Personal Injury Law

Following One of the Largest US Food Recall, Marler Clark Files Second Peanut Butter Salmonella Lawsuit After Calling on Peanut Corporation of America to Pay Medical Bills and Wage Loss

Posted on January 29, 2009
One day after the Peanut Corporation of America (PCA) initiated one of the largest food recall in American history, foodborne illness law firm Marler Clark filed a second lawsuit in the Salmonella outbreak linked to their products. The lawsuit was filed against PCA in the US District Court of California, Northern District, on behalf of the Trone family of Crescent City, California...

Statement by the Parnell Family and Peanut Corporation of America (PCA)

Posted on January 29, 2009
The following Press Release was posted on the Peanut Corporation of America website.  The first and last parts seem to set a tone of contrition, but parts (dealing with testing of the product and knowingly shipping it) seem quite defiant: “The goal of Peanut Corporation of America over the past 33 years has always been to follow the U...

"Change is coming to America" Well, at Least to the Peanut Butter Industry

Posted on January 29, 2009
A cyber-friend sent me this photo which reminds me of a poster I have seen a few times and a t-shirt my daughter wears daily. Perhaps I should sell these on line?

Congressional Hearings Scheduled for February and Labs Under Scrutiny in Salmonella Peanut Butter Illnesses and Deaths

Posted on January 29, 2009
According to AP reports, Rep. Henry Waxman, D-Calif., chairman of the House Energy and Commerce Committee, will conduct hearings the week of February 11, 2009 into the cause of the Peanut Butter Outbreak that has sickened over 500 and killed eight.  It is anticipated that Mr...

To access this complete feed in the blog feed reader login or register for free.

Peanut Corporation of America - A Sunny Day in Blakely - Salmonella Capital of the World

Posted on January 29, 2009

Grocery Manufacturers Association Does it Correctly - Recall ALL Peanut Corporation of America Peanut Butter from January 1, 2007 to Present

Posted on January 28, 2009
January 28, 2009 To: GMA Members From: Robert E. Brackett, Ph.D. Senior Vice President and Chief Science and Regulatory Affairs Officer Subject: URGENT Update on Salmonella Recall It is our understanding that the current recall of peanut butter and peanut paste produced by Peanut Corporation of America (PCA) will be expanded to ALL products coming out of the PCA facility in Blakely, Georgia after January 1, 2007...

FDA Form 483 Inspection of Peanut Corporation of America - A Company Out of Control

Posted on January 28, 2009
Click below to get the full (somewhat redacted) 483 Inspection Report: Bottom line is that we are amending the complaint in the first filed civil case in Federal Court in Georgia to add a claim for Punitive Damages.  Even the "American Peanut Council (APC) expressed its shock and dismay at findings that report the Peanut Corporation of America (PCA) knowingly released a product with potential salmonella contamination into the food supply...

Salmonella Outbreak Update - Politicians and the Media are Paying Attention

Posted on January 28, 2009
While the Washington Post pondered if I would actually move from Seattle to Washington DC, yet another food recall was happening in the other - actual states.  Here is a "round-up" of a few choice quotes: Minneapolis Star-Tribune Bill Marler, a Seattle attorney who has been suing food makers for years on behalf of people who get sick, said he’s never seen a company accused of shipping products that tested positive for a foodborne pathogen...

Serving Up Trouble - This Month's Trial Magazine

Posted on January 28, 2009
When foodborne illness outbreaks occur, the source of the contamination is not always clear. Lawyers pursuing foodborne illness claims must carefully determine the applicable laws and identify the party that brought the product to market. These days, ready-to-eat produce is more popular than ever...

What Did The Georgia State Department of Agriculture Do at Peanut Corporation of America from 2006 to 2008?

Posted on January 28, 2009
Interesting reading - just click to download.

USDA Nears Decision on Food Safety Chief - Is "Change" on the way?

Posted on January 27, 2009
Ed O’Keefe of the Washington Post caught me by phone as I walked off the ferry Friday morning.  Either way this goes, I hope someone reads this - "Open Letter to a New Under Secretary for Food Safety - FSIS - The End of E. coli Conservatism...

FDA and CDC - Four Types of Salmonella Found at Peanut Corporation of America

Posted on January 27, 2009
According to AP, FDA and CDC officials say four kinds of salmonella have been identified in the growing investigation of tainted peanut products.  A congressional official briefed on the investigation said health officials have identified four types of salmonella as they focus on a Georgia facility...

Washington Post "Outs" My Job Search

Posted on January 27, 2009
Had a nice chat with Ed O’Keefe at 6:45 AM this morning (do you ever notice how people in DC think that their time must be your time?) for his post this afternoon – “Outspoken Food Safety Advocate Wants In.” Here is part of the post: Two leading candidates have emerged to serve as the Agriculture Department’s undersecretary for food safety, which leads the Food Safety Inspection Service (FSIS)...

Preview of FDA Form 483 Inspectional Observations of Peanut Corporation of America

Posted on January 27, 2009
There were 12 instances when a private laboratory hired by PCA tested products for PCA and found Salmonella positives. These products were retested and when a negative test result was allegedly received, PCA shipped the products. In one of these cases, the Salmonella strain was Typhimurium...

Hepatitis A in Green Onions - Its Impact on One Man

Posted on January 26, 2009
In late October 2003, Beaver County ER doctors reported an alarming number of Hepatitis A cases. Investigators from the Pennsylvania Department of Health initiated an investigation immediately and discovered that many, if not all, cases had eaten at Chi Chi’s restaurant in Monaca, Pennsylvania’s Beaver Valley Mall...

