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PORTLAND, Ore. - The first lawsuit was filed June 22 in the outbreak of Salmonella linked to Marie Callender's Frozen Cheesy Chicken and Rice dinners. Attorneys at Marler Clark, the Seattle-based food safety law firm, filed the Salmonella lawsuit in the U.S. District Court for the District of Oregon on behalf of Clackamas County resident Dave Smith (Dave Smith v. ConAgra Foods Packaged Foods LLC, No. 3:10-cv-00711-PK, D. Ore.).
According to the lawsuit:
Smith purchased the now-recalled product in Happy Valley, Ore. Several days after consuming it, he began suffering diarrhea and body aches, which worsened over the next few days. In his illness, he fainted and hit his head, which caused his wife to call for emergency assistance. At the hospital, he was given stitches for his head wound, and admitted for care of his illness. He remained hospitalized for several days, during which time tests came back positive for the outbreak strain of Salmonella. He was released from the hospital with the direction that he not return to work immediately. He continues to recover from his illness.
At least 30 people in 15 states have been sickened with the outbreak strain of Salmonella Chester. State and Federal health authorities linked the illnesses to Marie Callender's frozen Cheesy Chicken and Rice dinner by questioning both ill and well persons about what they ate. The Minnesota Department of Health (MDH) subsequently found Salmonella in an unopened box of the product retrieved from a victim's home.
Marler Clark has represented victims of every major foodborne illness outbreak since 1993. For more information, visit www.MarlerClark.com and www.marlerblog.com.
Consumer Resource: Downloadable Family Food Safety Guide for Salmonella (PDF)
Download the complaint.