Amid Massive Peanut Butter Recall, Marler Clark Files Second Salmonella Lawsuit


Firm Repeatedly Called on Peanut Corporation of America to Pay Medical Bills and Wage Loss

One day after the Peanut Corporation of America (PCA) initiated one of the largest food recalls 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. The family is represented by Marler Clark and by Richard Waite of Keeny, Waite, & Stevens.

“We’re filing this lawsuit because we have repeated requested that PCA immediately pay medical expenses and wage loss for all of the 501 people sickened by their products,” said the Trone’s attorney, Bill Marler. “There has been no response from them, none. It’s unconscionable.”

Up to and including Christmas Day, 2008, 3-year-old Bryson Trone ate peanut butter cracker sandwiches made with PCA’s peanut butter product. On December 26, he fell ill with fever and frequent bouts of diarrhea that turned bloody. When his symptoms worsened, he was admitted to the hospital, where he remained for 5 days. While hospitalized, he tested positive for the strain of Salmonella Typhimurium associated with the PCA outbreak. He continues to recover from his illness.

The outbreak of Salmonella Typhimurium began in August 2008, and the CDC reports that more than 500 people have been sickened and the infection contributed to eight deaths. The illnesses were first linked to peanut butter on January 9, and later traced to the PCA processing plant in Blakely, GA. The now-shuttered plant provided peanut butter and peanut paste used in many products, including cookies, candies, ice cream, nutrition bars, and dog treats. Dozens of companies have recalled hundreds of products, with more appearing every day. After FDA disclosures of ongoing contamination and questionable practices, PCA recalled all products manufactured in the plant since January 1, 2007.