We continue to be contacted by individuals across the United States who contracted Salmonella Typhimurium from peanut butter and peanut products. We are actively pursuing these claims against Peanut Corporation of America (PCA), Kellogg Company, and Kanan Enterprises, Inc. Below is an update on the status of the peanut litigation.
Overview of the Peanut Butter Outbreak
Officials at the Center for Disease Control (CDC), Food and Drug Administration (FDA), and numerous state agencies have linked the source of distinct strains of Salmonella Typhimurium that has poisoned hundreds of people across the United States to peanut butter and peanut paste manufactured by Peanut Corporation of America (PCA) at its peanut processing plants in Blakely, Georgia and Plainview, Texas. The peanut butter was sold under the King Nut brand label (owned by Kanan Enterprises, Inc.) to nursing homes, cafeterias, schools, and colleges where those most susceptible to salmonella poisoning — children and the elderly — were likely to have consumed the contaminated product.
Unfortunately, PCA’s contaminated peanut butter and peanut paste were also distributed to numerous companies for use as ingredients in many products including cookies, crackers, cereal, candy, ice cream, and other foods. These companies have now recalled over 2800 products which contained PCA peanut butter and paste.
Austin and Keebler Crackers Cause Most Illnesses
Although over 2800 peanut-based products have been recalled, over 90% of the known illnesses arose from the consumption of Austin and Keebler brand peanut butter crackers, both of which are manufactured by Kellogg Company, and used contaminated peanut paste manufactured by PCA.
PCA has $24 Million available to Pay Victims
As a result of the flood of claims against it, PCA declared bankruptcy and shut down both its Blakely, Georgia and Plainview, Texas plants. At a recent bankruptcy hearing in Lynchburg, Virginia, Ron Simon questioned PCA officials under oath. That examination revealed that PCA has $24 million in liability insurance available from The Hartford Insurance Company set aside solely to resolve salmonella food poisoning claims.
PCA’s Texas Plant is Fined for Unsanitary Conditions
On April 9, the Texas Department of State Health Services (TDSHS) assessed $14.6 million in administrative penalties against PCA’s Texas peanut plant for violations of state food safety regulations. The violations included unsanitary conditions, product contamination, illnesses linked to consumption of peanuts from the plant and operating for almost four years without a food manufacturer’s license from the state.
The Peanut Butter Salmonella Outbreak Sickens 714 people and kills 9
The CDC continues to work with state health officials and the FDA to monitor the outbreak. Over 714 people infected with the outbreak strain of Salmonella Typhimurium have been reported from 46 states and Canada. Illnesses began on September 1, 2008. Patients range in age from <1 to 98 years. Among persons with available information, 24% reported being hospitalized. Nine deaths have been reported. A map illustrating the distribution of illnesses among the United States is shown below:
Ron Simon’s inspection of PCA peanut plants is featured on NBC, CNN, CBS and ABC
Under an agreement with PCA’s bankruptcy counsel, I was allowed to inspect, photograph, and videotape the inside of PCA’s peanut processing plants in Georgia and Texas on April 22 and 23. My inspections revealed unthinkable conditions: rats, insects, roaches, standing water and roof leaks inside the plants - not the kind of stuff you want in your peanut butter.
My inspection of the Georgia plant was featured on NBC, CNN, ABC, and CBS. To see what I found, watch the video below - you will not believe your eyes:
Salmonella Victims Must Assert Rights to Settlement Funds
Simon & Luke currently represents over 100 victims of this salmonella outbreak, including 2 of the families that lost a loved one. PCA’s available insurance funds ($24 million) will be used to pay the victims of this tragedy who assert their claims. Additional funds will be paid by Kellogg Company and Kanan Enterprises, Inc. depending on the product consumed.
Persons who tested positive for salmonella typhimurium after September 1, 2008 should contact us toll free immediately at 1-888-335-4901 in order to protect their rights to settlement funds.
It is NOT necessary that a lawsuit be filed on a victim’s behalf in order to collect a settlement.
About Simon & Luke
Simon & Luke is a Houston, Texas based team of trial lawyers committed to winning. We have represented thousands of people across the United States, Mexico, and Canada who have been victimized by contaminated food products. In the past eight years, Simon & Luke has recovered over $400,000,000 for its clients, including numerous settlements in excess of one million dollars. We have handled over 2000 salmonella claims in the last 2 years alone.
Call us toll free at 1-888-335-4901 for a free consultation on your legal rights.
