Salmonella Litigation

A resource for Salmonella Outbreak Legal Cases sponsored by Marler Clark

ProduceView Outbreaks

Fresh produce like tomatoes can be contaminated with Salmonella

Because the physical characteristics of different types of produce vary, the risks of Salmonella contamination vary from one type of fresh produce to the next. Leafy greens, tomatoes, cantaloupe, sprouts, and orange juice have all been associated with Salmonella outbreaks.

Produce can become contaminated with Salmonella in a number of ways. Contaminated farm equipment can contaminate produce if it comes into direct contact with raw untreated manure, untreated compost, contaminated water, animals that shed Salmonella in their feces, or with people who somehow become contaminated. Fresh produce exposed to flood waters that carry Salmonella can become contaminated pre-harvest. Runoff water that could potentially carry Salmonella should be diverted from fields growing fresh produce and should not be used for irrigation.

Fresh produce fields in rural areas next to wetlands or wildlands are particularly susceptible to exposure by wild animals such as deer and wild boars that harbor Salmonella and other pathogenic bacteria. Domestic animals and livestock that make their way into fields can also contaminate fresh produce, as can field workers who are shedding Salmonella in their stool if they do not use proper hand-washing techniques, or if proper toilet facilities are not available to them in the fields where they work.

In April of 2008, tomatoes were thought to be the source of a Salmonella outbreak. As investigators from the CDC, state, local, and tribal health agencies interviewed case-patients about foods they had consumed in the days prior to becoming ill, they learned that jalapeno and Serrano peppers grown in Mexico and sold at Wal-Mart stores were the source of the Salmonella outbreak. By the end of the outbreak, CDC reported that 1442 people had become infected with Salmonella Saintpaul after eating contaminated jalapeno and Serrano peppers, and indicated that tomatoes may have been an additional source of infection at the beginning of the outbreak. At least 286 people were hospitalized with Salmonella Saintpaul infections during this outbreak, and two people’s deaths may have been caused by their Salmonella infections. During the outbreak investigation, jalapeno and Serrano peppers, and water from a farm in Mexico where the peppers were grown, tested positive for the outbreak strain of Salmonella Saintpaul. See Wal-Mart Salmonella Jalapeno and Serrano Pepper Outbreak.

A Salmonella outbreak at a Rochester, Minnesota, Quiznos restaurant was investigated by the Minnesota Department of Health (MDH) and Olmstead County Public Health Services in 2007. Through the joint investigation, the two public health agencies identified 23 people who became ill after eating at Quiznos. Further investigation led to the conclusion that tomatoes served at the restaurant were the source of the outbreak. See Quizno’s Salmonella Outbreak Lawsuit.

Orange juice and cantaloupe can be contaminated with Salmonella

In 2005, orange juice produced by the Orchid Island Juice Company of Florida was identified as the source of a Salmonella Typhimurium outbreak investigated by the Michigan Department of Community Health (MDCH) and several other state health departments. A probe of the Salmonella outbreak by the Food and Drug Administration (FDA), CDC, and state public health agencies led to the discovery that unpasteurized orange juice produced by Orchid Island tested positive for both the outbreak strain of Salmonella Typhimurium and Salmonella Saintpaul. The product had been distributed in at least 30 states and 3 countries; 72 Salmonella outbreak-cases were reported. See Orchid Island Juice Co. Salmonella Outbreak Lawsuits.

In 2004, Salmonella-contaminated tomatoes served at Sheetz stores were the source of a Salmonella outbreak. A joint investigation by the CDC and state health departments from Pennsylvania, Ohio, Maryland, and West Virginia traced the Salmonella-contaminated onions to Sheetz’ supplier, Coronet Foods, but were unable to determine the farm from which Coronet had purchased the contaminated tomatoes. Preliminary data suggested that as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes were reported in five states: Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores. Five separate serotypes of Salmonella were eventually associated with the outbreak. Most of the cases were infected with Salmonella javiana; other outbreak associated strains were Salmonella typhimurium, Salmonella anatum, Salmonella Thompson, and Salmonella Muenchen. See Sheetz Salmonella Outbreak Litigation.

In 2003, the Oregon Department of Human Services announced that alfalfa sprouts produced by Harmony Farms, a Washington company, had been identified as the cause of a Salmonella outbreak, and Harmony Farms recalled all alfalfa sprouts that had been distributed on the West Coast. At least eight Oregon cases and one Washington case were confirmed with Salmonella Saintpaul, and an epidemiologic investigation confirmed Harmony Farms sprouts as the source of the Salmonella outbreak. Following an FDA inspection of its facilities, Harmony Farms instituted a number of changes in its sprout growing procedures in order to prevent a reoccurrence. Nevertheless, the Washington State Department of Health advised consumers that Harmony Farms was again recalling alfalfa sprouts later that same year. This second Salmonella outbreak traced to sprouts resulted in 26 lab-confirmed cases of Salmonella strain Chester, 10 in Washington and 16 in Oregon. In addition, left-over Harmony Farms sprouts tested positive for Salmonella and pulsed-field gel electrophoresis (PFGE) testing of the bacterial isolates confirmed that the molecular subtyping of the isolates from the various outbreak victims was indistinguishable, indicating a common source. See Harmony Farms Salmonella Outbreak Litigation.

