According to the CDC, a total of 265 people infected with the outbreak strains of Salmonella Typhimurium were reported from 8 states. WGS performed on bacteria isolated from ill people showed that they were closely related genetically.  Illnesses started on dates ranging from January 8, 2018, to March 20, 2018. Ill people ranged in age from less than 1 year to 89 years, with a median age of 57. Sixty-seven percent of people were female. Ninety-four hospitalizations were reported, including one person from Iowa who died. Epidemiologic, laboratory, and traceback evidence indicated that chicken salad produced by Triple T Specialty Meats, Inc. and sold at Fareway grocery stores was the likely source of this multistate outbreak.

Yet, this in part is Triple T’s response to a lawsuit filed on behalf of 1 of the 265:

DEFENDANT TRIPLE T SPECIALTY MEATS, INC.’S ANSWER TO SECOND AMENDED COMPLAINT, JURY DEMAND AND AFFIRMATIVE DEFENSES

COMES NOW the Defendant, Triple T Specialty Meats, Inc. (hereinafter “Triple T”), by and through their attorneys, Betty, Neuman & McMahon, P.L.C., and for its Answer to Plaintiffs’ Second Amended Complaint, states as follows:

Admits that Triple T is a citizen of the State of Iowa. Triple T admits that it produced chicken salad for Fareway.

Admit that Triple T produced Fareway chicken salad at the times relevant to this petition.

Admits that Salmonella is unsafe but denies that the food contained Salmonella.

Fareway shoots back at Triple T with its own lawsuit:

DEFENDANT FAREWAY STORES, INC.’S ANSWER, AFFIRMATIVE DEFENSES, JURY DEMAND AND CROSS-CLAIMS AGAINST DEFENDANT TRIPLE T SPECIALTY MEATS, INC.

COME NOW Defendant Fareway Stores, Inc. (“Fareway”), by and through its attorneys, for its Answer to Plaintiffs’ Second Amended Complaint (“Complaint”) and for its Affirmative Defenses, states as follows:

Upon information and belief, Fareway admits that state and federal regulators have identified multiple confirmed or probable cases of Salmonella Typhimurium in multiple states related to adulterated chicken salad manufactured by Triple T and unknowingly sold by Fareway.

Fareway admits that on February 14, 2018, the U.S. Department of Agriculture’s Food Safety and Inspection Service (“FSIS”) issued a statement, which speaks for itself.

Fareway admits the chicken salad Fareway sold at times relevant to Plaintiffs’ Complaint was produced by Triple T in Ackley, Iowa.

Fareway admits that at times relevant to Plaintiffs’ Complaint, Triple T distributed its chicken salad to Fareway in five-pound bags, packed two to a sealed cardboard box. Fareway further admits it repackaged and sold Triple T chicken salad to consumers in various sized plastic deli containers.

Upon information and belief, Fareway admits it unknowingly sold to consumers adulterated chicken salad that was manufactured by Triple T.

Fareway admits that Triple T manufactured a food product, including chicken salad, that was intended for sale to the public.

Fareway admits that Triple T manufactured and distributed ready-to-eat chicken salad that was contaminated with Salmonella Typhimurium.

Fareway admits that if Plaintiff suffered damages from eating chicken salad adulterated with Salmonella Typhimurium, then Triple T is strictly liable for Plaintiffs’ Damages.

Fareway admits that Triple T owed a duty to consumers and Fareway to use reasonable care when making representations about the certifications its ready-to-eat chicken salad had undergone prior to its distribution and sale of product, and that Triple T breached this duty.

Fareway admits that Triple T had a duty to comply with all statutes, laws, regulations or safety codes pertaining to the manufacture, distribution, storage and sale of its food products, failed to do so, and were therefore negligent.

Fareway admits Triple T breached the duties it owed to consumers of its ready-to-eat chicken salad and Fareway by committing the negligent acts and omissions.

Fareway admits Triple T had a duty to comply with statutory and regulatory provisions that pertained or applied to the manufacture, distribution, storage, labeling and sale of its food products, and that Triple T breached these duties.

Fareway admits Triple T had a duty to use reasonable care in the manufacture, distribution, and sale of its food products to prevent adulteration with Salmonella, and that Triple T breached this duty.

Fareway admits that if Plaintiffs consumed Triple T ready-to-eat chicken salad adulterated with Salmonella Typhimurium, and suffered injuries as a result, then Plaintiffs’ injuries, if any, proximately and directly resulted from the negligence of Triple T and Triple T’s violations of statutes, laws, regulations and safety codes pertaining to the manufacture, distribution, storage, and sale of food.

