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Lawsuits launched against spinach producers Natural Selection Foods, Dole Foods named defendants in four lawsuits; plaintiffs claim they became ill after eating contaminated spinach. NEW YORK (CNN) -- In four lawsuits filed this week, plaintiffs claim they became ill after consuming spinach distributed by Natural Selection Foods, Natural Selection Foods Manufacturing and Dole Food, which announced a massive recall of the greens last week. The Federal Drug Administration has linked the infection of 158 people with a strain of E. coli to spinach manufactured by the three companies. The death of at least one child is linked to the outbreak, and the death of a 2-year-old is being investigated. Natural Selection Foods and Natural Selection Foods Manufacturing, which share the parent company Earthbound farms, are named as defendants in all four lawsuits. Dole Food is named only in one complaint, filed in Utah. Two lawsuits were filed in Wisconsin and the other in Oregon. Each of the lawsuits charges the defendants with "liability, breach of warranty and negligence." In response to the lawsuits, Dole Food had no comment according to a spokesman. Samantha Cabaluna, a spokeswoman for Natural Selection Foods and Natural Selection Foods Manufacturing, which share the parent company, Earthbound Farms, said they had not yet received the complaints and therefore could not comment on them. Bill Marler, the lawyer overseeing all four complaints, has dealt with more than 1,000 E. coli-related complaints, many of which are related to spinach and lettuce. He said he has not dealt with Natural Selection before. "I sued Dole last year for sickening 23 people and causing one girl to be hospitalized for 30 days, 19 days of dialysis," he said. "This is nothing new to Dole for sure," he added. Todd Gardner, who works with Marler and represents the woman who filed the complaint in Utah - the mother of a 7-year-old boy who tested positive for E. coli - said the boy consumed spinach manufactured by Natural Selection and then two days later had to be taken to an emergency room. The boy returned to the emergency room several times and is currently under the care of a pediatric gastroenterologist but is doing much better, Gardner told CNN. He said the boy's mother, Sheila Leafty, also ate the spinach but did not become ill, which Gardner attributes to children being more susceptible to E. coli than adults. Symptoms of E. coli infection include diarrhea and vomiting, and the bacteria can lead to more severe complications, including anemia and kidney failure, particularly in the very young or elderly. In the lawsuit filed in Oregon, Gwyn and David Wellborn also claim they became sick after eating bagged spinach manufactured by the defendants. Gwyn Wellborn has had four blood transfusions and eight plasmapheresis exchanges, according to the complaint. In one of the Wisconsin lawsuits, two children of the Zientek family became ill after eating spinach and were tested positive for E. coli. In the other Wisconsin complaint, filed Friday, the parents of two children of the Grintjes family make similar allegations. Plaintiffs in all four lawsuits are suing for damages but no monetary award has been requested yet, according to Marler. A number of national grocery chains, such as Supervalu Inc. (Charts) and Wal-Mart (Charts), have pulled bagged spinach products from their shelves in response to the contamination. By CNN's Katy Byron, CNN's Lia Araujo contributed to this report. --------------------------------------------- |
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