New Jersey Lawyer News
Salmonella Outbreak Linked To Tainted Peanut Butter
By David H. Sternlieb, Esquire
Since fall of 2008, at least 486 people in more than 40 states have gotten sick with salmonella as a result of consuming tainted peanut butter. Six people have died. Out of the 486 cases around the nation, 19 cases have been reported in New Jersey alone. Salmonella are bacteria that can live in the intestinal tracts of humans and other animals. A salmonella infection can cause diarrhea (which may be bloody), fever, nausea, vomiting, and abdominal pain. Symptoms typically start 12-72 hours after exposure.
The U.S. Food and Drug Administration (FDA) has traced the salmonella contamination to a plant owned by the Peanut Corporation of America (PCA) which manufactures peanut butter that is served in long-term care facilities and cafeterias around the nation. PCA is also responsible for the production of peanut paste which is distributed to food manufacturers and used as an ingredient in many commercially produced products including cakes, cookies, crackers, candies, cereal and ice cream. As a result, PCA has chosen to recall all of its products manufactured on or after July 1, 2008. For a complete list of all items recalled because of salmonella please consult the FDA’s website www.fda.gov.
Consumers made ill because of the tainted peanut butter or peanut paste may have the right to file a lawsuit seeking compensation for their illness, medical bills, lost wages and emotional distress, if any.
In every jurisdiction, a lawsuit premised upon a workplace injury, negligence, a defective product or products liability must be filed within a certain time frame, or statute of limitation, or such a claim will be barred forever. In New Jersey, such lawsuits must be filed within two (2) years from the date of injury or two years from the date on which the Plaintiff learns or should have learned through the exercise of reasonable diligence or investigation that his or her injury was caused by an exposure to a toxic substance, defective product or due to the negligence of another party. If filed even one day too late beyond the applicable statute of limitations, the unfortunate victim's claims will be dismissed as untimely. Because of the many complexities involved in the proper investigation and prosecution of any cases alleging personal injury or illness, consumers seriously injured due to another’s negligence, or as a result of a product they believe may be defective should consult with an experienced trial lawyer as soon as possible. There are many articles published on the Internet concerning consumer rights and personal injury litigation, however, there is certainly no substitute for a consultation about your rights and potential remedies with an experienced, qualified attorney.
This article is intended for general informational purposes only. This article is not intended to be a substitute for a consultation with an experienced lawyer. If you or someone you know would like a free consultation they invited to call one of the lawyers at Shapiro & Sternlieb, LLC. 732-617-8050. Furthermore, please be advised that this article contains a summary of the news update by the U.S. Food and Drug Administration. For the original material you should visit the above mentioned website or the FDA at www.fda.gov.
If you or a loved one has suffered a serious injury because of another's negligence, you deserve justice and fair compensation. At Shapiro & Sternlieb, LLC, your case is our priority. Our team of trial lawyers and dedicated support staff combine outstanding client services with a thorough knowledge of the law. We are happy to answer your questions and address your concerns. Our trial lawyers are relentless in preparing every phase your case and keeping you well-informed. Located in Marlboro, New Jersey, we offer convenient and flexible appointment hours to meet your needs. Free consultations may be scheduled in the morning, evening, weekend hours, as well as at your home or in the hospital, if needed. We take time to return your calls and to ensure each question is answered. You are included every step of the way. Your case is our most important case.