Salmonella Lawyers Explain Peanut Corporation Intentional & Fraudulent Food Poisoning

    March 11th, 2010

Our Salmonella Food Poisoning Lawyers Review the Evidence that Peanut Corporation of America, It's Blakely Georgia and Plainview Texas Plant, and PCA Operator, Stewart Parnell Engaged in Intentional, Fraudulent and Malicious Acts in Conscious Disregard of Human Life and Health by "Letting Loose" Salmonella Contaminated Peanut Products ino the Chain of Commerce Resulting in 9 Confirmed Deaths and Hundreds of Food Poisoning Illnesses.


California Food Poisoning Lawyers Our Salmonella lawyers have published widely on the Peanut Corporation of America salmonellosis outbreak, and provide one of these articles below, describing the intentional misconduct of PCA and its operator, Stewart Parnell, which we contend was in conscious disregard of the likelihood that peanut butter products contaminated with salmonella at the PCA Blakely Georgia and Plainview Texas plant would result in the illnesses and deaths of consumers. On a separate page our salmonella food poisoning attorneys have provided a "Peanut Corporation of America FDA Product Recall List," to demonstrate the breadth of the products containing ingredients supplied from Peanut Corporation of America, constituting the largest product recall in United States history. On another page of this site we reprint an article discussing the Peanut Corporation of America Bankruptcy and why our salmonella lawyers are confident that there will be ample insurance and assets available to those in the chain of commerce to pay for the compensatory damages of those who suffered illness and to compensate the families who lost a loved one to this salmonella outbreak. We make every effort to summarize and update out information from our investigation on our main "Salmonella Food Poisoning" page.

If you suffered from salmonella poisoning or if you lost a loved one to the salmonella outbreak, our Salmonella food poisoning lawyers invite you to contact us for a free consultation. Simply fill out the "Salmonella Case Evaluation Request" and one of our food poisoning attorneys will contact you to discuss your case. Our case consultations are free of charge and without obligation.

Salmonella Food Poisoning Lawyers Describe Evidence That Peanut Corporation and Parnell Engaged in Intentional, Dishonest and Fraudulent Acts, Distributing Salmonella Contaminated Peanut Butter Products in Chain of Commerce to Companies Incorporating the Peanuts and Peanut Butter Paste in 2000 Products Now the Subject of the Largest Food Poisoning Recall in U.S. History.


Our salmonella lawyers' preliminary review of the available information confirms our earlier suspicions with regard to how the peanut products were contaminated with salmonella at the Blakely Georgia and Plainview Texas manufacturing plants operated by Peanut Corporation of America. Additional information has been compiled from government agencies, the CDC and FDA, as well as Texas Health Department investigators though to testimony before Congress and the disclosure of PCA documents including e-mails from PCA operator Stewart Parnell. That information provides a still tentative but more complete picture of the corruption of Parnell and the a conscious disregard of the health and lives of the consumers that characterized PCA, and Parnell in particular. The evidence compiled by our salmonella food poisoning lawyers even just still at this very early stage in the investigation demonstrates that Parnell intentionally "let loose" on the public, "let loose" being Parnell's ver batim instruction, salmonella poisoned peanut product sold to food product manufacturers and distributed to retailers and consumers throughout the United States.

As our salmonella food poisoning attorneys had previously speculated, from the open holes in the ceiling and openings in the physical perimeter of the Blakely Georgia plant, and from the known mechanisms of salmonella contamination, there was the likelihood that the cause of the salmonella contamination would probably turn out to be rat or bird excrement. Water draining off a roof into an area where it can contaminate food processing areas is a potent source of salmonella poisoning from bird excrement. Simiar conditions were identfied at Peanut Corporation of America's Plainview Texas plant where investigators found dead rats and rodent excrement found in proximity to an air-exchange ventilating the production area.

As early as 2006 the assistant manager of the Plainview plant, Kenneth Kendrick, sent numerous e-mails to the Texas health department complaining about the leaking roof, which he stated could be a contamination issue specifically because of bird excrement. "Anything nasty you can think of comes from water off a roof," were Kendrick's words.

Peanut Corporation of America was a low budget, cost cutting peanut operation run from a converted garage outside Parnell's Linchberg VA suburban home.

