Marler Clark Files Claim Against Juice Maker


SEATTLE, WA -- Marler Clark, a Seattle law firm, announced the filing of a claim on behalf of Huntington Beach, California resident, Charla Kabana, against Glendora, California-based California Day-Fresh Foods. Ms. Kabana became infected with Salmonella after consuming orange juice contaminated with the bacteria.

“We hope not only to resolve this matter directly with California-Day Fresh Foods, but also to work with them to stop the production and sale of unpasteurized fruit juices,” said William Marler, attorney for Ms. Kabana. Mr. Marler continued, “As I said after the Odwalla outbreak in 1996, and the Sun Orchard outbreak in 1999, it’s simply outrageous that after all we know about the importance of pasteurizing fruit juice, we still have companies selling unpasteurized juices, and the government is still allowing it. This simply must stop.”

There have been several major outbreaks of salmonellosis related to contaminated orange juice. In 1995, over 60 people became ill in Florida from drinking orange juice contaminated with multiple strains of the Salmonella bacteria. Another outbreak in 1999 sickened over 200 people who consumed tainted orange juice sold by Sun Orchard Inc.

Salmonella is usually transmitted to humans by eating foods contaminated with animal feces. Young children, the elderly, and the immunocompromised are the most likely to have severe infections. The acute symptoms of Salmonella gastroenteritis include the sudden onset of nausea, abdominal cramping, and bloody diarrhea with mucous. There is no real cure for a Salmonella infection, only treatment of the symptoms. For most strains of Salmonella, the fatality rate is less than one percent. Salmonella infections usually resolve within 5-7 days, and often do not require treatment unless the patient becomes severely dehydrated or the infection spreads from the intestines. Persons with diarrhea usually recover completely, although it may be several months before their bowel habits are entirely normal.

There has been a dramatic rise in the incidence of salmonellosis all over the world, including the United States. Every year, approximately 40,000 cases of salmonellosis are reported in the United States. Because many milder cases are not diagnosed or reported, the actual number of infections is sometimes estimated to be twenty or more times greater. It is estimated that approximately 1,000 persons in the United States die each year with acute salmonellosis.

BACKGROUND INFORMATION: Marler Clark has extensive experience representing victims of food-borne illness. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box. This settlement created a Washington State record for an individual personal injury action. Mr. Marler also represented several other victims from the 1993 Jack in the Box outbreak with numerous cases settling for more than $1.5 million each. In May 1998, he settled the 1996 Odwalla Juice E. coli outbreak for the five families whose children were severely injured after consuming Odwalla brand apple juice. Marler Clark also has represented victims of salmonellosis stemming from unpasteurized orange juice, sprouts and cereal.

For additional information, please contact Marler Clark at 206-346-1888 or visit www.marlerclark.com