Marler Clark
Files Salmonella Saintpaul Lawsuit Against
Wal-Mart
Source: Marler Clark
04 Aug 2008
via Medical News Today
The first lawsuit stemming from the Salmonella outbreak that
has sickened 1,319 people, hospitalized 255 and caused the death of two in 43
states, the District of Columbia and Canada was
filed today in the District Court of Montezuma County, Colorado. The complaint
was filed on behalf of Delores,
Colorado resident Brian Grubbs
against Wal-Mart and an unknown supplier, referred to as "John Doe."
Mr. Grubbs is represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and by Colorado attorney David Woodruff of Hillyard, Wahlberg, Kudla & Sloane.
The lawsuit states that the Grubbs family purchased raw
jalapeno peppers from the Wal-Mart Supercenter in Cortez,
Colorado in late June, and that
Mr. Grubbs ate them over the next week. He fell ill on July 3, experiencing
nausea, vomiting, fever, chills, and diarrhea. Over the next several days, Mr.
Grubbs' condition continued to worsen; he lost a great deal of weight, was
severely dehydrated, and could not walk without assistance. His wife drove him
to the Northern Navajo
Medical Center
in Shiprock,
New Mexico, where he was treated
for dehydration and decreased kidney and liver functions. Samples taken at the
time later revealed that he was positive for salmonella Saintpaul.
"Consumers believe that retailers like Wal-Mart know
the quality and safety of products they sell," said William Marler, the Grubbs' attorney. "Retailers benefit from
that trust, and must be held accountable for the products they sell."
The Grubbs family still possessed some of the peppers that
Mr. Grubbs had consumed, and provided them to authorities. Tests revealed that
the peppers were tainted with salmonella Saintpaul,
and provided one of the first reported physical links in the three-month-long
search for the source of the outbreak.
Salmonellosis illnesses from the Saintpaul strain began showing up in Texas
and New Mexico
in late April, and in early June the CDC linked those illnesses to raw tomatoes
and issued consumer warnings. Advisories were widened to include foods commonly
consumed with tomatoes, such as peppers, cilantro, and onions, then narrowed to
raw jalapeno and serrano peppers. On July 30, the FDA
confirmed the presence of salmonella Saintpaul at a
farm in Mexico,
both in irrigation water and on produce. The investigation is continuing. (A
full timeline of the outbreak can be found here. )
Salmonella is a bacterium that causes one of the most common
intestinal illnesses in the US:
salmonellosis infection. It can be present in
uncooked or undercooked meat, poultry, eggs, or unpasteurized dairy products,
as well as other foods contaminated during harvest, production, or packaging.
Symptoms can begin 6 to 72 hours from consumption, and include diarrhea,
abdominal cramps, fever, nausea, and/or vomiting. In most victims, symptoms
will lessen over a period of 10 days to 2 weeks, although it may take months
for body functions to return to normal. In others, the infection can lead to
more severe illnesses such as typhoid fever and bacteremia.
There are many strains of the bacterium; salmonella Saintpaul
is a fairly common serotype, but the specific subtype, or fingerprint,
associated with this outbreak is very rare.
BACKGROUND: Marler Clark has represented thousands of victims of foodborne illness outbreaks since the landmark Jack in the
Box E. coli case. The firm's attorneys have litigated high-profile food
poisoning cases against such companies as ConAgra, Wendy's, Chili's, Chi-Chi's,
and Cargill. Marler Clark
currently represents victims of outbreaks traced to ground beef, pot pies, and
spinach, as well as other foods. Contact Mary Siceloff
at msiceloff@marlerclark.com or (206) 719-4705. For further
information visit http://www.marlerclark.com and http://www.marlerblog.com.
Source: Marler Clark
medicalnewstoday.com