A South Grafton family has filed a lawsuit against Trader Joe's after their four-year-old son was stricken with salmonella, reports Patch.
The salmonella case stems from a nationwide recall of peanut butter. Last week, the Center for Disease Control issued an advisory on the recall by Sunland Inc. of their peanut butter, sold in stores across the nation, including Target, Walmart and Whole Foods.
These peanut butter products are sold under many names, including Earth Balance and Archer Farms (at Target).
The four year old boy, Jackson Henson, was infected with food poisoning in July of this year. According to the complaint, Henson had a fever of 104 degrees and suffered headaches and stomach cramps, CBS News reports.
Lawsuits such as this one are tricky. While the boy suffered as the result of ingesting the peanut butter, he survived.
But why sue Trader Joe's? This is a tricky strategy and one that might not stand up as well in court. While Trader Joe's was part of the chain of distribution, it wasn't the manufacturer of the peanut butter. And it's unknown whether Trader Joe's had any indication or knowledge that the peanut butter was contaminated.
Nevertheless, salmonella-in-peanut-butter lawsuits are scary for the companies involved. Several years ago, a judge approved a $12 million settlement against the Peanut Corporation of America, when a salmonella outbreak killed nine people and afflicted over 700 others.
In that case, the executives of the Peanut Corporation of America may have been aware of the contamination, yet, shipped the product anyway.
Currently, there have been no reported deaths from the Sunland Inc. salmonella outbreak. Thirty five people have been infected so far.
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