January 30, 2009

Salmonella Outbreak Leads to Claim for Punitive Damages

The National Law Journal reports that the plaintiffs who filed the first lawsuit against the Peanut Corporation of America in connection with the recent salmonella outbreak have added a claim for punitive damages to their lawsuit.

The punitive damages claim is apparently based on a recent FDA report, which indicated that PCA shipped products that had tested positive for salmonella contamination at least 12 times in the past two years, and that federal investigators found unsanitary conditions and numerous health violations at the plant. According to the plaintiffs, the FDA report shows that PCA knew they were shipping products that were likely to be contaminated.