An Arizona federal court jury returned a verdict in which Foster Farms will be ordered to pay $1.95 million in damages for a child who suffered a brain injury as a result of a Salmonella Heidelberg infection from consuming chicken traced back to Foster Farms.
In what is believed to be the first verdict of its kind, the jury concluded that Foster Farms was negligent in producing Salmonella Heidelberg-contaminated chicken and that, based on epidemiological and microbiological evidence alone, it caused Noah Craten’s illness. The jury attributed 30 percent of the fault to Foster Farms and 70 percent to family members for their preparation of the chicken.
The verdict was announced in a press release issued by Pritzker Hageman PA, the legal firm representing the young patient.
The case, according to the law firm, established that chicken processors like Foster Farms can be held responsible for Salmonella contamination on raw chicken product even though the USDA does not consider Salmonella a per se “adulterant” in raw chicken and even though the bacteria can be killed by cooking the chicken.
The verdict was reached despite the fact that the plaintiffs could not produce receipts or other direct evidence that they had purchased Foster Farms products. However, Noah’s illness did coincide with the time that the company was linked to a Salmonella outbreak from March 1, 2013 to July 2014. In that outbreak, more than 630 people from 29 states became ill, according to the U.S. Centers for Disease Control (CDC).
Since the outbreak occurred, Foster Farms instituted a multi-hurdle Salmonella control program and committed to a companywide Salmonella prevalence level of five percent in whole body chickens and parts. This compares to the USDA permissible level of 9.8 percent for whole body chickens and 15.4 percent for parts. At the same time, the company shared key components of the program with governmental and industry leaders to help the U.S. poultry industry improve food safety nationwide.
Foster Farms responds
“Foster Farms recognizes the federal verdict in the matter of Noah Craten vs. Foster Farms. In reaching a verdict of $6.5 million associated with a 2013 Salmonella illness, the jury assessed 70 percent of the damages ($4.55 million) as being the responsibility of the Craten family, while assigning 30 percent of the damages ($1.95 million) to Foster Farms,” Foster Farms said in a statement issued following the verdict.
“Regardless of the source of illness, Foster Farms is pleased that Noah Craten has recovered. It is in the interest of all poultry producers to ensure that the safest possible product reaches the marketplace. … Foster Farms’ current food safety performance record is recognized as being among the best in the U.S. poultry industry, and the company is committed to advancing food safety for the benefit of consumers, customers and the poultry industry.”
