Foster Farms trouble with quality control and unsanitary conditions in their chicken production facilities has resulted in a second salmonella outbreak following the Fall 2013 epidemic which resulted in hundreds of hospitalizations nationwide. According to the newest reports from the Center for Disease Control (CDC) more than 500 individual have been stricken with Salmonella Heidelberg linked to Foster Farms Chicken. Of those more than 50 have taken place since the middle of January prompting call for the introduction of mew safety and health measures at Foster Farms plants aimed at curbing the spread of the epidemic. Cases of Salmonella have been reported in several states including California, Nevada, Texas, Nevada, Washington, Colorado, Missouri, and Florida. Lawsuit Information: Our Food Poisoning attorneys are currently representing victims who suffered Salmonella food poisoning due to the recent outbreak of the virus linked to the sale of Foster Farms Chicken in the late Summer and Fall of 2013. Furthermore, we are offering FREE NO COST and confidential legal consultations to any individual who has suffered from the recent outbreak of Salmonella caused by tainted Foster Farms chicken.
Filing a Class Action Lawsuit For Foster Farms Salmonella PoisoningClass action lawsuits take place when there are a large number of victims with an claim against one at fault party. Such claims require certification by the court where they are to be tries in. Certification is based on proving the presence several elements in the case. 1. A large number of claimants. 2. With an identical or nearly identical cause of action based on an issue of fact or law against the at fault party. 3. The class representatives interests are aligned with those of the other claimants. 4. The class representative is able to adequately fight for the right of all class members. Difficulty in Establishing Class Action Lawsuits in Food Poisoning Claims: Food poisoning outbreaks can pose a challenge for claimants who wish to be a part of a class action lawsuit. The reason for this is that there is a great variance in the level and severity of the harm suffered by claimants since every individual reacts differently to the contraction of viral or bacterial infections. For example elderly individuals or persons who have developed a low immune system due to a prior medical condition will likely react more severely to infections when compared to healthier and or younger individuals. Thus, it might make more sense to file a single party claim than establish a class action lawsuit. Damages Recoverable in Food Poisoning Lawsuits: Compensation for personal injury claims including contraction of food borne illnesses is predicated on several significant factors. A brief description of these factors is provide below…
- The severity and extent of injury suffered – evidence via the number of days spent in the hospital, future medical and rehabilitation costs and specific diagnosis of the illness.
- Pain and suffering – courts provide restitution for the level of psychological harm and physical pain and discomfort a victim of food poisoning has endured.
- Los wages and loss of future earning capacity – cause by the injury and future ling term and or permanent disability.
- Availability of punitive damage – such damages are awarded where the at fault party acted with either the intent to cause harm or reckless behavior constituting a heightened level of harm to the consumer.