When tests of the peanut butter product proved positive for salmonella contamination, Parnell attempted time and time again to get around destroying the contaminated product, which is just the food industry standard requirement to protect the health of the consumer. Instead, Parnell would order plant managers to get new laboratory tests by sending samples to a different laboratories. In October, 2008, for example, when internal testing showed positive for salmonella Parnell not only ordered that a different lab retest the product, he complained about the delay: "The time lapse, besides the cost, is costing us huge $$$," Parnell stated in an e-mail to his plant manager. In August 2008, when the Plainview plant peanut product returned test results positive for salmonella, on Parnell's instructions the plant manager obtained a negative result from another laboratory, and then Parnell sent an e-mail back to the plant manager, "Okay, let's turn them loose then," referring to the very peanut products which had previously tested positive for salmonella. According to memoranda and correspondence that was made a part of the public record at a Congressional hearing of the House of Representatives Energy and Commerce Committee, Peanut Corporation of America also shipped out peanut products with a "homemade certificate" falsely attesting that they were contamination free.

If Peanut Corporation of America was solvent, our salmonella food poisoning lawyers would evaluate the case not only as satisfying the criteria for establishing liability for compensatory damage case, but as a good case of malice and conscious disregard for human life and health sufficient to justify punitive damages. Our investigation is ongoing in terms of whether the corporate shield may be pierced but Peanut Corporation of America has gone bankrupt and so the company itself may turn out to receive protection from punitive damages and may indeed have little in terms of insurance or assets to pay compensatory claims by those who suffered illness, let alone assets to pay punitive damages. The punishment of PCA and Parnell may have to be left to the criminal process, and criminal investigations are now underway. As our salmonella food poisoning lawyers explain elsewhere in our "Attorney Evaluation of Viability of Lawsuits Post PCA Bankruptcy," we feel confident that the cases for compensation at least are still viable, including specifically because in food poisoning cases the victim can recover compensatory damages from all those in the "chain of commerce," from the manufacturers to the distributors through to the retailer from whom the victim purchased the contaminated product.

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*Most recent Jury Verdict:

$2.700,000.00 jury verdict in a medical and hospital drug fraud case involving 5 plaintiffs taken to trial in a single consolidated action. Mr. Henke also testified before Congress about this case at the invitation of the Chairman of the US House Judiciary, specifically on the important uses of punitive damages to set examples of those who by their conduct put the lives of others at risk maliciously and out of conscious disregard for their lives

*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

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Food Poisoning Lawyers for E coli HUS & Salmonella and Listeriosis Cases. Attorneys for California and National Outbreaks.

We are the Premier California Food Poisoning Lawyers, Ecoli HUS Salmonella and Listeriosis Attorneys, also representing victims of food poisoning outbreaks nationally.

Providing case evaluation for victims of the Peanut Corporation of America Salmonella outbreak. Spotlight: A Recent Food Poisoning Settlement:: One of our E coli HUS Attorneys obtained one of the largest multimillion dollar settlements ever achieved in an Ecoli HUS case, obtained October 1, 2006.

Consult the Food Poisening Lawyers page on the above practice areas menu for information about the stellar qualifications of our California food poisoning attorney Nick Allis and and food and drug lawyer Henke.

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Attorney Qualifications as Food Poisening Lawyers serving Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Jersey, New York, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming with free Salmonella Outbreak Case Evaluations.


Below we will discuss just very briefly the trial lawyer credentials of food poisoning lawyer, Nick Allis, and food and drug lawyer, Ray Henke. For our credentials specifically in food poisoning cases, please consult our food poisoning lawyers page.

The Trial Lawyer Credentials of Food Poisening Lawyer, Nick Allis.

California food poisoning lawyer, Nick Allis, obtained his B.A. from Yale University and Juris Doctorate degree from Georgetown University. At Georgetown Law Center, Mr. Allis was on the executive board of the Georgetown Law Journal. He clerked for a judge on the United States Court of Appeals for the Third Circuit during his first year after law school. He subsequently devoted himself to the practice of complex litigation as a trial lawyer, eventually to become a partner in the nationally respected Law Firm of Butler, Dan, Allis and Reback. The firm specialized in complex food and drug cases. California food poisening lawyer, Mr. Allis, has served as sole or lead trial lawyer in over 60 major jury trials. California salmonella attorney, Allis, has argued before the United States Supreme Court, and he is a member of the United States Supreme Court Bar. In addition to his trial work specifically in food poisening litigation, Mr. Allis has tried many complex cases in which he has presented epidemiological and medical evidence similar to that which he has prepared and presented in food poisening litigation, including specifically cases involving the application of Food and Drug law, in drug and pharmaceutical product litigation, including DES, the Dalcon Shield, Breast Implants, Phen-Phen, Bendectin, and Tylenol, to name a few.

