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Woman Claims Illness Caused By Contaminated Peanut Butter


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12/4/2008
Brent Adams
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A woman from East Texas has filed a personal injury suit alleging that the peanut butter she purchased at a Wal-Mart store in 2006 was contaminated with salmonella and she developed respiratory problems and pancreatitis as result of its consumption.

Bowie County, Texas resident Shela McMurry had to be rushed to the hospital in October of 2006 with complaints of respiratory distress not long after she consumed the peanut butter in question. She later received a diagnosis of inflammation of the pancreas.

McMurry filed the product liability suit in Bowie County District Court on October 29 naming ConAgra Foods, Inc. as a defendant. On December 2, the case was transferred to federal court, Texarkana Division of the Eastern District of Texas.

McMurry claims strict product liability, negligence, and breach of warranty on the part of ConAgra. She alleges that the peanut butter was unreasonably dangerous and that it had been manufactured by the defendant in conditions that were unsanitary.

In February of 2007, the brands Peter Pan and Great Value peanut butter were voluntarily recalled by ConAgra.

ConAgra argued that McMurry’s injuries were not the result of ingesting the peanut butter, but from other conditions. The company also claims the products conformed to the highest industry standards for state-of-the-art design and manufacture of similar products.

The symptoms of the salmonella virus are listed by the FDA as fever, diarrhea, and vomiting.



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