Cantaloupes have been commonly associated with Salmonella outbreaks. In 2001, Viva brand cantaloupe contaminated with Salmonella poona sickened consumers across the United States. The next year, the Food and Drug Administration (FDA) announced that a Salmonella serotype poona outbreak had been associated with the consumption of Susie brand cantaloupes distributed in the United States and Canada by I. Kunick Company of McAllen, Texas. The cantaloupe, which was grown in Mexico, was distributed in retail stores and restaurants. See Susie Cantaloupe Salmonella Lawsuit.

  • CW Sprouts/Caudill Seed Salmonella Lawsuits

    Marler Clark’s Salmonella lawyers filed lawsuits on behalf of 10 victims of a 2009 Salmonella outbreak that was traced to the consumption of contaminated alfalfa sprouts grown from seeds sold by Caudill Seed Company of Kentucky. All claims have been successfully resolved.

  • Harmony Farms Salmonella Outbreak Litigation

    Harmony Farms alfalfa sprouts were linked to a Salmonella outbreak in Oregon and Washington in March of 2003. A second outbreak linked to Harmony farms occurred in November, 2003.  Marler Clark’s Salmonella lawyers represented victims of both outbreaks in claims against Harmony Farms.

  • Jimmy John’s - Sprouters Northwest Lawsuits and Litigation

    Marler Clark filed two lawsuits against Sprouters Northwest on behalf of victims of a Salmonella outbreak in the Northwest.  The law firm represented Washington and Oregon residents who became ill with Salmonella infections after eating contaminated clover sprouts sold by Sprouters Northwest. The claims have been successfully resolved.

  • Jimmy Johns - Tiny Greens Salmonella Lawsuits and Litigation

    Marler Clark represented a number of victims of Salmonella poisoning that resulted from eating contaminated sprouts from a Jimmy John’s restaurant in Illinois. In Januarty 2011, the firm filed a Salmonella lawsuit on behalf of one of the many people nationwide who have been made ill from consuming Jimmy John’s sandwiches. All claims have been successfully resolved.

  • Orchid Island Juice Co. Salmonella Outbreak Lawsuits

    The Salmonella lawyers with Marler Clark represented several people, mostly children, in claims against Orchid Island, the company whose orange juice was identified as the source of a Salmonella outbreak in 2005.

  • Quizno’s Salmonella Outbreak Lawsuit

    Marler Clark represents a woman who became ill with a Salmonella Typhimurium infection after eating contaminated tomatoes served in food-items at the Rochester, Minnesota, Quizno’s restaurant in early October of 2007.  The Minnesota Department of Health and Olmsted County Public Health Services investigated the outbreak and identified 23 cases of Salmonella among patrons and employees of the restaurant; 18 were culture-confirmed, and one person was hospitalized for two days.  All cases ate food prepared at the restaurant between October 1 and October 8, 2007. 

  • Sheetz Salmonella Outbreak Litigation

    Marler Clark’s Salmonella lawyers represented over 100 people who became ill with Salmonella infections after eating at Sheetz convenience stores.  The Sheetz Salmonella outbreak was traced to tomatoes supplied to Sheetz by Coronet Foods of Wheeling, West Virginia.

  • Sun Orchard Orange Juice Class Action Salmonella Lawsuit

    The Marler Clark lawyers represented 55 people who became ill with Salmonella infections after drinking Sun Orchard unpasteurized orange juice.  The lawsuit was filed on behalf of all people who became ill with Salmonella infections after consuming the orange juice in 1999.

  • Susie Cantaloupe Salmonella Lawsuit

    Marler Clark represented an 85-year-old Washington resident who was hospitalized for 18 days with a Salmonella infection after eating Susie brand cantaloupe in 2002. The cantaloupe, which had been imported and distributed in the United States and Canada by the I. Kunik Company of McAllen, Texas, was recalled for Salmonella contamination, but public health investigators identified 58 cases of Salmonella Poona associated with the consumption of Susie brand cantaloupe before the outbreak was over.  Salmonella cases associated with the outbreak were found in Arkansas, British Columbia, California, Colorado, Manitoba, Minnesota, Missouri, Nevada, Ontario, Oregon, Saskatchewan, Texas, Vermont, and Washington.