Napoli Bern Ripka, LLP Blog

Product Liability: Peanut Butter Case Ruled Negative for Class Action Suit

It all started with a batch of Salmonella tainted peanut better, which was found in ConAgra the producer of Peter Pan and Great Value peanut butter. A class action suit was being put together and was brought to court, in which the judge determined that filing a class action suit would not be the most efficient way to distribute compensation because there are two different classes of people involved with the litigation. The first group consisted of people who bought the peanut butter containing salmonella bacterium, and the second group is those who got sick or died from consuming the tainted peanut butter.  The judge rules for ConAgra to pay $33million dollars to Peter Pan retailers and consumers would be a far more efficient settlement than continuing on with a class action suit.

            Jude Thrash explained, “Under the plaintiffs' trial plan, at least 6,000 individual trials on exposure, injury, causation, damages and other individual issues will have to be prosecuted whether or not a class is certified, presumably by the lawyers already retained by the personal injury claimants. This is not a case where class certification avoids clogging the federal courts with innumerable individual suits litigating the same issues repeatedly. ... If class certification is denied, these cases will go forward in essentially the same manner they would if a class were certified, only without an expensive, unnecessary, meaningless and largely uncontested 'common' issues trial." However, the plaintiff’s lawyers announced that they were not happy with the ruling. Despite the Product Liability case, there were also a number of cases filed with different state courts, however there has been no decision as to whether they will be deemed valid or not. 

            After the 2007 recall of ConAgra’s product of Peter Pan peanut butter, it was found that the plant had traces of salmonella, which is a very poisonous bacterium that can cause nausea, diarrhea, and stomach pain.  When ConAgra realized that the bacterium was taking home in its plant, they closed the plant. During this investigation it was found that on 20% of peanuts contained the conditions for the bacterium to replicate. It was reported by the Disease Control and Preventions that in 2007, over 600 people in 48 states had been affected with the bacteria after eating ConAgra’s brands of peanut butter. Over 70 people were hospitalized containing symptoms synonymous to salmonella poisoning. As far as the ruling held by Judge Thrash to recover damages goes, deemed that because there were so many different claims brought to court that it would be impossible to bring up as a class action suit. Also judge Thrash noted that, "The many differences among jurisdictions would prevent the Court from finding that common issues of law predominate on this claim." It was made known however than anyone who bought the contaminated peanut butter is able to get a full refund.

            Products Liability cases can be hard to prove due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence. It is here where an experience team of lawyers can help you can determine how you can proceed with your case. Napoli Bern Ripka has the experience in finding the evidence necessary to show the contrary. Napoli Bern Ripka is a premiere personal injury firm having over 60 years of experience combined. Paul J Napoli and Marc J Bern are Super Lawyers, Members of Law Dragon which represent top performing lawyers. They have access to the top resources needed to get the settlement you deserve, not what is offered.