Pritzker Law Firm Files Lawsuit against Peanut Corporation of America
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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Minnesota Salmonella Outbreak
474 people have been sickened in a 43-state salmonella outbreak that may have contributed to six deaths. So far, Minnesota has 35 known cases including at least two deaths linked to this outbreak. This outbreak has been linked to peanut butter. Two years ago, a large, multi-state salmonella outbreak was also linked to peanut butter.
An investigation by the Minnesota Department of Health suggested King Nut brand peanut butter manufactured by Peanut Corporation of America is a likely source of the bacteria causing the infection. Both companies have issued product recalls for their products.
A processing plant operated by Peanut Corporation of America in Georgia may be the source of the contamination. Tests at the plant were positive for salmonella. Because the plant also produces peanut butter paste used in a number of food products, a number of other companies have also issued recalls.
King Nut brand peanut butter is not sold in stores. It is sold on a wholesale basis to institutions such as nursing homes, schools, hospitals, etc.
More information about the outbreak from the Centers for Disease Control and Prevention is reprinted below.
PritzkerLaw, headquartered in Minnesota, is one of only a handful of law firms in the United States that specializes in foodborne illness cases, including in Salmonella. The firm has already been retained by the heirs of one of the Minnesota wrongful death victims, Shirley Almer. Another wrongful death victim of this outbreak is Clifford Tousignant of Brainerd, Minnesota .The firm is also representing other outbreak victims in Minnesota and throughout the United States. Lead attorney Fred Pritzker has already been interviewed by a number of newspapers and television stations about this outbreak.
If you believe you or a loved one has salmonella from this outbreak you should immediately contact the firm at 1-888-377-8900 (toll-free) or by email at fhp@pritzkerlaw.com.
Investigation Update: Outbreak of Salmonella Typhimurium Infections, 2008–2009
Update for January 17, 2009
CDC is collaborating with public health officials in many states and the United States Food and Drug Administration (FDA) to investigate a multistate outbreak of human infections due to Salmonella serotype Typhimurium.
As of 9PM EDT, Friday, January 16, 2009, 474 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (60), Colorado (11), Connecticut (8), Georgia (6), Hawaii (3), Idaho (11), Illinois (5), Indiana (4), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (40), Michigan (25), Minnesota (35), Missouri (9), Mississippi (1), Nebraska (1), New Hampshire (11), New Jersey (19), New York (19), Nevada (5), North Carolina (4), North Dakota (10), Ohio (64), Oklahoma (2), Oregon (5), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (4), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2).
Among the 458 persons with dates available, illnesses began between September 8, 2008 and January 2, 2009. Patients range in age from <1 to 98 years; 47% are female. Among persons with available information, 23% reported being hospitalized. Infection may have contributed to six deaths.
The outbreak can be visually described with a chart showing the number of persons who became ill each day. This chart is called an epidemic curve or epi curve. It shows that illnesses began between September 8, 2008 and January 2, 2009, with most illnesses beginning after October 1, 2008. Illnesses that occurred after December 18, 2008 may not yet be reported due to the time it takes between when a person becomes ill and when the illness is reported. This takes an average of 2 to 3 weeks.
Outbreak Investigation
The investigation is ongoing, and exposures to peanut butter and other peanut butter-containing products are being examined. Preliminary analysis of an epidemiologic study conducted by CDC and public health officials in multiple states comparing foods eaten by ill and well persons has suggested peanut butter as a likely source of the bacteria causing the infections. To date, no association has been found with major national brand name jars of peanut butter sold in grocery stores.
An epidemiologic investigation by the Minnesota Department of Health suggested King Nut brand creamy peanut butter as a likely source of Salmonella infections among many ill persons in Minnesota. The Minnesota Department of Agriculture Laboratory isolated the outbreak strain of Salmonella Typhimurium from an open 5-pound container of King Nut brand creamy peanut butter. This product is distributed in many states to establishments such as long-term care facilities, hospitals, schools, universities, restaurants, delis, cafeterias, and bakeries. It is not sold directly to consumers and is not known to be distributed for retail sale in grocery stores.
The Connecticut Department of Public Health Laboratory and the Georgia Department of Agriculture independently isolated Salmonella from unopened 5-pound containers of King Nut brand peanut butter. Further tests are pending to determine if this Salmonella is the outbreak strain.
Clusters of infections in several states have been reported in schools and other institutions, such as long-term care facilities and hospitals. King Nut is the only brand of peanut butter used in those facilities for which we have information.
King Nut is produced by Peanut Corporation of America in Blakely, Georgia. This facility is now recalling two products it makes: (1) peanut butter (made on or after August 8, 2008) and (2) peanut paste (made on or after September 26, 2008) at the Georgia facility. In many instances, the peanut butter and peanut paste is further distributed to manufacturers to be used as ingredients in many products, including cookies, crackers, cereal, candy, ice cream and other foods.
