Family wins $1.9 million lawsuit after salmonella infected from chicken almost kills toddler

An Arizona federal court jury awarded a family nearly $2 million in damages after their toddler experienced a brain injury from a Foster Farms chicken tainted by salmonella.

Just days after his grandmother and cousin became sick from different strains of salmonella in late 2013, then 17-month-old Noah Craten suddenly came down with a fever, chills and diarrhea, according to the Arizona Republic. But doctors initially didn’t think the salmonella bacteria — one of the most common causes of food poisoning usually attributed to contaminated foods like eggs, poultry and meat— was the cause of his symptoms.

But just a few weeks later in October, Noah was admitted to the hospital after experiencing an extended fever, and after conducting scans, doctors found an infection in the front of his brain that had created an abscess, placing pressure on the rest of his brain.

“I lost it. I was hyperventilating and hysterical,” Noah’s mother, Amanda, told the publication. “I wanted someone to fix him and bring him back to me. I couldn’t see him like that.”

The young boy then underwent surgery to remove a portion of the abscess, and doctors soon discovered it was caused by a rare strain of multidrug-resistant salmonella known as Salmonella Heidelberg.

“When we found out the abscess was from salmonella,” she said, “I instantly lost my composure and cried my eyes out.”

At the time of the discovery, Foster Farms was experiencing an outbreak of the salmonella in its products, which led to the hospitalization of at least 241 people throughout the country. The outbreak began in March 2013, and wouldn’t be declared over by the Centers of Disease Controluntil July 2014.

Noah received antibiotic treatments for the following seven weeks to shrink the rest of the abscess, and while he eventually seemed to improve, the toddler began to show signs of developmental damage such as facial tics and a stutter.

“We were devastated,” Amanda told the newspaper. “It’s been slowly, like every six months, we have a new problem.”

After seeing the damage done to their boy, Amanda and her husband, James Craten, sued Foster Farms for negligence and liability in their part of the salmonella outbreak.

“Foster Farms had known for years that it had a problem with Salmonella in its raw chicken, both from its own internal testing and from prior outbreaks to which Foster Farms had been linked,” one of the Cratens’ lawyers, Eric Hageman, told PEOPLE in a statement. “However, it failed to take steps to mitigate or eliminate Salmonella in its chicken, primarily because the USDA does not have a zero-tolerance policy for Salmonella on raw chicken (as it does for E. coli in ground beef).”

On March 1, an Arizona federal court awarded the family $1.95 million based on epidemiological and microbiological evidence that pointed to the company’s role in Noah’s illness.

In a statement to PEOPLE, Foster Farms said that there was no evidence presented in the trial that showed the family had purchased one of their products leading up to Noah’s symptoms.

“Every consumer has the right to expect safe and wholesome food. Salmonella-related illnesses can trace to any number of causes, including chicken,” the company said. “During the course of the trial, no evidence was presented that demonstrated the Craten family had purchased Foster Farms chicken in the six months prior to Noah Craten’s illness.”

The jury valued the damage to Noah at $6.5 million, and deemed Foster Farms 30 percent responsible — coming out to $1.95 million — and the family 70 perfect responsible, as the food that infected Noah was likely not prepared correctly, as salmonella is typically killed while the food is cooked. The money will all be set aside for Noah.

It is still unclear whether Foster Farms will appeal the verdict, and the family tells the Arizona Republic that they’ll likely only be left with almost half of their award once they pay off fees.

Woman who slipped on vomit and broke ankle at Irish pub awarded €82k

Tim Healy of the Independent reports a woman who broke her ankle when she slipped on vomit while leaving a toilet in a pub has been awarded €82,000 in High Court damages. 

cat-barfBookmaker’s clerk Fiona McGovern, Huntstown Wood, Clonsilla, Dublin, sued Tom Salmon Ltd, owners of Salmon’s Pub in Blanchardstown, Dublin, over the incident on March 24, 2008.

Ms McGovern (39) claimed the pub was negligent in failing to maintain appropriate cleaning standards and failing to ensure the vomit was cleaned up.

Awarding her a total of €82,000, Mr Justice Kevin Cross said she had suffered a nasty injury to her left ankle. On the application of her barrister, Bernard McDonagh SC, the judge also awarded her the costs of the case. 

Mr Justice Cross said Ms McGovern had been at the pub with family on Easter Sunday to watch a football match on the TV between Liverpool and Man Utd.  She was there “for some inexplicable reason to support Man Utd”, he said.

She returned later that night at around 11.30pm to see if her sister was still there and was advised she (sister) was in the beer garden, he said.

Ms McGovern went to the ladies toilet and on leaving it she slipped on vomit which was on the floor. A woman who knew her to see said that earlier one of a group of young lads, who had been sitting near the toilets, had vomited twice on the floor. 

It had not been cleaned up according to that woman, the judge said. The defendant had submitted it was hard to believe vomit would have been on the floor for up to one-and-a-half hours after it happened, the judge said.  

