ConAgra sued by Wisconsin resident sickened after eating Salmonella-tainted Banquet pot pie


SEATTLE, WA – A lawsuit was filed today against ConAgra, the company whose Banquet pot pies were identified as the source of a Salmonella outbreak in October. The lawsuit was filed in Federal District Court for the Eastern District of Wisconsin on behalf of Malone, Wisconsin, resident Eric Mand, who ate a Banquet pot pie in September and became ill with a Salmonella infection. Mr. Mand is represented by Marler Clark, the Seattle law firm dedicated to representing victims of foodborne illness.

In the complaint, attorneys allege that Mr. Mand consumed a Banquet pot pie in mid-September and became ill with severe gastrointestinal symptoms in the following days. Mr. Mand sought medical treatment at St. Agnes Hospital in Fond du Lac for symptoms of Salmonella infection on September 18 and 19. He submitted a stool specimen that tested positive for Salmonella serotype I 4,[5],12:i:-, the outbreak strain of Salmonella. Mr. Mand required follow-up medical treatment related to his Salmonella infection on September 27.

“Eric Mand needs to be compensated for what he went through,” said William Marler, managing partner at Marler Clark. “ConAgra produced and sold a food product that had the potential to kill, and by all rights they should be forced to compensate Eric and anybody else who got sick.”

On October 10, 2007, the Centers for Disease Control and Prevention (CDC) announced that 139 persons in 30 states had been infected with Salmonella serotype I 4,[5],12:i:- as a result of consuming Banquet pot pies. The implicated Pot Pies carry a code beginning with 5009. Marler Clark previously filed six lawsuits against ConAgra in connection with this outbreak. The lawsuits were filed on behalf of residents of Michigan, Minnesota, Nebraska, and Washington (3).

BACKGROUND: Marler Clark has represented thousands of victims of foodborne illness outbreaks since William Marler represented over 100 victims of the Jack in the Box E. coli outbreak in 1993. The firm has represented Wisconsin residents in litigation against Cargill, ConAgra, Dole, Emmpak, Excel, PM Beef Holdings, Sizzler, and Supervalu.

More about the ConAgra pot pie Salmonella outbreak can be found in the Case News area of this site.