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Wrongful Death Suit Filed Against Peanut Corp.
Court Watch |
2009/02/02 17:32
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The sudden and unexpected death of a Minnesota woman who fell victim to a nationwide Salmonella Typhimurium outbreak has prompted a wrongful death lawsuit against Virginia-based Peanut Corporation of America (PCA) -- a maker of bulk peanut butter and peanut paste.
Fred Pritzker, founder and president of national food safety law firm Pritzker | Olsen, P.A., filed the complaint Monday in Hennepin County District Court in Minneapolis for the heirs and of Shirley Mae Almer, 72, of Perham, Minnesota: Jeffrey Almer as trustee of the heirs of Shirley Mae Almer v. Peanut Corporation of America, a Virginia business entity and King Nut Companies, an Ohio business entity.
King Nut Companies is an Ohio-based firm that allegedly distributed the contaminated peanut butter that came out of PCA's plant in Blakely, Georgia, according to the complaint.
According to the complaint, the product was delivered to a nursing home in Brainerd, Minnesota, where Mrs. Almer was temporarily residing.
The complaint alleges that her death on December 21 was a direct result of consuming peanut butter that contained the same genetic strain of Salmonella that has sickened more than 500 other people in 43 states. On January 13, the FDA announced that PCA initiated a recall that included the product that had been served to Mrs. Almer.
"This is a very large and significant recall," Pritzker said. "It points to a number of vulnerabilities in our food safety system that require legislation and funding to correct. Consumers should feel concerned and demand a significant overhaul."
The complaint alleges negligence on behalf of PCA and King Nut for failure to train and properly supervise peanut butter production workers and other employees; failure to safely produce, store and transport its products; failure to maintain sanitary conditions during and after production; failure to prevent cross-contamination and failure to properly test its products, as well as other acts of negligence.
The complaint also alleges that PCA and King Nut are negligent per se for failing to comply with Minn. Stat. Chapter 31 and 21 USC Sec. 331.
The complaint also makes a claim for damages under the doctrine of strict liability.
Pritzker said Mrs. Almer was the "canary in a coal mine" whose death helped lead health investigators to the plant in South Georgia. Now federal officials view the PCA plant as the outbreak's lone, known source.
According to the complaint, Mrs. Almer's children were notified January 6 that she died with a Salmonella infection. Days later, the Minnesota departments of health and agriculture traced the problem to a five-pound pail of King Nut creamy peanut butter that had been in use at the nursing home.
Pritzker said grieving family members were angered to learn that the peanut butter served to Mrs. Almer contained the same deadly pathogen associated with hundreds of Salmonella infections since mid-September.
Mrs. Almer, who grew up in New York Mills, Minnesota, still owned a bowling alley in Wadena. She had survived two bouts with cancer in recent years and was cancer free when she was sickened with Salmonella. Just before she became ill, family members were planning to take her out of the nursing home. Instead, she became so sick from the bacteria that she was taken to a hospital, where she died.
Pritzker | Olsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses (including E. coli, Listeria, Salmonella and Shigella). The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food. In addition, the firm is devoted to educating the public about food safety issues and advocating for badly needed food safety legislation and increased funding for the federal, state and local agencies charged with protecting our food and enforcing food safety laws.
Pritzker and members of his firm are frequent guests and commentators about food safety issues and have been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal and CNN. |
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KBR & Halliburton Accused in Class Action
Law Firm News |
2009/01/28 17:12
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KBR, Kellogg Brown & Root and Halliburton knowingly exposed U.S. troops to water contaminated by sewage and made soldiers sick by burning toxic waste unsafely, a class action claims in Montgomery County Court. The class claims that when KBR found it was giving troops contaminated water, it told its water quality specialist "to concern himself only with the health and safety of KBR personnel."
The class claims KBR earned $4.8 billion in Iraq in 2006 - 45% of the company's revenue that year - and that the defendants "acted egregiously merely to make more money for themselves."
The complaint cites a 2008 report from the Defense Department's Inspector General that confirmed that KBR supplied unsafe water to U.S. troops. It cites a 2006 report from KBR itself that found KBR's failure to disinfect water "caused an unknown population to be exposed to potentially harmful water for an undetermined period of time," and that "the deficiencies of the camp where the event occurred is not exclusive to that camp, meaning that countrywide, all camps suffer to some extent from all or some of the deficiencies noted."
They claim KBR's report admitted that the company kept little or no documentation on its water safety, standards or procedures.
The complaint states: "Former KBT employees and water quality specialist Ben Carter and Ken May told Halliburton Watch that KBR knowingly exposed troops and civilians to contaminated water from the Euphrates and Tigris Rivers. Ben Carter, a water quality specialist who worked for KBR at Junction city, testified that he tested water and found it was polluted with sewage and other contamination and that it was not being chlorinated. He then treated the tanks for the KBR employees and told company managers the military should be alerted so they could treat their tanks as well. Carter told the media that he was ordered by his KBR supervisor to concern himself only with the health and safety of KBR personnel. KBR was supposed to test the water three times daily to confirm safety but, according to Carter, such testing never occurred."
The class seeks medical monitoring and punitive damages for negligence, breach of duty, willful and wanton conduct, and other charges. They are represented by William O'Neil with Burke O'Neil of Washington, D.C. |
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Testing firm sues NYC to lift license suspensions
Law Firm News |
2009/01/27 23:15
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| A company accused of faking tests on concrete and steel at the new Yankee Stadium, the Freedom Tower and over 100 other projects is suing New York City to lift suspensions of their licenses. Testwell Inc. asserts in state Supreme Court papers that the city suspended its licenses "unlawfully" in October after the company was indicted on enterprise corruption charges. Testwell says the charges have not been proven. Testwell says an administrative law judge recommended lifting the suspensions but last week the city rejected that recommendation. The city Law Department says it is reviewing Testwell's court papers. The city has been attempting to retest concrete and steel handled by Testwell on some buildings, although prosecutors say no weaknesses have been found. |
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Six-figure Cabinet jobs sometimes mean a pay cut
Legal Opinions |
2009/01/27 23:15
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| Jobs in President Barack Obama's Cabinet come with a pay cut for some of his appointees, who made millions from investments and lucrative careers in law, lobbying and business before joining his administration, according to financial reports the government released Tuesday. At least one must sell stock to avoid potential conflicts of interest. Obama's choice for deputy defense secretary, William J. Lynn, until recently a lobbyist for military contractor Raytheon, holds Raytheon incentive stock valued at $500,001 to $1 million, the documents show. The stock is due to vest next month. He has Raytheon "unvested restricted stock" worth $250,001 to $500,000. Lynn has said he will sell the stock. He received a salary of $369,615 last year as a Raytheon senior vice president, and is expecting a 2008 cash bonus of $100,001 to $250,000 to be paid this March, his report shows. Obama has given Lynn a waiver from ethics rules banning employees from taking part in decisions related to their former employers for two years and prohibiting them from taking jobs in agencies they recently lobbied. If he is confirmed as expected, Lynn will be subject to ethics reviews for one year. Government ethics rules require senior administration officials to provide details annually on their personal finances. The reports include descriptions of assets, income and debt — typically given in ranges rather than exact amounts — and lists of gifts and any outside positions. The disclosures are intended to shine a light on and help avoid any potential conflicts of interest. The report for Obama's nominee to become attorney general, Eric Holder, shows he received $3.3 million, including deferred compensation, as a partner at the law firm Covington & Burling, far more than the $196,700 he would make as a member of Obama's Cabinet. He anticipates receiving a $1 million to $5 million partner separation payment when he leaves the firm. |
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