmonella serotype Tennessee. In a multistate case-control study conducted during February 5--13, 2007, illness was strongly associated with consumption of either of two brands (Peter Pan or Great Value) of peanut butter produced at the same plant. Based on these findings, the plant ceased production and recalled both products on February 14, 2007. The outbreak strain of Salmonella Tennessee subsequently was isolated from several opened and unopened jars of Peter Pan and Great Value peanut butter and from two environmental samples obtained from the plant. As of May 22, 2007, a total of 628 persons infected with an outbreak strain of Salmonella serotype Tennessee had been reported from 47 states since August 1, 2006. on February 13, 2007.  Subsequent laboratory testing of leftover peanut butter from patients was performed at state public health laboratories and CDC. Salmonella Tennessee with a PFGE pattern matching one of the outbreak strains was isolated from 21 opened and unopened peanut butter jars with production dates ranging from July 2006 to December 2006.


I am not an owner or stockholder of ConAgra (yet, anyways).  However, if I was, here are a few questions I would ask:

1.  What the hell is going on with food safety and quality assurance?

2.  Why to date have no Salmonella culture positive cases from either outbreak been settled despite spending millions of dollars on legal defense fees?

One other thing, it is clear that the numbers the CDC cites as cases related to Pot Pies (238) and to Peanut Butter (628) are gross undercounts.  According to AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,”Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34.  The real numbers are some 38.6 times higher, or 9,187 ill in Pot Pies and 24,241 ill in Peanut Butter.

*  I am not implying that Reese's Peanut Butter has anything to do with ConAgra's mess.

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Salmonella typhimurium is a leading cause of human gastroenteritis. The genus Salmonella contains over 2,000 sero-species and is one of the most important pathogens in the family Enterobacteriaceae. Salmonella enterica serovar Typhimurium is the among the most common Salmonella serovars causing Salmonellosis infections in the US. In humans, Salmonellosis causes diarrhea, fever, and abdominal cramps 12 to 72 hours after infection and may last for up to 7 days. Some cases result in hospitalization. Salmonella is readily transmitted through the feces of people or animals. The incidence of non-typhoid salmonellosis (which is caused by Salmonella enterica typhi) is increasing worldwide, causing millions of infections and many deaths in the human population each year.



Fox 12 of Idaho reported today:

Salmonella Scare Prompts Health Warning

Boise, Idaho -- A salmonella scare has local health officials concerned.  A number of Salmonella infections have been reported across southern Idaho since mid September.  Experts at the Idaho Health and Welfare Department believe they could be linked to undercooked chicken pot pies.  Residents are being warned to follow cooking instructions carefully -- since some frozen convenience foods are not pre-cooked.

We understand that there may be in excess of 200 culture-positive Salmonella typhimurium ill persons nationwide tied to the consumption of chicken pot pies and turkey pot pies.  As I told Law and More blogger Jane Genova this evening, we have seen a disturbing trend of contacts with our office where Salmonella and Con Agra Banquet chicken and turkey pot pies seem linked.  It will be interesting to see what health officials do in the morning - "voluntary recall" perhaps?  No recall at all?  By the way, are pot pies USDA or FDA responsibility?

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