Jalapeno and Serrano Pepper Salmonella Lawsuit

Seattle, WASince the Salmonella outbreak began, it has spanned 43 states and Canada. At least 1,319 people have been sickened, 255 hospitalized and two people have died and those numbers may rise: as of August 22, 2008 the Centers for Disease Control and Prevention (CDC) say they do not believe the tomato/pepper salmonella outbreak has ended.

The first Salmonella illnesses were reported in April and up until the beginning of July, the CDC and FDA believed the outbreak stemmed from tomatoes. But on June 26, the Grubbs family purchased raw jalapeno peppers from the Wal-Mart supercenter in Cortez, CO. and on July 3, Brian Grubbs became very ill. One week later, the Colorado health department picked up the rest of the raw peppers from the Grubbs' home and Mr. Grubbs was later tested positive for salmonella saintpaul.

The first salmonella lawsuit has been filed in the District Court of Montezuma County, Colorado on behalf of Brian Grubbs by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness and by Colorado attorney David Woodruff of Hillyard, Wahlberg, Kudla & Sloane. The lawsuit states that the Grubbs family purchased raw jalapeno peppers from the Wal-Mart Supercenter in Cortez, Colorado in late June, and that Mr. Grubbs ate them over the next week.

"Consumers believe that retailers like Wal-Mart know the quality and safety of products they sell," said William Marler, the Grubbs' attorney. "Retailers benefit from that trust, and must be held accountable for the products they sell."

Several days after eating the peppers, Mr. Grubbs experienced nausea, vomiting, fever, chills, and diarrhea. By the time his wife drove him to the Northern Navajo Medical Center in Shiprock, New Mexico, Mr. Grubbs was severely dehydrated, had lost a lot of weight and could not walk without assistance. He was treated for dehydration and decreased kidney and liver functions.

To date, it has been determined that the Jalapeno peppers were grown in Mexico and distributed by Agricola Zaragoza, a company in McAllen, Texas. Although the peppers were recalled, it is still unclear where the peppers became tainted.

Meanwhile, Federal officials warn that fresh jalapeno and serrano peppers from Mexico pose a salmonella risk, but the peppers are still being sold at small Hispanic grocers and mom and pop restaurants although mainstream supermarkets and larger restaurant chains are not buying Mexican peppers.

The FDA has warned consumers to avoid fresh jalapeno and serrano peppers from Mexico but cooked, canned or pickled peppers are fine because processing kills the bacteria.

Many consumers and retailers are still not aware of the pepper warning. The FDA hasn't banned the import of Mexican jalapenos and serranos, but it has increased testing at border checkpoints and pepper imports have been restricted from 12 Mexican firms. According to the FDA, future shipments from those firms must test free of salmonella before the agency will release them for sale.