Chicago Injury Lawyer Blog

WBBM's Bob Roberts reports that a South Shore family Tuesday became the first to file suit in Cook County Circuit Court against Con-Agra Foods over salmonella contracted from tainted peanut butter.

The lawsuit was filed by Chicago attorneys Hurley McKenna & Mertz, P.C.

"That's all it takes when you have food poisoning from salmonella," said attorney Chris Hurley. "One peanut butter sandwich will do it."

When Con-Agra recalled Peter Pan and Great Value-brand peanut butter bearing the code "2111" on the lid earlier this month, Hurley said the woman checked her cabinet and found a recalled jar.

Hurley said the single, stay-at-home mother required rehydration at an area hospital, and the children missed more than a week of school. Hurley said all suffer residual effects, including moderate cramping.

Public health officials have documented more than 300 cases in 39 states since last August. The recall covers all peanut butter made at Con-Agra Foods' Sylvester, Ga., plan since August 2006.

Hurley said the family decided to file the suit to try to force Con-Agra to take greater care in the future.

The Chicago Tribune and Associated Press are reporting that a Chicago woman sued ConAgra Foods, Inc. after she and her family became violently ill after eating Peter Pan peanut butter that was tainted with salmonella.

The lawsuit was filed by Chicago lawyers Hurley McKenna & Mertz, P.C. in Cook County Circuit Court Tuesday. At least three similar lawsuits nationwide have been filed against the company.

Federal officials have linked the peanut butter to a salmonella outbreak that has sickened almost 300 people nationwide since August. At least five people in Illinois have tested positive for the same form of salmonella.

Salmonella sickens about 40,000 people a year in the U.S. and kills about 600. It can cause diarrhea, fever, dehydration, abdominal pain and vomiting.

Janet Rausa Fuller of the Chicago Sun Times reports that an Illinois family has filed a lawsuit in Cook County for illness related to tainted Peter Pan peanut butter. The case was filed by Chicago lawyers Hurley McKenna & Mertz, P.C. The suit alleges that the family of four became violently ill after eating an after school snack of peanut butter sandwiches on February 1, 2007.

Deverne Staples thought nothing of the peanut butter sandwiches she fixed for herself and her three kids as an after-school snack on Feb. 1.

Until the next day.

That's when Ryan McCollum, her 10-year-old son, started "throwing up violently," the South Shore woman said.

Nine-year-old Rose Staples was next to get sick, followed the next day by Jonathan Staples, 13, and Staples, 36, who spent several hours in the emergency room at the University of Chicago Hospitals on Feb. 4 after experiencing vomiting, diarrhea, cramps and high fever.

"I did not know what was happening," said Staples, whose kids eat peanut butter at least three times a week. "I had never experienced anything like that before. I knew that it had to be more than just a normal flu."

"I want people to know how serious food poisoning can be," Staples said. "It is something that shouldn't be taken lightly."

The suit was filed against Omaha, Nebraska based Con-Agra foods.

Jason Meisner of the Chicago Tribune reports that Cook County and state health officials have confirmed that one person sickened by salmonella this week in the suburbs shared the same strain of the bacteria that has been cited in a nationwide outbreak traced to certain brands of peanut butter.

The salmonella outbreak, which federal health officials said has sickened 288 people in 39 states since August, was linked to tainted peanut butter produced by ConAgra at a plant in Sylvester, Ga. The most cases were reported in New York, Pennsylvania, Virginia, Tennessee and Missouri.

The Illinois patients have tested positive for a form of salmonella that matches the national outbreak pattern associated with the peanut butter recall, according to the Illinois Department of Public Health. The residents range in age from 1 to 27 years old, and fell ill between Dec. 5 and Jan. 27.
Most people infected with salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection, according to the release. The particular strain in the peanut butter outbreak may cause urinary tract infections without diarrhea.

The illness usually lasts four to seven days, and most people recover without treatment. In some persons the diarrhea may be so severe that the patient needs to be hospitalized.

If you have suffered illness as a result of tainted peanut butter, see your doctor and contact a qualified lawyer.

People in Chicago are experiencing illness as a result of the tainted ConAgra peanut butter. The Associated Press reports that the state of Indiana has had 13 confirmed cases of a salmonella outbreak associated with certain batches of Peter Pan-brand peanut butter and Wal-Mart's Great Value house brand.

As of Friday, the Centers for Disease Control and Prevention had reported 288 cases in 39 states of the strain, called salmonella Tennessee.

Symptoms of salmonella infection include vomiting, diarrhea, fever, cramps, nausea, and gas, usually 18 to 36 hours after exposure. The symptoms may last 48 to 72 hours. People in poor health or with weakened immune systems could face life-threatening complications, but most cases do not require medical care or antibiotics.

ConAgra Foods issued the recall for its jars of Peter Pan and Great Value peanut butter with product codes beginning with 2111 on Thursday.

If you think you have become ill from tainted peanut butter, contact a qualified lawyer.

Suzanne Collins of CBS reports that hybrid cars place the blind at a higher risk for injury in pedestrian accidents. The National Federation of the Blind said it is very concerned about any law that would require more hybrid and fuel efficient cars be sold because those cars make very little noise.

"For blind people we use the sound of the traffic not only to determine when to cross the street, but to navigate, and hybrid vehicles are silent," said Chris Danielsen from the Federation of the Blind."

The Illinois Animal Control Act provides victims of animal attacks with a means to recover for their injuries. Now lawmakers in Michigan want to make it a misdemeanor to leave the scene of a dog-biting incident, and punish the offender with up to 93 days in jail and a $500 fine. (full story).

This type of law would be an appropriate companion to the Illinois Animal Control Act. It would help to ensure that owners of offending dogs or other animals that attack people, be held responsible to the injured party.

Jason Meisner of the Chicago Tribune reports that a Chicago woman died after she was struck and dragged by a bus for more than a block. The hit-and-run accident occurred about 6 a.m. near the intersection of 107th Street and South Ewing Avenue.

While it is illegal to flee the scene or an accident, hit-and-run accidents occur far too often. Persons who are injured and families of persons who are killed in hit-and-run car accidents to have legal recourse. Under the uninsured motorist provision of most insurance policies, policy holders are covered for their injuries or death in hit-and-run accidents. There are some specific requirements to invoke the coverage, and a qualified attorney should assist with specific questions.

A drunk driver killed four Oswego teens in a car accident early Sunday morning. Jack McCarthy and Jim Kimberly of the Chicago Tribune report that the driver was charged with multiple counts of reckless homicide and drunken driving related to the accident.

The driver of this car, a twenty-three year old woman, was at the wheel of her 2001 Infinity transporting eight teens from a party when the vehicle crashed into a utility pole on Illinois Highway 31 at approximately 2:20 a.m. Sunday. The accident killed four teens and injured four others.

We have previously discussed the extreme danger associated with alcohol and motor vehicles, and the increased fatalities associated with teenage decision making with motor vehicles. This tragedy could have been avoided. There is no excuse for getting behind the wheel while intoxicated. There also were at least four occupants of the vehicle who were not wearing seat belts because the vehicle only had seat belts for five occupants.

It is time for increased penalties for drunk drivers and restrictions on teenage access to motor vehicles.