Salmonella victim's heirs to file lawsuit

A 72-year-old woman in a Brainerd nursing home died after eating peanut butter that was contaminated.

Last update: January 17, 2009 - 12:01 AM

A Minneapolis law firm on Thursday said it will take legal action in the death of one of two elderly Minnesotans linked to a nationwide salmonella outbreak.

The victims both lived in nursing homes in Brainerd operated by the Evangelical Lutheran Good Samaritan Society of Sioux Falls, S.D., a social service agency.

Shirley Mae Almer, 72, originally of Perham, Minn., who died Dec. 21 in the Good Samaritan-Bethany nursing home, "consumed peanut butter that state health officials have since confirmed was contaminated by the same strain of salmonella bacteria that has sickened at least 425 people in 43 states since mid-September," said a news release from attorney Fred Pritzker.

The second victim, Clifford Tousignant, 78, originally of Duluth, had underlying health problems that made it difficult to say whether salmonella was directly responsible for his death Jan. 12, health officials said. He fell ill at the Good Samaritan Society-Woodland nursing home, where he had been living since November.

Pritzker said a lawsuit "will be commenced on behalf of Mrs. Almer's heirs in the very near future" and will target the distributor and manufacturer of the product.

The salmonella investigation is focused on peanut butter distributed to food suppliers in seven states by the Ohio-based King Nut company and nationally by the Peanut Corp. of America, of Lynchburg, Va., which manufactures and distributes institutional brands.

Peanut Corp. said in a prepared statement that it knew nothing about a lawsuit and declined comment. An executive for King Nut didn't return a phone message.

The federal investigation into the source of the contamination is focused on a peanut processing plant in Georgia owned by the Peanut Corp. It distributes peanut butter and peanut paste to institutions and institutional suppliers, as well as the food processing industry.

Peanut Corp. said Friday that it is expanding its recall of peanut butter produced in its Blakely, Ga., processing facility as well as the voluntary recall of peanut paste produced in the same plant. The expansion affects all peanut butter produced on or after Aug. 8, 2008, and peanut paste produced on or after Sept. 26, 2008, in the plant.

In a related development, Kellogg Co. announced Friday that is recalling 16 products containing peanut butter because of possible salmonella contamination.

The recall includes Austin and Keebler branded Peanut Butter Sandwich Crackers, as well as some snack-size packs of Famous Amos Peanut Butter Cookies and Keebler Soft Batch Homestyle Peanut Butter Cookies.

Kellogg used peanut butter from the Georgia plant in those products. The Minnesota Department of Health recommended that consumers avoid eating those brands until more information is available about the extent of the contamination.

"The actions we are taking today are in keeping with our more than 100-year commitment to providing consumers with safe, high-quality products," said David Mackay, Kellogg's president and CEO. "We apologize for this unfortunate situation."

Sandra Williams, a compliance officer with the Food and Drug Administration, advised consumers not to eat the product and to contact a doctor if they have any symptoms. She also urged careful disposal.

Consumers with questions or who would like a refund can call the Kellogg Consumer Response Center at 888-314-2060.

PAUL WALSH AND ASSOCIATED PRESS

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