All News / Outbreaks /

Castleberry’s should pay botulism victims’ medical bills, attorney says

SEATTLE, WA —Bill Marler, an attorney who has represented thousands of victims of foodborne illness outbreaks, including victims of botulism poisoning, called on Castleberry’s, the company whose chili and dog food products were recalled last month due to contamination with Clostridium botulinum, to pay all botulism outbreak victims’ medical bills today.

“Without prompt medical attention, some of the victims of this outbreak would likely be dead,” Marler said. “In past botulism cases we’ve handled, victims’ medical expenses have exceeded half a million dollars. In addition to a hospital stay, some of these people will likely go through months of physical therapy after they are released from the hospital. It all adds up, and it’s only right for the company responsible for their illnesses to step forward and front medical costs for families.”

Confirmed botulism cases since the recall was announced have been reported in Indiana (3), New Mexico (1) and Texas (2). Health officials are awaiting test results on a suspected case in Hawaii.

“Not only did Castleberry’s poison customers by putting out an unsafe product, it appears as though the company has conducted a very ineffective recall,” Marler continued, noting that consumers were confused about which products had been recalled because the Castleberry’s products had been sold under a number of different brand names, and did not specify that Castleberry’s was the manufacturer.

In Wednesday’s edition of the Indianapolis Star, Indiana State Health Commissioner Judy Monroe was quoted as saying, "It is obvious that there has been a recall failure." The statement was made after Indiana public health officials found more than 80 recalled products still on the shelves of some Indiana stores.

“More has to be done to protect American consumers,” Marler concluded.

BACKGROUND: William Marler is an attorney who dedicated his law practice to representing victims of victims of foodborne illness outbreaks since 1993, when he represented Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. Mr. Marler provides commentary about foodborne illness outbreaks and food safety at his blog, www.marlerblog.com.

More about the Castleberry's botulism outbreak can be found in the Case News area of this site.

Get Help

Affected by an outbreak or recall?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

Get a free consultation
Related Resources
What is Botulism?

Botulism is a life-threatening paralytic illness caused by neurotoxins produced by an anaerobic, gram-positive, spore-forming bacterium—Clostridium botulinum. Botulism is a rare disease and only affects a few hundred persons each...

Epidemiology and Microbiology of Botulism

C. botulinum bacteria and spores are widely distributed in nature because they are indigenous to soils and waters. They occur in both cultivated and forest soils, bottom sediment of streams...

Symptoms of Botulism

After their ingestion, botulinum neurotoxins are absorbed primarily in the duodenum and jejunum, pass into the bloodstream, and travel to synapses in the nervous system. There, the neurotoxins cause flaccid...

Detection and Treatment of Botulism

Although botulism can be diagnosed based on clinical symptoms, distinguishing it from other diseases is often difficult, especially in the absence of other known persons affected by the condition. Common...

Botulism Outcomes and Long-Term and Permanent Injury

In the past 50 years, mortality from botulism has fallen dramatically (from about 50% to 8%) because of advances in supportive care, which is the mainstay of treatment. The respiratory...

Outbreak Database

Looking for a comprehensive list of outbreaks?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

View Outbreak Database