The first lawsuit was filed yesterday in Michigan federal district court against Kellogg’s on behalf of Winnie Lemieux who developed a Salmonella infection after consuming Kellogg’s Honey Smacks cereal. Ms. Lemieux is represented by the Seattle Law Firm, Marler Clark, The Food Safety Law Firm. Stamped Complaint
In May 2018, Ms. Lemieux purchased a box of Honey Smacks cereal from a Walmart store in Kansas. Over the next two weeks, Ms. Lemieux consumed a bowl of cereal every morning.
On May 24, Ms. Lemieux began feeling ill and after over a week of experiencing symptoms she was admitted to the Southwest Medical Center in Liberal, Kansas on June 3 admitted with infectious colitis, hyponatremia, hypokalemia, as well as being septic. She tested positive for Salmonella. She received intravenous antibiotics and was discharged on June 7. She continues to experience symptoms to this day.
“Salmonella outbreaks linked to cereal are rare, there have only been a handful in the last 20 years,” said Bill Marler, managing partner at Marler Clark. “Frankly, I expected more from Kellogg’s after it was linked to the deadly Salmonella Peanut Corporation of America outbreak in 2009. Kellogg’s needs to up its food safety game,” added Marler.
On June 14, the CDC and FDA announced an outbreak of Salmonella linked to Kellogg’s Honey Smacks cereal. There are 73 people ill with this strain of Salmonella in 31 states: Alabama (2), Arizona (1), California (5), Connecticut (3), Georgia (2), Illinois (1), Indiana (3), Kentucky (1), Louisiana (2), Massachusetts (5), Maryland (1), Michigan (4), Mississippi (1), Montana (1), North Carolina (3), New Hampshire (1), New Jersey (3), New York (7), Ohio (1), Oklahoma (2), Oregon (1), Pennsylvania (5), Rhode Island (2), South Carolina (1), Tennessee (1), Texas (2), Utah (1), Virginia (4), Washington (3), Wisconsin (1), West Virginia (3).
The ages of the ill people range from less than one year to 87 (median 58 years) and 65% of cases are female. Reported illness onset dates range from 3/3/18 – 5/28/18. Among 55 with available information, 24 (44%) have been hospitalized.
Marler Clark, the Food Safety Law Firm, also filed the first lawsuit in the multi-state melon Salmonella outbreak on behalf of Jacob Novero who was infected with Salmonella Adelaide after consuming cut melon. The lawsuit will be filed In Hamilton County, Indiana against Caito Foods, LLC, the supplier for Walmart. Complaint-filed
Mr. Novero purchased cut melon from the Walmart Supercenter located in Noblesville, Indiana on Saturday May 12, 2018. The fruit container contained honeydew melon, cantaloupe melon, watermelon, and blueberries.
Two days later, Mr. Novero began feeling ill and on May 19 sought medical attention. At the hospital he was treated with IV fluids and potassium. He received a scan showing that he had developed colitis. A biopsy on May 31 showed the colitis inflammation was due to the Salmonella infection and was given a prescription to help the ulcers in his intestines. Mr. Novero continues to experience symptoms from his ulcers as a result of his Salmonella infection and has not been able to work.
“Although convenient, cut packaged mixed fruit has been shown to be at risk for bacterial or viral contamination,” said Seattle’s Marler Clark managing partner, William Marler. “Given the numbers of the outbreaks in the last decade linked to products like this companies like Caito need to take far better precautions to avoid bacterial contamination,” added Marler
On June 7, the CDC announced a Salmonella outbreak linked to cut melon spanning 5 states (Illinois, Indiana, Michigan, Missouri, and Ohio). The products were packaged in clear, plastic clamshell containers and sold at Walmart, Costco, Jay C, Payless, Whole Foods, Sprouts, Trader Joe’s, Walgreens, and Kroger Stores. To date, 70 people are sick with 31 hospitalized. No deaths have been reported. The CDC is advising consumers to throw away all pre-cut melon purchased from those stores.
Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clarkhave represented thousands of victims of Salmonella and other foodborne illness outbreaks and have recovered over $650 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants. The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart.
If you or a family member became ill with a Salmonellainfection, including Reactive Arthritisor Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.