California food poisoning lawyer, Mr. Allis, was elected President of the Beverly Hills Bar Association, by the membership of one of this most prestigious and largest trial lawyer associations, with a membership numbering over 3000 attorneys. Attorney Allis is a board member of Public Counsel, the largest public interest law firm in the United States. California salmonella food poisoning lawyer, Mr. Allis, is on the board of the Beverly Hills Bar Foundation. He received the President's Award and the Distinguished Service Award from the Beverly Hills Bar Association. California food poisening lawyer, Mr. Allis, is also a frequent lecturer for the California Continuing Education of the Bar and the Consumer Attorneys Association of Los Angeles. California salmonella food poisening lawyer, Mr. Allis, has also published numerous legal articles, in the Georgetown Law Journal, the University of Southern California Law Review, as well as in the “Advocate,” the legal journal of the Consumer Attorneys of Los Angeles.

California food poisening attorney, Nick Allis, is "AV" rated by Martindale & Hubbell. The "AV" rating is the highest lawyer ranking awarded by this most highly regarded lawyer rating directory in the United States. The "A" is defined as "very high to preeminent" in "legal ability"; the "V" as "very high" "general ethical standards."

Trial Lawyer Credentials of Food & Drug Lawyer, Ray Henke

Attorney. Henke and his law firm are "AV" rated by Martindale and Hubbell, the highest lawyer legal ability rating ("A") and highest attorney ethical standards rating ("V") awarded by the most highly respected lawyer ranking directory in the United States. According to Martindale & Hubbell: "AV Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity."

Attorney Henke is recognized as one of the "Top Lawyers in America," a member of the Million Dollar Advocates Forum, commonly referred to as "the most prestigious group of trial lawyers in the United States."

Mr. Henke is a former Governor of LATLA, the 5th Largest Trial Lawyer Association in the United States, and former Governor of the Consumer Attorneys Association, elected to the positions by the large trial lawyer membership. He was also nominated by "Trial Lawyer of the Year" by LATLA.

Henke's cases and trial work have been the subject of substantial legitimate news coverage from front page articles in the New York Times and Los Angeles Times, the Washington Post and the San Francisco Chronicle and Examiner, national legitimate television news, Tom Brokaw's Evening News, CNN; as well as 3 books. He has also testified before Congress at the invitation of the Chairman of the US House Judiciary Committee specifically with regard to 10 punitive damage "test" cases which ultimately yielded a multimillion dollar jury verdict. Mr. Henke has obtained numerous million dollar and multimillion dollar jury verdicts and settlements for his clients. Attorney Henke has also obtained extraordinary published state and federal appellate results effecting lasting, significant changes in the law favorable to his clients and other plaintiff litigants. The Henke Law Firm's superior lawyer credentials and track record specific to each subject area are set forth more specifically on subject matter pages.

The information above pertains to our general trial lawyer qualifications. On the California food poisoning lawyers page we provide our specific credentials as California food poisening lawyers and Food and Drug lawyers. On the other pages of this site we also provide specific information with regard to Salmonella outbreaks, E coli outbreaks, Hemolytic Uremic Syndrome HUS and as Thrombotic Thrombocytopenic Purpura TTP Cases, Listeria and Listeriosis Cases, Botulism, Campylobacte, Norovirus, Salmonella and Shigella litigation. Our food poisening lawyers are pleased to consider cases of serious food poisening related illness arising in Northern and Southern California in Los Angeles San Diego Orange County the San Francisco Bay Area Oakland Berkeley Santa Clara County San Jose and Sacramento. If you or a family member has suffered a serious food poisoning related illness, or if a loved one has died as the result of a food poisoning related illness, please consider our credentials and then submit our e-mail "Food Poisoning Lawyers Case Evaluation Request." We are pleased to provide case consultations free of charge and without any obligation. We are here to serve you.


Our California Salmonella Lawyers, Serving Los Angeles, San Francisco, Sacramento, San Jose, Orange County and San Diego Provide the Following Henke Law Office Attorneys Disclaimers for the States of Alaska Alabama Arkansas Arizona California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Kansas Kentucky Louisiana Massachusetts Maryland Maine Michigan Minnesota Missouri Montana North Carolina North Dakota Nebraska New Hampshire New Jersey New Mexico Nevada New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee Texas Utah Virginia Vermont Washington Wisconsin West Virginia and Wyoming.

