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Class Action Against Con Agra is Nationwide
Class Action | 2007/03/26 09:18

Plaintiffs counsel Kathryn E. Barnett announced today that 32 consumers, including the parents of nine children that became seriously ill after eating Peter Pan or Great Value peanut butter, spanning 16 states filed an amended class action complaint today against the international food conglomerate ConAgra Foods, Inc. The proposed class consists of all persons nationwide that contracted Salmonella Tennessee from eating ConAgras contaminated peanut butter, which was all manufactured and packaged in a single location ConAgras plant in Sylvester, Georgia.

"This case shows that the number of 425 persons made ill from eating Salmonella tainted peanut butter as reported by the Center for Diseases Control constitutes a gross underestimate," stated Kathryn Barnett of the national plaintiffs law firm Lieff Cabraser Heimann & Bernstein, LLP. "We believe thousands of consumers have been made sick over the past two years. Since the recall was announced in February, our law firm alone has been contacted by over a thousand persons that have reported symptoms of Salmonella poisoning, including fever, stomach cramps and severe diarrhea which in many cases required hospitalization."

The plaintiffs in the nationwide class action lawsuit reside in Albertville and Flomaton, Alabama; Cabot and Romance, Arkansas; Oakley, California; Manalapan, Palm City and Winter Garden, Florida; Chatsworth and Dalton, Georgia; Hymera, Indiana; Paducah, Kentucky; Lake Charles and Slidell, Louisiana; Holly Springs, Mississippi; Jackson, Ohio; Camden, Friendship and Nashville, Tennessee; Richmond, Texas; Manning and Newberry, South Carolina; Jackson, Ohio; Grandview, Washington; and Lenore, West Virginia. The case, entitled Ware v. ConAgra Foods, Inc., is before the Federal court in Rome, Georgia.

"My husband and I were terrified when our son became so sick. We called our pediatrician and raced to the Emergency Room with him, stated plaintiff Kelli Hamman of Flomaton, Alabama. I never dreamed it could have been caused by peanut butter. I don't understand why my son and other children had to suffer like this, and I hope ConAgra will take responsibility and answer to every family that has suffered."

Ms. Barnett advised consumers: "If you have suffered symptoms of contaminated peanut butter, do not discard the evidence; instead mark the peanut butter with 'Do Not Eat' or 'Contaminated' and make certain the jar is stored in a safe place that is beyond the reach of children. The peanut butter can be tested for the presence of Salmonella."

Representing the plaintiffs are Kathryn E. Barnett of the Nashville, Tennessee office of Lieff Cabraser Heimann & Bernstein, LLP; Clay Jenkins of Jenkins & Jenkins, PC, of Waxahachie, Texas; and Robert H. Smalley, III, of the Dalton, Georgia law firm of McCamy, Phillips, Tuggle & Fordham, LLP.

Consumers stricken by Salmonella poisoning who wish to learn more about the lawsuit and report their experiences to plaintiffs' counsel should visit http://www.personalinjurylawyeramerica.com or contact injury attorney Kathryn E. Barnett toll-free at 1-866-313-1973.

Members of the media who wish to receive a copy of the complaint should contact Brandan De Coteau at bdecoteau@lchb.com



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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