Denver, Colorado: Mixed Greens with Spinach and E. coli

According to a story on KUSA Channel 9 News in Denver, Colorado, a truck driver from Oklahoma gave away 240 cases of mixed greens at a truck stop in Denver. The mixed greens, which came from Earthbound Farms, may have contained spinach contaminated with E. coli O157:H7 bacteria. The driver claims that King Soopers and its parent company, Kroger, told him he could give it away because it was improperly labeled.

Ken Palmer, the driver, told 9 News that King Soopers rejected a portion of his truck load because of improper labeling.

"As it here says [sic], no spinach on the box and there [sic] supposed to be a little tag that says no spinach. That's why King Sooper rejected it. So authorized by Kroger [sic], I can either donate it or trash it. I feel better to donate [sic] it," said Palmer. (KUSA Channel 9, Denver, Colorado)

Kroger denies that it authorized the driver to give the mixed greens away.

To date, the CDC has confirmed 175 cases of E. coli O157:H7 linked to spinach eaten earlier this month. Of those, 28 have developed hemolytic uremic syndrome (HUS) and one has died. If people eat the mixed greens given away in Colorado and contract E. coli O157:H7, multiple parties could possibly be held liable.

Fred Pritzker practices extensively in the area of food poisoning lawsuits. In a recent case, he acted as lead counsel for several victims of a foodborne outbreak linked to deli meat and recovered over $3,000,000 for one of the victims of that outbreak, a mother who lost her unborn twins. To contact Fred Pritzker, call toll-free at 1-888-377-8900, e-mail fhp@pritzkerlaw.com or fill out the online, E. coli-attorney consultation form. Learn more about E. coli attorney Fred Pritzker on our website, www.pritzkerlaw.com.

Source: Thanh Truong, Grocery company says it did not approve mixed greens giveaway, KUSA Channel 9 News (Denver, Colorado), September 25, 2006.

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