East Texan sues over contaminated peanut butter

Michelle Massey, East Texas Bureau Jan. 20, 2011, 2:43am

TYLER - An East Texas resident has filed a lawsuit against the manufacturer of Peter Pan peanut butter, four years after he allegedly contracted salmonella from the contaminated product.

David and Cheryl Baumgartner filed suit against ConAgra Foods Inc. on Jan. 17 in the Eastern District of Texas, Tyler Division.

According to the lawsuit, David Baumgartner ingested tainted Peter Pan peanut butter in November 2006. He states he sought medical treatment for classic symptoms of salmonella infection shortly after ingesting the peanut butter. He claims that he began to show signs and symptoms of Reiter's Syndrome after the salmonella infection.

The U. S. Food and Drug Administration warned consumers not to eat Peter Pan and Great Value brands of peanut butter in February 2007. A month later, the FDA announced it found the strain of salmonella coming from the ConAgra Foods plant in Sylvester, Ga.

ConAgra is accused of negligence, negligence per se, construction or composition defect, design defect, inadequate warning, breach of express warranty, beach of implied warranties,

Baumgartner is seeking damages for pain and suffering, medical expenses, loss of consortium, support, companionship and affection, court costs and interest.

The plaintiffs are represented by Jeffrey G. Wigington and R. Reagan Sahadi of Wigington Rumley Dunn in Corpus Christi. Additional counsel includes Jerrold S. Parker, Jason Mark and David Krangle of Parker & Waichman in Great Neck, N.Y., and Richard J. Arsenault of Neblett, Beard & Arsenault in Alexandria.

A jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:11-cv-00029

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