CROSS-CLAIMS AGAINST DEFENDANT TRIPLE T SPECIALTY MEATS, INC.

Defendant Fareway Stores, Inc. (“Fareway”), by and through its attorneys, and for its Cross-Claims against Defendant Triple T Specialty Meats, Inc. (“Triple T”), Fareway, by its undersigned attorneys, and pleading in the alternative and without prejudice to its answer to Plaintiffs’ Complaint, states as follows:

Triple T produced ready to-eat chicken salad, which it sold to Fareway for sale for human consumption. Fareway then sold the ready-to-eat chicken salad produced by Triple T to Fareway’s customers, including, as alleged in their Complaint, Plaintiffs.

On February 9, 2018, the Iowa Department of Inspections and Appeals (“IDIA”) contacted Fareway about a potential link between ready-to-eat chicken salad produced by Triple T and sold by Fareway and a multi-state outbreak of illnesses from Salmonella Typhimurium. That same day, Fareway voluntarily stopped selling the ready-to-eat chicken salad in all its stores.

On February 13, 2018, the IDIA and the Iowa Department of Public Health (“IDPH”) issued a consumer advisory warning that the Triple T chicken salad sold at Fareway stores may be adulterated with Salmonella Typhimurium.

An epidemiological investigation and product testing conducted by IDIA and IDPH, along with the Centers for Disease Control (“CDC”) and the U.S. Department of Agriculture’s Food Safety and Inspection Service (“FSIS”), concluded, “Epidemiologic and laboratory evidence indicates that chicken salad produced by Triple T and sold at Fareway grocery stores is the likely source of this multistate outbreak.”

Specifically, FSIS stated, “The Iowa Department of Public Health, Iowa Department of Inspections and Appeals, and Iowa State Hygienic Laboratory determined that there is a link between the chicken salad from Triple T Specialty Meats, Inc. and this outbreak.”

On February 21, 2018, following this extensive investigation, Triple T recalled all ready-to-eat chicken salad that it produced between January 2, 2018, and February 7, 2018.

The ready-to-eat chicken salad was produced by Triple T, sold to Fareway, and shipped to Fareway stores in Iowa, Illinois, Minnesota, Nebraska, and South Dakota.

Triple T’s website represents that its meat processing facility in Ackley is “state- of-the-art” and “federally inspected.” Triple T’s website also states: “Our professional staff take pride in their work and providing you with the safest high-quality products available.” Triple T’s website goes on to state: “We go to great lengths to ensure that our customers receive nothing but the highest quality products. All products must pass our quality assurance inspection, meeting our customer’s specifications.”

Triple T also owed a duty to Fareway to use reasonable care to manufacture and distribute ready-to-eat chicken salad that was wholesome, free from adulteration and safe for human consumption.

Triple T breached these duties by manufacturing ready-to-eat chicken salad that was adulterated with Salmonella Typhimurium and was therefore defective as a matter of law under the Poultry Products Inspection Act, 21 U.S.C. § 458 and 9 CFR § 381 et seq. and was not safe for human consumption.

Triple T manufactured and distributed ready-to-eat chicken salad that was defective as a matter of law and not reasonably safe for human consumption because it was adulterated with Salmonella Typhimurium.

The chicken salad’s defective condition was present at the time Triple T sold the product to Fareway and Fareway then sold it to consumers.

Because Triple T sold a food product that was defective, due to contamination with Salmonella Typhimurium bacteria, Triple T is strictly liable to Fareway for the harm directly and proximately caused by the sale of the defective ready-to-eat chicken salad.

Triple T expressly warranted on its public website that Triple T provides customers such as Fareway with the “safest high-quality products available.” Triple T also represented on its website that, “We go to great lengths to ensure that our customers receive nothing but the highest quality products. All products must pass our quality assurance inspection, meeting our customer’s specifications.”

Fareway relied on these express warranties when purchasing chicken salad from Triple T.

By producing and selling ready-to-eat chicken salad that was adulterated with Salmonella Typhimurium at the time Triple T sold the chicken salad to Fareway, Triple T violated applicable laws and regulations, including the Poultry Products Inspection Act, 21 U.S.C. § 458 and 9 CFR § 381 et seq.

By producing and selling ready-to-eat chicken salad that was adulterated with Salmonella Typhimurium and violating applicable laws and regulations, Triple T failed to provide Fareway with food products that were of the safest quality; thereby breaching its express warranty.

By producing and selling ready-to-eat chicken salad that was adulterated with Salmonella Typhimurium and violating applicable laws and regulations, Triple T did not provide Fareway with the highest-quality products available; thereby breaching its express warranty.

This lawsuit will be entertaining.