Salmonella Saintpaul outbreak, first Lawsuit was Against Wal-Mart.

The Grubbs family purchased raw jalapeno peppers in Wall-Mart

The first lawsuit stemming from the Salmonella outbreak that has sickened 1,319 people, hospitalized 255 and caused the death of two in 43 states, the District of Columbia and Canada was filed today in the District Court of Montezuma County, Colorado.

The complaint was filed on behalf of Delores, Colorado resident Brian Grubbs against Wal-Mart and an unknown supplier, referred to as "John Doe." Mr. Grubbs is represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and by Colorado attorney David Woodruff of Hillyard, Wahlberg, Kudla & Sloane.

The lawsuit states that the Grubbs family purchased raw jalapeno peppers from the Wal-Mart Supercenter in Cortez, Colorado in late June, and that Mr. Grubbs ate them over the next week. He fell ill on July 3, experiencing nausea, vomiting, fever, chills, and diarrhea.

Over the next several days, Mr. Grubbs' condition continued to worsen; he lost a great deal of weight, was severely dehydrated, and could not walk without assistance. His wife drove him to the Northern Navajo Medical Center in Shiprock, New Mexico, where he was treated for dehydration and decreased kidney and liver functions.

Samples taken at the time later revealed that he was positive for Salmonella Saintpaul. "Consumers believe that retailers like Wal-Mart know the quality and safety of products they sell," said William Marler, the Grubbs' attorney. "Retailers benefit from that trust, and must be held accountable for the products they sell."

The Grubbs family still possessed some of the peppers that Mr. Grubbs had consumed, and provided them to authorities.

Tests revealed that the peppers were tainted with salmonella Saintpaul, and provided one of the first reported physical links in the three-month-long search for the source of the outbreak.
Source: http://www.marlerclark.com/
Aporte: Guillermo Figueroa