--- title: Seattle lawyer files class action lawsuit over peanut butter illnesses date: 2008-01-03T00:33:51-08:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/seattle-lawyer-files-class-action-lawsuit-over-peanut-butter-illnesses" section: News --- [All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) / # Seattle lawyer files class action lawsuit over peanut butter illnesses **Carol M. Ostrom, Seattle Times***February 20, 2007* A Kent woman and a Bellingham man have filed a class-action lawsuit against a Nebraska-based food manufacturer on behalf of people sickened by Salmonella infections after eating peanut butter later recalled for contamination. James Winston Daniels II of Bellingham missed several days of work after he made sandwiches using Great Value peanut butter purchased at a Wal-Mart store in Bellingham, according to the lawsuit. Linda Lee Oswald, of Kent, missed three days of work after she made peanut butter and jelly sandwiches using Peter Pan brand peanut butter. On Feb 14, the FDA warned consumers not to eat either Peter Pan and Great Value brands of peanut butter with jars carrying the product code of 2111, manufactured at ConAgra's Georgia plant, and recalled products with that code purchased since May of 2006. The suit, against ConAgra, Inc., was filed today in U.S. District Court for the Western District of Washington. It was filed by Seattle attorney Bill Marler, a specialist in food-safety cases who also filed suit in New York and Missouri last week against ConAgra. Calls to ConAgra were not immediately returned. The lawsuit estimates it may include over 3,000 potential class members. It excludes those who have been hospitalized or who died, whose cases would be handled separately, Marler said. He has been contacted by family members of four people who died after eating peanut butter, Marler added, but those cases have not been verified. As of Thursday, the Centers for Disease Control and Prevention counted nearly 300 people in 39 states, including four in Washington, who have been sickened since August. Not all cases have been linked to the implicated peanut butter. Marler said he expects the number to grow much larger. "From an epidemiological point of view, this has been one of the oddest outbreaks I've seen in 14 years of doing these cases," Marler said. Instead of happening all at one time, in specific areas, this outbreak has occurred over months, and has been spread out around the country. Because people may buy peanut butter and keep it on the shelf for months, people are coming forward who have been sickened for months at a time, or have gone through cycles of being sick, then recovering, then re-infecting themselves by eating the contaminated peanut butter again, Marler said. "There is an enormous miscount of the number of people sickened," he added, because most people who got sick were not tested, and were not suspicious of their peanut butter until last week. Only those who tested positive to the implicated strain are counted by the CDC, he noted. Marler said he plans to test about 1,500 jars of peanut butter for contamination. "Part of what we do is make sure that claims that are brought forward are legitimate and meritorious, because that helps the system move forward to correct itself," said Marler, who says he takes partial credit, through his lawsuits, for cleaning up the meat industry after outbreaks of E. coli, including one in Washington. ### Other Salmonella Lawsuits [64 with Salmonella tied to Oysters](https://marlerclark.com/64-with-salmonella-tied-to-oysters) [Vega Farms Salmonella Outbreak Sickens 63](https://marlerclark.com/vega-farms-salmonella-outbreak-sickens-63) [Green Supplement causes Salmonella Outbreak](https://marlerclark.com/green-supplement-causes-salmonella-outbreak) [Salmonella Outbreak tied to Metabolic Meals](https://marlerclark.com/salmonella-outbreak-tied-to-metabolic-meals) [Kentucky Salmonella outbreak linked to Ramsey’s Diners and Missy’s Pies](https://marlerclark.com/kentucky-salmonella-outbreak-linked-to-ramseys-diners-and-missys-pies) [Salmonella Egg Outbreak sickens 63 in California](https://marlerclark.com/salmonella-egg-outbreak-sickens-63-in-california) [Cucumbers with Salmonella - Again](https://marlerclark.com/cucumbers-with-salmonella-again) [Aladdin Mediterranean Restaurant Linked to Salmonella Outbreak in San Diego - 89 Sick](https://marlerclark.com/aladdin-mediterranean-restaurant-linked-to-salmonella-outbreak-in-san-diego) [Italian Pastries tied to illnesses in the US and Canada](https://marlerclark.com/italian-pastries-tied-to-illnesses-in-the-us-and-canada) [Cucumbers sicken 100 in 23 States with Salmonella](https://marlerclark.com/cucumbers-sicken-68-in-19-states-with-salmonella) [Madre’s Oaxacan Restaurant linked to Salmonella Outbreak - 44 Sick](https://marlerclark.com/madres-oaxacan-restaurant-linked-to-salmonella-outbreak) [Salmonella Outbreak linked to Cucumbers sickens 551 in 31 States](https://marlerclark.com/salmonella-outbreak-linked-to-cucumbers-sickens-162-in-25-states) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### 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 ###### [Salmonella Food Poisoning](https://marlerclark.com/foodborne-illnesses/salmonella/about-salmonella) What is Salmonella and how does it cause food poisoning? The term Salmonella refers to a specific group of gram-negative bacteria with the potential to cause gastrointestinal distress and other... ###### [The Incidence of Salmonella Infections](https://marlerclark.com/foodborne-illnesses/salmonella/the-incidence-of-salmonella-infections) Typhoidal Salmonella Salmonella enterica serotypes Typhi, Sendai, and Paratyphi A, B, or C are found exclusively in humans. These serotypes, collectively referred to as typhoidal Salmonella, cause enteric fever (also... ###### [The Prevalence of Salmonella in Food and Elsewhere](https://marlerclark.com/foodborne-illnesses/salmonella/the-prevalence-of-salmonella-in-food-and-elsewhere) Most Salmonella infections are caused by eating contaminated food. One study found that 87% of all confirmed cases of Salmonella are foodborne. Foods of animal origin, including meat, poultry, eggs... ###### [Transmission of Salmonella Bacteria](https://marlerclark.com/foodborne-illnesses/salmonella/transmission-of-salmonella-bacteria) In the past two decades, consumption of produce, especially sprouts, tomatoes, fruits, leafy greens, nuts, and nut butters, has been associated with Salmonella illnesses. The surface of fruits and vegetables... ###### [Symptoms of Salmonella Infection](https://marlerclark.com/foodborne-illnesses/salmonella/salmonella-symptoms-risks) Symptoms of Salmonella infection include painful abdominal cramps, diarrhea, and fever. Salmonella infections can have a broad range of illness, from no symptoms to severe illness. The most common clinical... ##### 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 ](https://outbreakdatabase.com)