First Nationwide Class Action Filed Against ConAgra on Behalf of Consumers Who Purchased or Ingested Salmonella Contaminated Pot Pies

16/10/07 The following statement was issued by the law firms Schiffrin Barroway Topaz & Kessler, LLP, and Janet, Jenner & Suggs, LLC:

On October 12, 2007, SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP and JANET, JENNER & SUGGS, LLC filed the first nationwide class action against CONAGRA FOODS, INC. and CONAGRA FOODS PACKAGED FOOD, LLC. in the United States District Court for the Western District of Missouri on behalf of all persons who purchased and/or consumed ConAgra's Pot Pies subject to the October 11, 2007 recall; and 2) all persons who consumed ConAgra's Pot Pies subject to the October 11, 2007 recall and have suffered physical injuries.

"This Class Action was filed to protect the rights of all victims that have been wronged by the carelessness of ConAgra in the manufacture of these contaminated frozen pot pies. Consumers reasonably relied upon ConAgra to manufacture and sell food that was free from poisonous contamination. ConAgra betrayed the trust of consumers and it must be held accountable for not protecting basic food, health and safety," said Tobias L. Millrood, partner with Schiffrin Barroway Topaz & Kessler, LLP, in Radnor, Pennsylvania.

On October 9, 2007, ConAgra ceased operations at its Marshall, Missouri manufacturing plants due to reported cases of Salmonella linked to its products. Banquet brand and generic store brand frozen not-ready-to-eat pot pie products with "P-9" printed on the side of the package are alleged to be the source of the reported illnesses caused by Salmonella based on epidemiological evidence collected by the Centers for Disease Control and Prevention (CDC) and State public health departments. At the time, the CDC, which is leading the investigation, said 30 states had reported 139 cases of Salmonella poisoning, including 23 that required hospitalization. Wisconsin had the most cases (19), followed by Pennsylvania (13).

ConAgra did not recall the Pot Pies but issued an "advisory" to consumers that purchased Banquet Turkey and Chicken Pot Pies or generic store brand not- ready-to-eat pot pie products bearing the number "P-9" printed on the side of the package.

On October 11, 2007, ConAgra Foods announced that it was replacing its advisory notice of October 9, 2007 with a RECALL notice of all varieties of Banquet brand frozen pot pies and all varieties of store brand frozen pot pies sold under the names of Albertson's, Hill Country Fare, Food Lion, Great Value, Kirkwood, Kroger, Meijer and Western Family. Now, the Salmonella outbreak related to the ConAgra food debacle is up to 165 injuries in 31 states. The company has finally recalled not just frozen chicken or turkey pot pie products with "P-9" printed on the side of packaging, but also all pot pie products, including chicken, turkey and beef.

Salmonella poisoning can lead to symptoms that can appear 12 to 72 hours after infection, which include diarrhea, fever and abdominal cramps. The illness usually lasts four to seven days. In severe cases, the infection may spread from the intestines to the blood and then to other sites in the body, sometimes causing death. Treatment includes antibiotics.

If you or anyone you know believes that you have contracted Salmonella as a result of consuming the recalled pot pies and want to discuss your rights, please contact either Schiffrin Barroway Topaz & Kessler, LLP (Tobias L. Millrood, Esq. or Hal J. Kleinman, Esq.) toll free at 1-888-348-6787 or 1-610- 822-0249 or via e-mail at masstortinfo@sbtklaw.com or Janet, Jenner & Suggs, LLC (Robert K. Jenner, Esq. or Gerald D. Jowers, Esq.) toll free at 1-888-463- 3529 or 1-410-653-3200 or via e-mail at rjenner@medlawlegalteam.com. The two law firms are working as a joint venture on behalf of consumers nationwide who have been aggrieved by contaminated pot pies from ConAgra.