MINNEAPOLIS, Minn. — The sudden and unexpected death of a Minnesota woman who fell victim to a nationwide Salmonella outbreak has prompted a wrongful death lawsuit against Virginia-based Peanut Corporation of America (PCA) — a maker of bulk peanut butter and peanut paste.
Fred Pritzker, founder and president of national food safety law firm Pritzker | Olsen P.A., filed the complaint Monday in Hennepin County District Court in Minneapolis for the heirs and of Shirley Mae Almer, 72, of Perham, Minn. The suit also names King Nut Companies, an Ohio-based firm that distributed the contaminated peanut butter that came out of PCA’s plant in Blakely, Georgia. The product was delivered to a nursing home in Brainerd, Minnesota, where Mrs. Almer was temporarily residing.
According to the complaint, her death on December 21 was a direct result of consuming peanut butter that contained the same genetic strain of Salmonella that has sickened more than 500 other people in 43 states. On January 13, PCA initiated a recall that included the product that had been served to Mrs. Almer.
“This is a very large and significant recall,” Pritzker said. “It points to a number of vulnerabilities in our food safety system that require legislation and funding to correct. Consumers should feel concerned and demand a significant overhaul.”
The lawsuit alleges negligence on behalf of PCA and King Nut for failure to train and properly supervise peanut butter production workers and other employees; failure to safely produce, store and transport its products; failure to maintain sanitary conditions during and after production; failure to prevent cross-contamination and failure to properly test its products, as well as other acts of negligence.
The sut also alleges that PCA and King Nut are negligent per se for failing to comply with Minn. Stat. Chapter 31 and 21 USC Sec. 331.
The suit also makes a claim for damages under the doctrine of strict liability.
Pritzker said Mrs. Almer was the “canary in a coal mine” whose death helped lead health investigators to the plant in South Georgia. Now federal officials view the PCA plant as the outbreak’s lone, known source.
Mrs. Almer’s children were notified January 6 that she died with a Salmonella infection. Days later,the Minnesota departments of health and agriculture traced the problem to a five-pound pail of King Nut creamy peanut butter that had been in use at the nursing home.
Pritzker said grieving family members were angered to learn that the peanut butter served to Mrs. Almer contained the same deadly pathogen associated with hundreds of Salmonella infections since mid-September.
Mrs. Almer, who grew up in New York Mills, Minn.,still owned a bowling alley in Wadena. She had survived two bouts with cancer in recent years and was cancer free when she was sickened with Salmonella. Just before she became ill, family members were planning to take her out of the nursing home. Instead, she became so sick from the bacteria that she was taken to a hospital, where she died.
Weeks later, a second Minnesotan who was living in a nursing home in Brainerd died from the Salmonella outbreak. He was Clifford Tousignant, 78, of Duluth. Since then, a third Minnesota nursing home resident has died after becoming infected with the same strain of Salmonella. State health officials have not released the third victim’s name.
Pritzker | Olsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses (including E. coli, Listeria, Salmonella and Shigella). The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food. In addition, the firm is devoted to educating the public about food safety issues and advocating for badly needed food safety legislation and increased funding for the federal, state and local agencies charged with protecting our food and enforcing food safety laws.
Pritzker and members of his firm are frequent guests and commentators about food safety issues and have been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal and CNN.
For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker at (612) 338-0202. PritzkerLaw has offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402
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