Marler Clark Files New York Lawsuit in Salmonella Pine Nuts Outbreak

The Salmonella attorneys of Marler Clark, the nation’s leading law firm dedicated to representing victims of foodborne illness outbreaks, have filed a Salmonella lawsuit on behalf of a Rochester, New York man who was made ill after consuming Turkish pine nuts imported by Delaware-based American Pistachio Corp. The law firm is working in conjunction with the Rochester, New York-based law firm Underberg & Kessler.

According to the complaint (#11CV6561) which was filed in New York Federal District Court, college student Sean McGuirk consumed a pasta meal made with Turkish pine nuts on August 28, 2011. By September 3, he had developed gastrointestinal symptoms indicative of a Salmonella illness. Over the next week, Mr. McGuirk’s symptoms worsened, resulting in his missing class at St. John Fisher College. By September 9, he was taken to Strong Memorial Hospital where he underwent treatment until he was discharged on September 11. The Mr. McGuirk was notified by health officials that his illness was part of a Salmonella outbreak linked to imported Turkish pine nuts.

“While food companies need to ensure the safety of all the products they sell, producers and distributers should be especially vigilant when it comes to ready-to-eat foods such as pine nuts,” said McGuirk’s attorney, William Marler. “I am hopeful that American Pistachio will address this issue directly and proactively by not only making sure that the victims of this outbreak are compensated for their medical expenses, but by reevaluating their food safety procedures for the future.”

On October 27, Wegmans Food Markets recalled 5,000 pounds of pine nuts when the Centers for Disease Control and Prevention (CDC) announced that Turkish pine nuts sold in the grocery stores’ bulk bins were linked to a Salmonella Heidelberg outbreak that had sickened 42 people in five states. On November 4, the US Food and Drug Administration issued a warning to consumers not to eat Turkish pine nuts imported by New Jersey-based Sunrise Commodities. Sunrise Commodities is a name under which American Pistachio Corp. does business.

MARLER CLARK is the nation’s leading law firm dedicated to representing victims of foodborne illness and food poisoning. The firm’s Salmonlla lawyers have unmatched experience and have recovered over $600,000,000 for their clients. For more information or, if you are a member of the media and would like a copy of the complaint, please contact Cody Moore at or 206-407-2200.


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