Suits filed in Arby’s salmonella outbreak

Published 11:54 pm Wednesday, September 10, 2008

VALDOSTA — Five separate lawsuits were filed in State Court of Georgia, DeKalb County, Tuesday on behalf of eight people who contracted salmonella food poisoning after eating sandwiches from the Arby’s Restaurant on North Ashley Street.

According to a press release, the five lawsuits were filed by Atlanta Attorneys Andrew Childers and Richard Schlueter and New Jersey Attorney Eric Weinberg against five defendants: Arby’s Restaurants; Beavers’, Inc., which owns the Arby’s in Valdosta; Globe Food Equipment Company, the makers of the food slicer used at the Valdosta Arby’s; an unnamed marketing firm; and an unnamed food supplier.

The personal injury lawsuits were filed on behalf of Addie Brunston and her father Robby Brunston, Phillis and Owen Lindsey, Karen Diane Powell, Ronald and Patricia Tucker, and Lori Turner. All of the plaintiffs allegedly contracted salmonella serotype montevideo food poisoning after eating at Arby’s between September and October 2006.

“These companies had a responsibility to their customers to prevent foodborne pathogens in their food,” Weinberg stated in a press release. “The fact that they continued to operate their restaurant and serve patrons after being notified of a problem by the health authorities is shocking.”

Childers added concern that Arby’s and Beavers’ acted improperly in the face of a serious public health threat.

“If the restaurant chain and the franchise operator were unwilling to consider the health of patrons, then those patrons had better look out for their own safety,” Childers said in the release.

Between Aug. 21, 2006, and Nov. 15, 2006, some 72 cases of salmonella were reported, according to a report released by the Department of Human Resources. An immediate investigation began, and on Oct. 6, 2006, the South Health District was notified by investigators that Arby’s Restaurant might be a possible source of the outbreak after interviewing more than 50 patients.

Swabs were collected at the restaurant for testing.

Two swabs of the swabs, taken from a brand new meat slicer, tested positive for salmonella, according to the report.

Even though the contaminated equipment was immediately sanitized, it continued to test positive for salmonella. It was then discovered that a piece of plastic attached to a handle on the slicer was not properly sealed with silicon before being released by the manufacturer, causing the equipment to remain contaminated even after thorough cleaning, according to the report.

The use of the slicer was immediately discontinued on Oct. 25, 2006, and food items that may have come into contact with the piece of equipment were disposed of. No cases of salmonella were reported after that time, according to the report.

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