This illustration depicts a three-dimensional computer-generated image of Salmonella serotype Typhi bacteria.
PHILADELPHIA – A woman who says she contracted Salmonella from pre-prepared food has filed a lawsuit against Metabolic Meals, which had to issue a recall last year over an outbreak that led to eight hospitalizations.
Kathleen Borden of Chester County says she was one of them in a lawsuit filed March 31 in Philadelphia federal court. She charges Metabolic Meals with negligence, strict liability and breach of warranty, after the Centers for Disease Control found 21 cases across 13 states.
“The defendant owed a duty of care to the Plaintiffs to design, prepare, manufacture, distribute, and/or sell food that was fit for human consumption, and that was safe to the extent contemplated by a reasonable consumer,” the suit says.
“The Defendant breached this duty.”
The meals affected were tortellini with grilled chicken, chicken teriyaki, chicken tenders and sliced sirloin. An inspection report from August said a cook was handling raw chicken improperly and inadequate cleaning of surfaces.
“Additional observations included bowls sitting face down on dirty food contact services, soil build up on food contact surfaces and equipment, improper cooling of cooked foods, soil buildup and food in non-food contact areas, and ice buildup in the walk-in freezer (indicative of insufficient cleaning),” the suit says.
Borden began experiencing the symptoms of Salmonella infection in August, including fevers up to 102 degrees. She went to Chester County Hospital on Aug. 22, where she was treated with IVs.
A week later, testing was positive for Salmonella, and she remained in the hospital until Aug. 31. Months later, she continued to test positive.
William Marler of Marler Clark in Washington and Michael Ferrara, Jr. of New Jersey represent the plaintiff.
