The parents of a boy who ate Peter Pan peanut butter allegedly contaminated with salmonella and had to be hospitalized three times filed suit against ConAgra Foods in Madison County Circuit Court May 15.
According to the suit, Mark and Masie Burris allege their minor son consumed peanut butter with the product code 2111 on or before Feb. 15, 2007.
They claim the peanut butter sold to them was unreasonably dangerous from the time it left ConAgra because it was contaminated with salmonella.
On Feb. 14, 2007, the Food and Drug Administration (FDA) issued a letter warning consumers not to eat certain jars of Peter Pan peanut butter or Great Value peanut butter due to risk of contamination with salmonella.
According to the FDA, the affected jars of Peter Pan and Great Value peanut butter have a product code located on the lid of the jar that begins with the number "2111."
The Burrises claim ConAgra was negligent by carelessly selling peanut butter contaminated with salmonella.
They allege their son became seriously ill after consuming the peanut butter and was hospitalized on three separate occasions. Their son was caused to suffer pain and experienced a loss of a normal life during his recovery, the suit claims.
The Burrises claim that they have spent and may be required to spend large amounts of money in medical expenses to cure their son.
Represented by Michael Glisson of Alton, the Burrises are seeking damages in excess of $15,000, but less than $50,000.
The case is set for mandatory arbitration.
08 AR 299