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Wegmans Salmonella Lawsuit Filed in New York as Outbreak Linked to Pine Nuts Grows

Attorneys Fred Pritzker and Ryan Osterholm of our law firm filed a lawsuit in New York yesterday against Wegmans Food Markets and Sunrise Commodities (distributor) on behalf of a victim of the multistate Salmonella outbreak linked to Turkish pine nuts sold at Wegmans grocery stores. In September 2011, our client purchased pine nuts at Wegmans and made basil pesto with them. After eating the pesto, she began to suffer weakness, abdominal pain, diarrhea and fever. Her condition worsened, and she was later admitted to the hospital.

“This outbreak was caused by a breakdown in the food safety systems designed to protect consumers” said food safety attorney Fred Pritzker.  “After-the-fact testing conclusively proved that the Turkish pine nuts were adulterated with Salmonella Enteritidis. Had these companies properly tested the product in the first place, this outbreak would not have occurred.”

CDC Update of Salmonella Outbreak Linked to Pine Nuts Sold at Wegmans

A total of 43 individuals infected with the outbreak strain of Salmonella Enteritidis were reported from 5 states. The number of ill persons identified in each state with the outbreak strain was as follows: Maryland (1), New Jersey (2), New York (28), Pennsylvania (8), and Virginia (4).

Among 43 persons for whom information was available, illnesses began on or after August 20, 2011. Ill persons ranged in age from <1 to 94 years, and the median age was 43 years old. Sixty percent of patients were female. Two patients were hospitalized.

Epidemiologic and laboratory investigations conducted by officials in local, state, and federal public health, agriculture, and regulatory agencies linked this outbreak to eating Turkish pine nuts sold in bulk bins at Wegmans grocery stores. Some Turkish pine nuts were consumed as an ingredient in prepared foods, such as Caprese salad or asparagus with pine nuts, sold at Wegmans stores. These pine nuts were imported from Turkey.

Among 40 ill persons for whom information was available, 28 (70%) reported consuming Turkish pine nuts or products containing these pine nuts in the week before their illness began.

Early in the investigation, shopper card information was collected and used to identify which specific products to suspect as sources of illness. Ill persons gave permission for public health officials to retrieve shopper card purchase information. A review of shopper card records identified that ill persons had purchased the same type of Turkish pine nuts from bulk bins at different locations of Wegmans grocery stores before becoming ill.

Laboratory testing conducted by public health laboratories in several states has identified the outbreak strain of Salmonella Enteritidis from 14 samples of Turkish pine nuts or pesto containing Turkish pine nuts.

  • The Virginia Division of Consolidated Laboratory Services isolated the outbreak strain of Salmonella Enteritidis from Turkish pine nuts that were purchased from bulk bins at Wegmans stores and collected from an ill person’s home, and from retail samples of Turkish pine nuts collected from a Wegmans store where ill persons reported shopping.
  • The New York State Department of Health, Wadsworth Center Laboratory, isolated the outbreak strain of Salmonella Enteritidis from three separate samples of homemade pesto containing Turkish pine nuts from three unrelated ill persons’ homes. In addition, culture of two samples of Turkish pine nuts which were purchased from bulk bins at different Wegmans stores and collected from two ill persons’ homes (one who also provided one of the pesto samples) yielded the outbreak strain.
  • The Pennsylvania Department of Health Bureau of Laboratories isolated the outbreak strain of Salmonella Enteritidis from two samples of homemade pesto containing Turkish pine nuts from an ill person’s home, and from Turkish pine nuts which were purchased from bulk bins at two Wegmans stores and collected from two unrelated ill persons’ homes.
  • The Maryland Department of Health and Mental Hygiene isolated the outbreak strain of Salmonella Enteritidis from a sample of pesto containing Turkish pine nuts, and from a sample of Turkish pine nuts which were purchased from bulk bins at a Wegmans store and collected from an ill person’s home. The outbreak strain was also isolated from a sample of bulk pine nuts collected from a second Wegmans store in Maryland that was not associated with any illnesses.