---
title: "Botulism Victim Seeks Justice From Castleberry's"
date: 2008-02-21T16:53:00-08:00
author: Bill Marler
canonical_url: "https://marlerclark.com/news_events/botulism-victim-seeks-justice-from-castleberrys"
section: News
---
[All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) /

# Botulism Victim Seeks Justice From Castleberry's

 

 

  We said the Main Stream Media would be catching up with the "[Bill Marler Blog"](http://www.marlerblog.com/) and we were right. One of the first to step up and tell the story of a botulism victim who has now filed a lawsuit against Castleberry’s Chili is the Sandusky Register. In the Ohio newspaper, reporter Cory Frolik writes:

> ***Carl Ours Jr. won’t be eating Castleberry Food Co.’s chili again***
> 
> ***The New London resident planned to file a lawsuit in federal court Wednesday or today.***
> 
> ***![](http://www.dickrhode.com/images/sandusky%20register%20logo.bmp)The civil lawsuit claims he developed botulism after eating some of the company’s chili sauce in late June 2007.***
> 
> ***Shortly after digging into a can of the chili on a camping trip, the 39-year-old man said he started having trouble chewing and swallowing food, and his muscles weakened.***
> 
> ***The symptoms grew worse, and he was flown by helicopter to Cleveland Clinic, where he was diagnosed with the potentially fatal illness, a draft of the lawsuit states.***
> 
> ***"He was in bad shape ," said his 72-year-old father, Carl Ours Sr. of Norwalk. "It was a life-or-death thing."***

The rest of Frolik’s story can be found [here.](http://www.sanduskyregister.com/articles/2008/02/21/front/615235.txt)

  

### Other Botulism Lawsuits

 [By Heart Infant Formula tied to Botulism Outbreak spikes to 51](https://marlerclark.com/by-heart-infant-formula-tied-to-botulism-outbreak)

 [Botulism Outbreak at Valley Oak Food and Fuel](https://marlerclark.com/botulism-outbreak-at-valley-oak-food-and-fuel)

 [Marler Clark Files Two Botulism Lawsuits](https://marlerclark.com/marler-clark-files-two-botulism-lawsuits)

 

 

 

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##### 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 ](https://marlerclark.com/contact) 

##### Related Resources

   

 

######  [What is Botulism?](https://marlerclark.com/foodborne-illnesses/botulism/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](https://marlerclark.com/foodborne-illnesses/botulism/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](https://marlerclark.com/foodborne-illnesses/botulism/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](https://marlerclark.com/foodborne-illnesses/botulism/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](https://marlerclark.com/foodborne-illnesses/botulism/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...

 

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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.

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  ](https://outbreakdatabase.com)