The list of products that may be affected is still being determined and is incomplete at this time. FDA and the product manufacturers are working to determine the list of affected products, which may be extensive. Some companies have already announced whether their products include ingredients being recalled by Peanut Corporation of America, Georgia, and more companies are expected to make similar announcements.
CDC with state partners is continuing to identify and interview ill persons. To clarify the types of peanut-butter containing foods that are associated with the outbreak, CDC is currently conducting a second national case-control study. State partners are also collecting and testing various peanut-butter containing foods.
Recommendations
Based on available information, CDC and FDA recommendations include:
For consumers
- Do not eat products that have been recalled and throw them away in a manner that prevents others from eating them.
- Postpone eating other peanut butter containing products (such as cookies, crackers, cereal, candy and ice cream) until information becomes available about whether that product may be affected.
- Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.
For retailers
- Stop selling recalled products.
For directors of institutions and food service establishments
- Ensure that they are not serving recalled products.
For manufacturers
- Inform consumers about whether their products could contain peanut butter or peanut paste from Peanut Corporation of America (PCA). If a manufacturer knows their products do not contain peanut paste from PCA, they should inform consumers of that.
To date, no association has been found with major national brand name jars of peanut butter sold in grocery stores.
For More Information
- For the latest information about the epidemiological investigation, go to the CDC Salmonella Typhimurium Outbreak Investigation Update website.
- For the latest information about recalled products, go to FDA Salmonella Typhimurium Outbreak site.
- More general information about Salmonella can be found on the CDC Salmonella website.
Public health officials will advise the public if more products are identified as being associated with the outbreak.
Clinical Features
Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12–72 hours after infection. Infection is usually diagnosed by culture of a stool sample. The illness usually lasts 4 to 7 days. Although most people recover without treatment, severe infections may occur. Infants, elderly persons, and those with impaired immune systems are more likely than others to develop severe illness. When severe infection occurs, Salmonella may spread from the intestines to the bloodstream and then to other body sites and can cause death unless the person is treated promptly with antibiotics.
More information on this investigation can be found below.
Minnesota Salmonella Death: 2 Minnesota Deaths Tied to Salmonella
A second death in Minnesota has been reported by health officials in connection with a nationwide Salmonella Typhimurium outbreak that has hit the state hard. The overall wave of 425 illnesses in 43 states has been tied to bulk packages of peanut butter by health investigators in Minnesota and at the U.S. Centers for Disease Control and Prevention.
Doug Schultz, a spokesman for the Minnesota Department of Health, told the Center for Infectious Disease Research and Policy (CIDRAP) that the second Minnesota patient who died with the Salmonella infection was a man in his 70s who lived in a nursing home and had numerous underlying health problems. Previously, a 72-year-old woman who also had underlying health conditions also died after being sickened by the bacteria. Two other outbreak-related deaths were reported in Virginia.
Top food safety lawyer Fred Pritzker of Minneapolis said Wednesday that he has been retained to represent the heirs of the Minnesota woman who died. Pritzker, whose firm is one of the few in the country that practices extensively in foodborne illness litigation, has experience in practically all major food poisoning outbreaks, including the 2007 Salmonella outbreak associated with Peter Pan and Great Value peanut butter.
To contact Fred Pritzker, please call (612)-338-0202, call 1-888-377-8900 (toll-free) or submit our free consultation form.
Minnesota now has 33 confirmed cases associated with the outbreak, up from 30 cases last week, the state department of health said. Schultz told CIDRAP that 12 of the patients were living in nursing homes and 13 were hospitalized.
After Minnesota investigators found Salmonella Typhimurium last week in a five-pound tub of King Nut creamy peanut butter that had been in use at a nursing home, Ohio-based King Nut Companies announced a voluntary recall of all of its peanut butter products. The brand, made under contract by Peanut Corporation of America, is sold only to foodservice accounts like long-term care facilities, hospitals, schools, and other institutions. Additional testing of the peanut butter in Minnesota confirmed a genetic match between the Salmonella in the peanut butter and the Salmonella found in the 43-state outbreak.
On Wednesday, more recalls were announced.
Virginia-based Peanut Corporation of America recalled King Nut and Parnell’s Pride peanut butter produced in its Blakely, Georgia, processing plant “because it has the potential to be contaminated with Salmonella.”
Later, Kellogg Company of Battle Creek, Mich., said it was putting a hold on all of its inventories of Austin and Keebler branded peanut butter sandwich crackers, peanut butter and jelly sandwich crackers, cheese and peanut butter sandwich crackers and peanut butter-chocolate sandwich crackers.
Kellogg said it was taking the step as a precaution and was unaware of any illness complaints. The company said the move was prompted by the Salmonella outbreak because Peanut Corporation of America supplies some of the peanut paste that goes into the peanut crackers.
