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Posted On: February 6, 2009 by Steven J. Malman

Nursing Home Resident Dies from Salmonella Outbreak and Family Sues Peanut Manufacturer for Wrongful Death

The family a woman that died after eating Salmonella-tainted peanut butter at a nursing home is suing the peanut butter manufacturer for her wrongful death. Shirley Mae Almer, 72, died on December 21, 2008.

The defendants in the wrongful death lawsuit are Peanut Corporation of America and King Nut Companies. The complaint contends that the defendants neglected to safely make, package, and distribute the peanut product, correctly supervise and train employees, create and maintain the appropriate standard of hygiene at the peanut product plant, properly test its products, and ensure that cross-contamination did not occur.

The Salmonella contamination has led to the recall of hundreds of products that may contain peanut products from the manufacturing plant. Already, there have been reports liking the tainted peanut products to 8 deaths and over 500 incidents of Salmonella food poisoning. More than 100 people have required medical attention.

Food in Nursing Homes
Ilinois nursing homes are supposed to make sure that the food they provide residents is clean and free from any harmful bacteria that could make patients sick. It is also the responsibility of nursing homes to make sure that they cater to the special dietary needs of any residents. Failure to fulfill these duties could be grounds for an Illinois nursing home neglect lawsuit.

The Atlanta Legal Aid Society offers a list of food and nutrition requirements that US nursing homes should adhere to, such as:

• Serving food in an sanitary manner.
• Making sure meals satisfy each residents dietary needs.
• Hot food needs to be served hot and cold foods should be served cold.
• Providing three meals a day.
• Allowing no more than 14 hours to pass between dinner and breakfast.
• Providing assistance to any resident that needs help eating or drinking.
• Making sure that residents eat their food and drink enough that they don’t become dehydrated.

First Wrongful Death Lawsuit Filed In Salmonella Outbreak Linked To Peanut Corporation Of America, Medical News Today, January 29, 2009

Food and Nutrition Issues In Nursing Homes, Atlanta Legal Aid Society


Related Web Resource:
Salmonella typhimurium, Resource Center for Biodefense Proteomics Research

Salmonellosis, Centers for Disease Control and Prevention

Contact the Law Offices of Steven J Malman & Associates, PC for a free case evaluation with one of our experienced Chicago nursing home abuse lawyers.

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