Please consider our Legal Notices page. The following is a synopsis:

Our California salmonella lawyers provide free initial consultations to those who have suffered salmonellosis as the result of the peanut butter salmonella outbreak throughout California, in Los Angeles, the San Francisco Bay Area, San Diego, Orange County, San Jose and Sacramento.. Merely viewing the web site or contacting the Henke Law Office lawyers by telephone, email or by submitting a case evaluation form, however, does not create an lawyer-client relationship with attorney Henke or the Henke Law Firm. The only way that a lawyer-client relationship can be created with attorney Henke or his firm is by a written attorney retainer agreement signed both by the client and attorney Henke. This web site is provided for informational purposes only. It is not intended as legal advice and should not be interpreted as legal advice. No information on this web site should be relied upon in making any decision with regard to your case; rather decisions should only be made upon the advice of an appropriately qualified attorney with whom you have contracted to provide legal advice. It is the intent the Henke Law Office attorneys in framing the content of this salmonella lawyers informational page to comply with all laws and ethical rules in all states in which such rules exist, including those of Alaska Alabama Arkansas, Arizona California Colorado Connecticut Delaware Florida Georgia Hawaii, Idaho Illinois Indiana Kansas Kentucky, Louisiana Massachusetts Maryland Maine. Michigan Minnesota Missouri Montana North Carolina North Dakota. Nebraska New Hampshire. New Jersey New Mexico Nevada New York Ohio, Oklahoma Oregon Pennsylvania Rhode Island South Dakota. Tennessee Texas Utah Virginia, Vermont Washington Wisconsin West Virginia and Wyoming. Information to comply with the rules applicable in specific states is set forth below and on the Legal Notices Page of this web site, which we invite you to consider, and hereby incorporate in this salmonella lawyers web page.

By virtue of the characteristics of Internet communication of attorney advertisements generally, including by the ability of persons to view the advertisements beyond state borders, and indeed worldwide, the following notices are provided for all states of the United States. The salmonella attorneys of the Henke Law Office do not represent clients involved in litigation in other countries. The state laws and state bar rules and other laws governing Internet communication generally, and lawyer advertisements in particular are constantly changing. Attorney. Henke has made an effort on this general informational salmonella lawyers web page below and on the Legal Notices page to comply with all the applicable state laws, state bar rules and other rules governing lawyers and attorneys in anticipation that this salmonella lawyers advertisement might be viewed by citizens of Alaska Alabama, Arkansas Arizona California. Colorado Connecticut Delaware Florida Georgia ,Hawaii Idaho Illinois Indiana Kansas, Kentucky, Louisiana Massachusetts. Maryland Maine Michigan Minnesota Missouri Montana, North Carolina North Dakota Nebraska New Hampshire, New Jersey New Mexico Nevada in New York. Ohio Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee Texas Utah Virginia Vermont Washington Wisconsin West Virginia and Wyoming. This attorney advertisement is not intended for those whose potential salmonella cases do not have a nexus with the state of California, e.g., an incident that arose in the state, or in which the lawsuit might properly be brought in the state, e.g., by virtue of a defendant's incorporation in the state or the location of its principal place of business in the state.

The following are particular admonitions intended to comply with the laws and rules of the identified states:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Accident, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, Henke Law Office attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

For all those states which consider informational lawyer web pages to be advertisements, please take notice, this web site and salmonella lawyers page is an advertisement. The lawyers of the Henke Law Office consider the following information to be good advice for all of the following states: Alaska Alabama, Arkansas Arizona California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Kansas Kentucky Louisiana Massachusetts, Maryland Maine Michigan Minnesota Missouri Montana North Carolina North Dakota Nebraska New Hampshire New Jersey New Mexico Nevada New York Ohio Oklahoma Oregon Pennsylvania ,Rhode Island South Dakota Tennessee Texas Utah Virginia Vermont Washington Wisconsin West Virginia and Wyoming: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon attorney advertisements or self-proclaimed expertise. The salmonella lawyers of the Henke Law Office hereby state: “Before you decide on an attorney to represent you, ask us to send you free written information about our qualifications and experience, and please consider also the qualifications of all other available lawyers. We do not hold ourselves out to be specialists in states which certify specialists. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered."

This web site and the instant salmonella lawyers page are not intended for the purpose of soliciting any prospective clients residing in the States of Alaska Alabama Arkansas Arizona Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Kansas Kentucky Louisiana Massachusetts Maryland Maine Michigan Minnesota Missouri Montana North Carolina North Dakota Nebraska New Hampshire New Jersey New Mexico Nevada New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee Texas Utah Virginia Vermont Washington Wisconsin West Virginia and Wyoming for the commencement of any civil action in any of the above states either by attorney Raymond L. Henke or the Henke Law Offices. If the lawyers of the Henke Law Offices were to file a civil lawsuit in any of the above states, the law firm would do so only in association with an attorney who was a member of the Bar of the state, who would serve as the local attorney in the litigation, only on the request of said local attorney, and only with the permission of the state court for the Henke Law Office lawyer to appear as the attorney for the client pro hac vice. We do not solicit clients in any such state; although we may offer our services as trial lawyers to attorneys in these other states who consider that they might benefit from our expertise.