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2nd Oregon Salmonella Victim to Sue ConAgra

By Dan Flynn and Suzanna Schreck

Today a Clackmas County man will become the second Oregon victim of a Salmonella outbreak linked to Marie Callender's Cheesy Chicken and Rice frozen dinners to file a lawsuit against ConAgra.

Kevin Taylor, Jr., who is represented by Marler Clark, the Seattle law firm that represents victims of foodborne illness nationwide, fell ill with a Salmonella infection on May 13, two days after consuming a Marie Callendar's frozen dinner.  

According to the lawsuit, which will be filed in U.S. District Court in Oregon, Taylor is uninsured and suffered several days of severe, bloody diarrhea before being rushed to an urgent care clinic, where he submitted samples for testing.  A stool sample submitted at the urgent care clinic tested positive for Salmonella Chester, matching the strain associated with the Marie Callender's Cheesy Chicken & Rice frozen dinners.

Taylor lost 10 pounds as a result of his illness and has yet to regain the weight.  

On June 17, ConAgra recalled Marie Callender's frozen dinner products nationwide after being notified by the Centers for Disease Conrol and Prevention (CDC) that the products were the source of a Salmonella Chester outbreak dating back to April 2010.

According to the CDC, a total of 30 individuals infected with a matching strain of Salmonella Chester have been reported from 15 states.  

On June 18, the CDC announced that the Minnesota Department of Agriculture Laboratory had isolated Salmonella Chester from an unopened package of the recalled product.

Taylor's Salmonella lawsuit is the second filed by Marler Clark in connection with the Marie Callender's Salmonella outbreak.  The firm filed a lawsuit on behalf of another Clackamas County resident on June 21.

"This is the second time ConAgra frozen dinners have been identified as the source of a Salmonella outbreak," said Drew Falkenstein, an attorney with Marler Clark.  "We represented dozens of clients in claims against ConAgra after a 2007 outbreak traced to pot pies.  Hopefully our experience dealing with ConAgra's legal team will lead to a swift resolution of claims for our clients."

In 2007 ConAgra recalled its Banquet chicken and turkey pot pies for Salmonella contamination after a Salmonella outbreak was traced to the products.  Over 400 people became ill with Salmonella infections during the 2007 Salmonella outbreak.  

Full post as published by Food Safety News on June 25, 2010 (boomark / email).