Personal Injury Law

Wrongful Death Lawsuit Filed Over Elderly Nursing Home Resident?s Salmonella-Related Death from Allegedly Eating Peanut Butter

By Jack Lebowitz, Esq. and Vadim Mzhen, Esq.

The family of Shirley Mae Almer is suing Peanut Corporation of America and King Nut Companies for her wrongful death. The 72-year-old nursing home resident allegedly died after she ate the peanut butter that was served to her at the facility where she was staying. A tub of peanut butter found at the nursing home contained Salmonella typhimurium, the same strain of salmonella that has made a number of other people in the US sick.

The Centers for Disease Control says there have been at least 501 reports of Salmonella typhimurium-related food poisoning. 108 people required hospitalization. 8 of the cases resulted in deaths. Over 280 cases involved minors.

Almer died on December 21, 2008. Her family?s wrongful death lawsuit accuses the defendants of failure to safely manufacture, package, and transport the peanut butter, failure to properly train and supervise employees, failure to maintain hygienic conditions at the peanut butter plant, failure to test the peanut butter before sending the products off, and failure to prevent cross-contamination.

Peanut Corporation of America is the company that made thousands of pounds of the contaminated peanut better. On January 27, 2009, federal health official reported finding Salmonella typhimurium, as well as four other strains of salmonella, at the peanut butter manufacturing plant. King Nut Companies supplied the peanut butter to the nursing home.

Over 300 peanut butter-related recalls have occurred because of the Salmonella outbreak. Peanut Corp sells peanut paste to almost 100 manufacturers of nutrition bars, cookies, peanut butter crackers, and ice cream. More recalls are expected.

If you got sick or someone you love died because of a contaminated food product, you may have grounds to file a products liability lawsuit.

FDA: Peanut plant knew product was tainted with salmonella, CNN Health, January 28, 2008

Family sues over salmonella-related death, Forbes/AP, January 27, 2009

Related Web Resources:
Read the Food and Drug Administration's Inspection Report of Peanut Corporation of America

View a List of Peanut Butter Recalls

Full post as published by Maryland Accident Law Blog on January 29, 2009 (boomark / email).