Beware wire brushes: French chef sentenced in New York to negligence

Craig Barritt of Le Monde.fr, reports a small metal wire in a coq au vin could be very expensive to the famous French chef Daniel Boulud: one of his New York restaurants was ordered to pay $ 1.3 million in damages to a customer who had be emergency surgery after swallowing.

daniel-bouludThe client, Barry Brett, had gone with his wife on 28 February 2015, the restaurant Bistro Moderne, on 44th Street, near Times Square in Manhattan, where he ordered a coq au vin.

Mr. Brett soon felt a foreign object in the throat and had to leave the restaurant, according to the complaint registered on 15 April, seen by AFP.

He had gone to the emergency where he had surgery. The surgeon had identified the object as a wire of 2.5 cm in length, from a cleaning brush. An infection could be fatal, according to his lawyers.

In a ruling Thursday, the New York court found that the restaurant had been “negligent” and sentenced him to pay $ 1.3 million in damages – including 1 million for pain and suffering – Mr. Brett plus 11,000 dollars to his wife.

The restaurant known for its chic bistro-style kitchen, and for launching the “gourmet” burgers in 2001, declined to comment.

According to the lawyer of the institution, J.P. Bottari, the defendant is considering appeals against this judgment, mainly against the moral damage. “It was not intentional,” said the lawyer told AFP, saying that hurt feelings could be withheld if the defendant acted knowingly.

He said, as he had done during the trial, Barry Brett had waited four days before going to the hospital, which had contributed greatly to aggravate his condition.

Counsel for Barry Brett, Elizabeth Eilender, expressed her “very satisfied” that the jury recognized the severity of injuries his client and recalled “how he (was) dangerous to use a brush metal near food. “

For her, “the restaurant has never wanted to take responsibility” and, instead, “sought to overwhelm the victim.”

Daniel Boulud appeared last year in the ranking of the magazine Le Chef 100 chefs in the world, “in which he must have been” in 36th position. It has ten restaurants in New York, including “Daniel”, the most famous, and twenty restaurants across the world.

 

Not worth the liability; NC cantaloupe farm positive for Listeria done with melons

Burch Farms finished its cantaloupe season July 27 after the Food and Drug Administration posted a recall notice after random testing detected the listeria in the cantaloupe; the FDA later found listeria at the company’s facilities.

Jimmy Burch, co-owner of Burch Farms, told The Packer the risk isn’t worth the reward.

“We’re done. No more cantaloupe,” Burch said Aug. 29. “That part of our life is over with. We will let someone else raise the cantaloupe. We have already towed the equipment out of the building. It’s not worth the liability.”

A grower-shipper of sweet potatoes and greens, Burch said his operation packed cantaloupe in a separate packing line three miles away from its headquarters.
Cantaloupe constituted 1% of Burch’s sales, he said.

“It’s over,” Burch said. “No one’s sick, thank God. It has been an absolutely horrible experience.”

Saying Listeria resides in dirt in every acre of land all over the world, Burch said there’s no way to pack cantaloupe 100% free of contamination.

“It’s a time bomb,” he said. “It will happen again. This is a part of nature. It’s just a matter of time when there will be another outbreak somewhere.”

A table of cantaloupe-related outbreaks is available at http://bites.ksu.edu/cantaloupe-related-outbreaks.

UK petting farm accepts liability in E. coli outbreak

The petting farm at the center of an E.c oli O157 outbreak that sickened 93 in Aug. 2009 and left several children seriously ill will not be disputing liability in the legal case against it, lawyers have said.

Seventy-six of those taken ill after visiting Godstone Farm, near Redhill, Surrey were children under the age of 10.

Law firm Field Fisher Waterhouse, which is representing 27 children affected by the outbreak, said it had received confirmation from Godstone Farm that it would not be disputing liability in the case.

Two of those worst affected were twins Todd and Aaron Furnell (right, exactly as shown) now aged three, who became infected with the bug while on a school trip to the farm. They suffered kidney failure and spent several weeks in hospital, leaving Todd with 80% kidney function and Aaron with just 64%, the law firm said.

A report released in June last year found there were numerous failings in the way the farm handled the outbreak, the largest linked to an open farm in the UK, and in its appreciation of the risk associated with E.coli O157.

If you swallow the charm, it’s your fault; London diners sign Xmas pudding waiver

I have no use for Christmas pudding, fruitcake, or those stale, doughy cookies strewn with sprinkles.

Gross.

Christmas pudding is apparently a steamed dessert made with dried fruit, nuts, spices and brandy.

It is common to put several charms or coins in the pudding, which are believed to bring prosperity in the New Year to the person who finds them.

The owners of High Timber, a London restaurant in the financial district, say they were advised to draw up the indemnity form by lawyers who regularly dine there.

Co-owner Neleen Strauss said,

"I thought it was going to be a pain but decided to do it to cover my backside. We’re based in the City so a lot of my customers are lawyers and they suggested it. It is a bit crazy but I decided to take their advice."

The waiver says,

"I absolve entirely High Timber from all blame or liability should I come to any harm including, but not limited to, a chipped tooth, or any injury as a result of swallowing it."