Second lawsuit filed by victims of national Salmonella outbreak traced to peanut butter


ROCHESTER, NY – A New York family filed suit against ConAgra this afternoon in United States District Court for the 0Western District of New York. The lawsuit was filed by Marler Clark, the Seattle law firm that filed a similar lawsuit on behalf of a Missouri family early Friday, and Rochester, New York, attorney Paul Nunes. Plaintiffs in the lawsuit are Nicolas Avalone and Tracy Hubright of Ontario, New York.

Mr. Avalone and the couple’s son are two of at least 300 people who have become ill with Salmonella infections after eating Peter Pan or Great Value peanut butter that was produced in ConAgra’s Georgia plant. All Peter Pan and Great Value peanut butter with a lot code of 2111 was recalled on February 14, after an investigation by the Centers for Disease Control and Prevention revealed that the peanut butter was the source of a nationwide outbreak of Salmonella illnesses.

“We have bee contacted by over 500 people who experienced gastrointestinal illnesses for months, but most – like Nicholas and Tracy – never considered that peanut butter could be a source of illness until they heard about the recall,” said Bill Marler, managing partner of Marler Clark.

“We’ve worked with Paul Nunes and Underberg & Kessler on Salmonella outbreak cases in the past, and are happy to be working with Paul again,” Marler continued.

BACKGROUND: Marler Clark and Underberg & Kessler together represented 70 clients in Salmonella claims against the Brook-Lea Country Club in Rochester, New York. The firms are currently working together on cases involving E. coli and cryptosporidium outbreaks. See also www.Salmonellablog.com and www.foodborneillness.com.

More about the ConAgra Peter Pan and Great Value peanut butter outbreak can be found in the Case News area of this site.