Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SPANISH FORK — A Spanish Fork woman who was hospitalized for salmonella after eating contaminated cucumbers filed a federal lawsuit Tuesday against a California produce distributor.
Janette Painter was in the hospital for one week after eating cucumbers she purchased at a Macey's grocery store in Spanish Fork in August, the lawsuit alleges.
Cucumbers imported from Mexico by Andrew & Williamson Fresh Produce were recalled earlier this month.
According to data released Monday from the Centers for Disease Control and Prevention, at least 550 people in 33 states were recently infected by tainted cucumbers, including three who have died.
In Utah, 46 infections have been reported since early July, when the outbreak is believed to have started.
Painter's lawsuit against Andrew & Williamson states she was hospitalized Aug. 9 for gastrointestinal problems and spent five days in the intensive care unit for kidney failure. She also reportedly suffered blood poisoning and is undergoing continuing medical treatment in the aftermath of the salmonella infection.
Painter tested positive for the same strain of salmonella that was found in tainted cucumbers distributed by Andrew & Williamson, the lawsuit states.
Lawyers are seeking damages on behalf of Painter for pain and suffering, emotional distress, loss of enjoyment of life, medical and pharmaceutical expenses, and travel expenses.
"The defendant owed to (Painter) a duty to use reasonable care in the manufacture, distribution and sale of its food product, the observance of which duty would have prevented or eliminated the risk that (Andrew & Williamson's) food products would become contaminated by salmonella or any other dangerous pathogen," the lawsuit reads. "The defendant breached this duty."
Related Story
Utah family sick with salmonella joins lawsuit against produce company
A Sandy family whose son contracted salmonella after possibly eating a tainted cucumber is now suing the company they bought the produce from.Marler Clark, the same food safety law firm that represents Painter, filed another federal lawsuit Friday against Andrew & Williamson. In that case, the firm is representing the parents of a 5-year-old Sandy boy who grew seriously ill after reportedly eating contaminated cucumbers.
Jesse and Meghann Mills allege their son ate cucumbers "most likely purchased at the Macey's grocery store" at 7850 S. 1300 East in Sandy in mid-August. The boy lost significant weight and suffered intense vomitting and diarrhea, a serious urinary tract infection, large blood clots, a severe fever and a swollen bladder, according to the lawsuit.
The boy was hospitalized for parts of three days in late August. His illness was also reportedly linked to the strain of salmonella found in the tainted cucumbers distributed by Andrew & Williamson. The Mills family is seeking damages identical to those of Painter.
On its website, Andrew & Williamson lists major companies such as Costco, Wal-Mart, Sam's Club, Safeway, Albertson and Kroger as destinations for their products. Popular restaurants Olive Garden, Red Lobster and In-N-Out also use produce distributed by Andrew & Williamson, according to the company.
Representatives from Olive Garden and Smith's Food and Drug, which is a subsidiary of Kroger, told KSL no contaminated cucumbers were distributed at any of their locations.
