Legal fallout follows beef recall
Sam's Club worker told them hamburger was safe, customers say
By Jamie Satterfield (Contact)
Wednesday, January 16, 20008
The employees didn't get the memo. The customers got sick.
So claims a lawsuit filed in Knox County Circuit Court against Sam's Club, employee James Harrison and Kansas-based Cargill Meat Solutions by customers Louis J. Smith and Jessie D. Freeman.
The pair contend, via attorney Christopher "Kit" Rodgers, that Sam's employees, including Harrison, assured them that the frozen ground beef they bought at the membership-based warehouse store was not contaminated despite media reports of a recall by Cargill. It was only after the pair cooked the meat and fell ill that Sam's Club employees insist they received a memo about the E. coli-related contamination, the lawsuit stated.
Cargill Meat Solutions and another firm, Topps Meat Co., last year announced a widespread recall of ground beef patties sold at stores including Wal-Mart and Sam's Club, both of which are owned by the same corporation, and restaurants after the meat was linked to E. coli-related illnesses.
In Knoxville, two siblings, John McDonald, 4, and Michaela McDonald, 18 months, suffered serious illness from a strain of the bacteria linked to Cargill meat bought at Sam's last September. The children's parents have since filed suit against Cargill. Sam's Club, however, was not named.
Around the same time as the McDonald children grew ill, 20-month-old Jaycee Burgin of Newport died from symptoms linked to the E. coli bacteria, but officials have insisted they could not determine from what food source the toddler ingested the toxin.
Smith and Freeman, both adults, contend they were made sick by the bacteria on Sept. 29, one day after they were assured by Sam's Club employees the ground beef patties they bought were not subject to the Cargill and Topps recall, according to the lawsuit
The lawsuit alleges the pair bought Cargill frozen beef patties Sept. 27 from the Sam's Club store near Knoxville Center Mall in East Knoxville.
The next day, the pair "viewed a report on CNN news regarding a recall of Wal-Mart ground beef due to E. coli contamination," the lawsuit stated. "(They) contacted telephonically the Sam's Club, where the meat was purchased, and requested an opportunity to speak with the meat manager."
Harrison answered that call, according to the lawsuit.
"Mr. Harrison assured (Smith and Freeman) that the meat was perfectly safe to eat and that Sam's Club did not purchase their ground beef patties from the same company as Wal-Mart," the lawsuit alleged.
The pair later ate the meat "believing it to be safe" but grew violently ill, "with a fever, stomach cramps and diarrhea with blood in their stool," the lawsuit stated.
The suit does not indicate whether the pair sought medical treatment or testing.
Smith and Freeman contacted the store again on Oct. 1 and were "assured again by the meat manager that the meat purchased was not a part of the recall," the lawsuit stated. "Plaintiffs filed, or believed they were filing, an incident report with the meat manager on the same day."
A day later, Linda Godwin from Cargill Meat Solutions contacted the pair "to gather information for an incident report via the telephone," the lawsuit stated. "During the conversation, Ms. Godwin stated that she did not know how the feces got mixed into the meat."
The pair heard nothing, however, from Sam's Club, the lawsuit alleged.
On Oct. 6, Smith and Freeman again contacted the store "and were told that the employees of Sam's Club did not receive the memo (about the meat recall) until Oct. 3 or 4," the lawsuit stated.
Smith and Freeman are seeking $1 million in damages each. Attempts to reach representatives of Sam's Club and Cargill were not immediately successful Tuesday.
Jamie Satterfield may be reached at 865-342-6308.
Sam's Club worker told them hamburger was safe, customers say
By Jamie Satterfield (Contact)
Wednesday, January 16, 20008
The employees didn't get the memo. The customers got sick.
So claims a lawsuit filed in Knox County Circuit Court against Sam's Club, employee James Harrison and Kansas-based Cargill Meat Solutions by customers Louis J. Smith and Jessie D. Freeman.
The pair contend, via attorney Christopher "Kit" Rodgers, that Sam's employees, including Harrison, assured them that the frozen ground beef they bought at the membership-based warehouse store was not contaminated despite media reports of a recall by Cargill. It was only after the pair cooked the meat and fell ill that Sam's Club employees insist they received a memo about the E. coli-related contamination, the lawsuit stated.
Cargill Meat Solutions and another firm, Topps Meat Co., last year announced a widespread recall of ground beef patties sold at stores including Wal-Mart and Sam's Club, both of which are owned by the same corporation, and restaurants after the meat was linked to E. coli-related illnesses.
In Knoxville, two siblings, John McDonald, 4, and Michaela McDonald, 18 months, suffered serious illness from a strain of the bacteria linked to Cargill meat bought at Sam's last September. The children's parents have since filed suit against Cargill. Sam's Club, however, was not named.
Around the same time as the McDonald children grew ill, 20-month-old Jaycee Burgin of Newport died from symptoms linked to the E. coli bacteria, but officials have insisted they could not determine from what food source the toddler ingested the toxin.
Smith and Freeman, both adults, contend they were made sick by the bacteria on Sept. 29, one day after they were assured by Sam's Club employees the ground beef patties they bought were not subject to the Cargill and Topps recall, according to the lawsuit
The lawsuit alleges the pair bought Cargill frozen beef patties Sept. 27 from the Sam's Club store near Knoxville Center Mall in East Knoxville.
The next day, the pair "viewed a report on CNN news regarding a recall of Wal-Mart ground beef due to E. coli contamination," the lawsuit stated. "(They) contacted telephonically the Sam's Club, where the meat was purchased, and requested an opportunity to speak with the meat manager."
Harrison answered that call, according to the lawsuit.
"Mr. Harrison assured (Smith and Freeman) that the meat was perfectly safe to eat and that Sam's Club did not purchase their ground beef patties from the same company as Wal-Mart," the lawsuit alleged.
The pair later ate the meat "believing it to be safe" but grew violently ill, "with a fever, stomach cramps and diarrhea with blood in their stool," the lawsuit stated.
The suit does not indicate whether the pair sought medical treatment or testing.
Smith and Freeman contacted the store again on Oct. 1 and were "assured again by the meat manager that the meat purchased was not a part of the recall," the lawsuit stated. "Plaintiffs filed, or believed they were filing, an incident report with the meat manager on the same day."
A day later, Linda Godwin from Cargill Meat Solutions contacted the pair "to gather information for an incident report via the telephone," the lawsuit stated. "During the conversation, Ms. Godwin stated that she did not know how the feces got mixed into the meat."
The pair heard nothing, however, from Sam's Club, the lawsuit alleged.
On Oct. 6, Smith and Freeman again contacted the store "and were told that the employees of Sam's Club did not receive the memo (about the meat recall) until Oct. 3 or 4," the lawsuit stated.
Smith and Freeman are seeking $1 million in damages each. Attempts to reach representatives of Sam's Club and Cargill were not immediately successful Tuesday.
Jamie Satterfield may be reached at 865-342-6308.