Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

Dinesh Ramde of Minneapolis Associated Press reported in "Man sues ConAgra over pot pie tainted with salmonella," on our client Eric J. Mand of Malone of Fond du Lac County who bought a ConAgra Banquet pot pie in mid-September. A few days after eating one, he became so sick with severe gastrointestinal symptoms that he required hospital care on two separate days. Today we filed in U.S. District Court for the Eastern District of Wisconsin a lawsuit on his behalf. I am on my way to Salt Lake City to mediate Dole Spinach E. coli cases, so one of my crack associates stepped into the media void:

"Foodborne illness is sometimes passed off as a mild stomachache but I assure you, if you talk to a victim like Eric, this is certainly not something you would ever want to go through," said Drew Falkenstein of the law firm Marler Clark. "This is not a flu virus."

Mr. Ramde also reported that my firm, “Marler Clark, based in Seattle, has filed six other lawsuits against ConAgra in connection with the pot pie recall. The others were filed on behalf of residents of Michigan, Minnesota and Nebraska, as well as three in Washington.”  We have been retained by 20 others.  According to the CDC, 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. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3).

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We filed two lawsuits today - one against Cargill on behalf of a Minnesota boy who became ill after eating an E. coli-contaminated hamburger and another on behalf of a Michigan man who became ill after eating a Salmonella-contaminated turkey pot pie.

In the Minnesota case:

According to the complaint, Scott Reber ate a hamburger made from a Cargill ground beef patty on September 22. By September 25, Scott had developed a gastrointestinal illness with symptoms typical of E. coli infection, and was hospitalized on September 28. While he was hospitalized, Scott’s parents learned that a stool specimen submitted for testing had tested positive for E. coli O157:H7.

Elk River family sues Cargill for E. coli

An Elk River family filed the second E. coli lawsuit against Cargill.  Elk River residents John and Barb Reber’s son Scott, 7, became ill with E. coli after eating a hamburger made from a Cargill ground beef patty.  According to the complaint, Scott ate a hamburger on Sept. 22 and by Sept. 25 had developed a gastrointestinal illness with symptoms typical of E. coli. He was hospitalized on Sept. 28.

And in the Michigan case:

According to the lawsuit, David Small ate a Banquet brand turkey pot pie on Saturday, September 24, 2007 and became ill with symptoms of Salmonella infection the following day. Mr. Small’s symptoms worsened over the next days, and he sought medical attention at Munson Medical Center on September 27, 2007. He was admitted and remained hospitalized until September 29. Mr. Small later learned that his stool specimen had tested positive for Salmonella serotype I 4,[5],12:i:-, the strain associated with the Banquet pot pie outbreak.

TC man sues over tainted pot pie

David Small regularly ate pot pies for lunch, but a recent bout with salmonella prompted the Traverse City man to sue the company that produced the tainted pies.  Small, 51, filed a lawsuit Thursday against ConAgra Foods Inc. and Tom's Food Markets Inc. after he said he was infected with salmonella in September.  ConAgra recalled all of its store-brand and Banquet pot pies Oct. 11 after a investigation by the Centers for Disease Control linked the tainted pies to recent salmonella outbreaks in several states.

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