Personal Injury Law

Lawsuit Filed in Nevada Botulism Case

By Bill Marler, Esq.

A federal lawsuit against Campbell's soup company, Albertson's markets and Save Mart claiming they were sickened and hospitalized for botulism poisoning after eating a can of chicken broth in 2006.

While Randy and Marjorie Main were being treated, the can of Swanson's seasoned chicken broth with roasted garlic was tested and C. Botulinum was found, according to the suit, filed in U.S. District Court in Reno.  According to the complaint, the Mains bought the chicken broth from an Albertson's grocery store on Pyramid Lake Highway in Sparks on Dec. 23, 2006, and added it to their mashed potatoes "in the manner described on the can of broth," the suit said.

They ate the potatoes on Dec. 26, and "developed symptoms consistent with botulism poisoning," including having trouble breathing and muscle weakness, the suit said.  Both were hospitalized, diagnosed and tested positive for botulism and were given an anti-toxin, the suit said. But they were unable to breathe on their own, and both were given tracheotomies and placed on ventilators, the suit said.  During this period, Randy Main "suffered a respiratory arrest that led to a hypoxic brain injury," the suit said. The couple had to stay in the hospital from December 2006 until March 2007, the suit said.

Full post as published by Marler Blog on November 22, 2008 (boomark / email).