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Salmonella victims should be compensated

This is a discussion on Salmonella victims should be compensated within the Defective Products forums, part of the Accident & Injuries Discussion Forums category; Orange County California: Our office was retained by a recent victim of Salmonella poisoning caused by ingesting peanut butter produced by ConAgra. The case is simple, within an hour of ingesting peanut butter, she had to go to the hospital where she suffered greatly, and if not for the heroics ...


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Old 08-13-2007, 04:36 PM
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Default Salmonella victims should be compensated

Orange County California: Our office was retained by a recent victim of Salmonella poisoning caused by ingesting peanut butter produced by ConAgra. The case is simple, within an hour of ingesting peanut butter, she had to go to the hospital where she suffered greatly, and if not for the heroics of the hospital staff, she would have died. No one knew what the cause of the illness was until days later when a recall came of the peanut butter she had ingested. When our client's husband checked the jar, opened and used the day of her illness, it was in fact the recalled product. Thank goodness none of their children had ingested the product. We represent victims of personal injury and product liability.

Our office put ConAgra on notice of the claim and tested the product by an independent lab. Testing confirmed the presence of Salmonella. ConAgra did nothing to investigate and ignored our client's claim. Over $25,000 in medical expenses were incurred and one would think ConAgra would do the right thing and adjust the claim. Not so.

In recent correspondence, ConAgra insists they be given the entire jar of peanut butter for their own testing. They have refused to take a sample for testing or rely on our independent lab testing, even though this jar is the exact recall and production at issue. Of course turning the evidence over to ConAgra is not wise, as it may be lost, contaminated or "misplaced". An injury claimant cannot take that risk and therefore litigation will be inevitable.

Note however that ConAgra was excited to report Friday that their product can now be sold again and is safe. Their president was quoted to the Associated Press as follows:

"Everyone who contacted ConAgra during the recall, including those who became ill after eating Peter Pan, will receive coupons for a free jar of the peanut butter, Palfenier said. We are obviously deeply concerned for those consumers who were affected by Peter Pan and (we) are taking, I'd say, extraordinary efforts to make that right," Palfenier said.

This posting may tell you otherwise. Publicity and crisis management aside, the real question is whether a company that refuses to reasonably adjust past claims caused by their incompetance, can be trusted again with our health and that of our children. It is one thing to say you and your company will do the right thing, it is another to actually do it. I won't be buying Peter Pan brand any time soon.
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Old 08-25-2007, 01:42 PM
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There's an attorney who specializes in peanut butter lawsuits and is helping people all over the nation. He even has videos about the salmonella outbreak on the site at peanutbutter-lawsuitlawyer.com
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Old 07-21-2008, 10:01 AM
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Quote:
Originally Posted by valcar View Post
There's an attorney who specializes in peanut butter lawsuits and is helping people all over the nation. He even has videos about the salmonella outbreak on the site at peanutbutter-lawsuitlawyer.com
Yeah. I have sen that video once. You can try to take action on the suggestion.
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Old 11-14-2008, 06:00 AM
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Default salmonella!

Salmonella poisoning can be quite deadly and it can lead to a multitude of complications later on. The company that propogated this through the 'peanut butter' should be taken to task irrespective of whether their current batch is salmonella free or not. I agree that legal action should be taken against this compay at the very earliest and do not provide the company with the whole bottle as this will surely lead to the 'evidence getting misplaced'.
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Old 07-01-2009, 08:53 AM
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I had no idea that people were really taking action against the companies due to salmonella. My son got sick from the Austin crackers from Costco. For two weeks he had diarrhea and was throwing up. It was awful. Never once did i think of taking legal action. But even if i knew about it i still don't think i would take action. People get sick from food in restaurants all the time and this is pretty similar but it just lasts longer.
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Old 07-07-2009, 01:10 PM
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Quote:
Originally Posted by jballidis View Post
Orange County California: Our office was retained by a recent victim of Salmonella poisoning caused by ingesting peanut butter produced by ConAgra. The case is simple, within an hour of ingesting peanut butter, she had to go to the hospital where she suffered greatly, and if not for the heroics of the hospital staff, she would have died. No one knew what the cause of the illness was until days later when a recall came of the peanut butter she had ingested. When our client's husband checked the jar, opened and used the day of her illness, it was in fact the recalled product. Thank goodness none of their children had ingested the product. We represent victims of personal injury and product liability.

Our office put ConAgra on notice of the claim and tested the product by an independent lab. Testing confirmed the presence of Salmonella. ConAgra did nothing to investigate and ignored our client's claim. Over $25,000 in medical expenses were incurred and one would think ConAgra would do the right thing and adjust the claim. Not so.

In recent correspondence, ConAgra insists they be given the entire jar of peanut butter for their own testing. They have refused to take a sample for testing or rely on our independent lab testing, even though this jar is the exact recall and production at issue. Of course turning the evidence over to ConAgra is not wise, as it may be lost, contaminated or "misplaced". An injury claimant cannot take that risk and therefore litigation will be inevitable.

Note however that ConAgra was excited to report Friday that their product can now be sold again and is safe. Their president was quoted to the Associated Press as follows:

"Everyone who contacted ConAgra during the recall, including those who became ill after eating Peter Pan, will receive coupons for a free jar of the peanut butter, Palfenier said. We are obviously deeply concerned for those consumers who were affected by Peter Pan and (we) are taking, I'd say, extraordinary efforts to make that right," Palfenier said.

This posting may tell you otherwise. Publicity and crisis management aside, the real question is whether a company that refuses to reasonably adjust past claims caused by their incompetance, can be trusted again with our health and that of our children. It is one thing to say you and your company will do the right thing, it is another to actually do it. I won't be buying Peter Pan brand any time soon.
This posting may tell you otherwise. I won't be buying Peter Pan brand any time soon.
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Old 09-24-2009, 06:17 PM
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Salmonella poisoning can be quite deadly and it can lead to a multitude of complications later on
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Old 01-09-2010, 06:54 PM
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It is notable that 142,000 Americans are infected each year with Salmonella enteritidis from chicken eggs. There are many sources of Salmonella. If it is spread due to unclean food processing centers, then they should be responsible.
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Old 01-20-2010, 02:53 PM
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Our office handles animal law matters as well as personal injury cases. It is important to remember that salmonella poisoning can cause serious injury or death in companion animals as well as in people.

Contamination can be present in animal foods and treats. The U. S. Food and Drug Administration, for example, recently warned consumers not to use Merrick Beef Filet Squares for dogs distributed by Merrick Pet Care with a package date of “Best By 111911” because the product may be contaminated with Salmonella.

Although no illnesses associated with these products have been reported, the FDA is advising consumers in possession of these products not to handle or feed them to their pets.
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Old 02-10-2010, 12:35 AM
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Salmonella poisoning is deadly those peanut butter should be check carefully
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