Three Families Spared Another Salmonella Peanut Butter Death - Ohio Reports 1 Not 4 Deaths

Posted on January 26, 2009
There was a bit of confusion over the weekend about whether there were one or four deaths in Ohio from eating Salmonella-tainted Peanut Butter.  At this point, we will assume that it is one per the Ohio Department of Health Press Release.  Good news is that it downgrades the death count from 11 to eight...

Another Salmonella Peanut Butter Outbreak - "Those who cannot learn from history are doomed to repeat it."

Posted on January 26, 2009
Five months after the Salmonella Typhimurium outbreak began, and nearly three weeks after the Minnesota Department of Health “spilled the beans” that tainted peanut butter was the vector, the public still has little idea why nearly 500 became ill with over 125 hospitalized and eight deaths...

"The more things change, the more they stay the same."

Posted on January 26, 2009
A quote by French novelist Alphonse Karr seems to fit all to well when comparing the Epidemiologic Curve of both the ConAgra 2006-2007 and the Peanut Corporation of America 2008-2009 Salmonella Peanut Butter Outbreaks.

E. coli O157:H7 in Bagged Spinach - Its Impact on One Woman

Posted on January 26, 2009
Official word of the bagged spinach outbreak broke with the FDA’s announcement, on September 14, 2006, that a number of E. coli O157:H7 illnesses across the country “may be associated with the consumption of produce.” Meanwhile, the FDA and CDC, in conjunction with local and state health agencies from across the country, worked feverishly to figure out the brand names associated with illness...

C. Botulinum Toxin - Botulism - in Canned Chili - Its Impact on One Man

Posted on January 26, 2009
On July 7, 2007, the Centers for Disease Control and Prevention (“CDC”) learned that two siblings in Texas were critically ill with botulism and that their illnesses were likely acquired by eating contaminated food. Four days later on July 11, public health officials in Indiana reported to the CDC that a married couple in Indiana were suspected of having foodborne botulism...

The New York Times Reports that Peanut Corporation of American was Cited for Violations in Past

Posted on January 26, 2009
(Actually, Channel 11 in Georgia reported it first).  491 (Actually 501) persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. Eight are dead. According to the CDC, patients range in age from <1 to 98 years; 48% are female and 22% reported being hospitalized...

The New York Times Reports that Peanut Corporation of America was Cited for Violations in Past

Posted on January 26, 2009
(Actually, Channel 11 in Georgia reported it first).  491 (Actually 501) persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. Eight are dead. According to the CDC, patients range in age from <1 to 98 years; 48% are female and 22% reported being hospitalized...

Subscribe to Marler Blog and Jump in with Comments

Posted on January 25, 2009
As this peanut butter recall expands, so has the readership of my blog (up 150%) and subscribers (up 20%).  Subscribe to Marler Blog and jump in with comments.

Ohio appears to be the State with most Peanut Butter Salmonella Illnesses and Deaths

Posted on January 25, 2009
Sixty-seven cases of Salmonella poisoning have been reported in Ohio, the most in any state during a nationwide outbreak linked to peanut butter products.  The Ohio Department of Health announced Friday that four deaths have been reported among the 67 cases and 19 people have been hospitalized...

Salmonella Peanut Butter Deaths - Ohio Counts 4, Minnesota 3, Virginia 2, Idaho 1 and North Carolina 1

Posted on January 24, 2009
It is likely that bird or rat feces in the peanut butter stated all of this.  The FDA list of products containing peanut butter continues to grow as does the list of the deaths.  This morning Ohio reported four more deaths linked to Salmonella-tainted peanut butter...

Ron Hicks Named Acting USDA FSIS Deputy Under Secretary for Food Safety

Posted on January 24, 2009
Agriculture Secretary Tom Vilsack has appointed Ron Hicks to lead the Office of Food Safety during the interim of the incoming administration.  Mr. Hicks recently served as FSIS’ Chief Operating Officer.  In this position, he monitored the daily operations of the Agency with a focus on the design, operations and improvement of FSIS’ management systems...

Updated Again - Salmonella Peanut Butter Deaths - Ohio Counts 4, Minnesota 3, Virginia 2, Idaho 1 and North Carolina 1

Posted on January 24, 2009
It is likely that bird or rat feces in the Peanut Corporation of America peanut butter started all of this.  There is the ever-expanding list of Salmonella free products.  The FDA list of products containing tainted peanut butter continues to grow as does the list of the deaths...

Updated Again and Again - Salmonella Peanut Butter Deaths - Ohio Counts 4, Minnesota 3, Virginia 2, Idaho 1 and North Carolina 1

Posted on January 24, 2009
It is likely that bird or rat feces in the Peanut Corporation of America peanut butter started all of this.  There is the ever-expanding list of Salmonella free products.  The FDA list of products containing tainted peanut butter continues to grow as does the list of the deaths...

Up Early - Talking Salmonella Peanut Butter at 3:00 AM

Posted on January 23, 2009
Had the pleasure to join John Hockenberry, Adaora Udoji and Nadia Zonis to talk about - "How to make our food safety system stronger" Salmonella-tainted peanut butter has sickened close to five hundred people in 43 states, and killed six. People started getting sick back in September, but the FDA has only recently pinpointed the source of the infection - King Nut brand peanut butter manufactured by Peanut Corporation of America in Blakely, Georgia...

Third Minnesota Death Linked to Salmonella Tainted Peanut Butter

Posted on January 23, 2009
Deaths have now hit seven; hospitalizations 108, with nearly 500 total sickened.  Peanut Corporation of America (PCA) has now laid off its employees; bankruptcy is in the offing because PCA only has $10,000,000 in insurance.  Nearly 200 lines of peanut products have been recalled...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.