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Oklahoma Woman sues Wal-Mart over Tainted Meat

An important point brought up in this story is that one reason the tainted meat stayed on the shelf after it had officially been recalled was that it wasn’t labeled. Shoppers had no way of knowing that the product on the shelf had actually been recalled.

Lawsuit: Ground beef had E. coli [Arkansas Democrat Gazette]

A Muskogee, Okla., woman filed a federal lawsuit against Wal-Mart Stores Inc. and Tyson Foods Inc. on Monday, claiming that beef she purchased in early June gave her E. coli poisoning.

In her filing in U. S. District Court in the Eastern District of Oklahoma, Melinda Pierce said she became immediately ill after consuming the meat, which she believes was produced by Tyson Foods.

Tyson Fresh Meats, a subsidiary of Springdale-based Tyson Foods, on June 8 recalled about 40, 000 pounds of beef sold to Wal-Mart in 12 states — including Oklahoma — on E. coli concerns.

The recalled ground beef was not labeled as Tyson product, according to information on the U. S. Department of Agriculture Web site.

However, Pierce believes the beef she purchased from Wal-Mart was from Tyson because of similarities between the product she purchased and descriptions of the packaging provided by Tyson in recall notices, the filing said.

At the time of the recall, Tyson said there had been no reports of illness, and on Tuesday both Tyson and Wal-Mart reiterated their commitments to food safety.

“We did not know of this claim until Monday when we were contacted by a Tulsa TV station,” Tyson spokesman Gary Mickelson said in an e-mailed response. “We’ve since received a copy of the lawsuit and intend to investigate this matter.”

Pierce said she has suffered pain, nausea and distress of her liver, kidneys and intestines, and has remained in the hospital since June 8, according to the filing. Pierce is suing the two Arkansas companies for negligence in handling and inspecting the meat and for failing to protect the public in the recall, the filing said.

John Simley, a spokesman for Wal-Mart, said the recalled meat was immediately removed from its meat cases in early June and a computer block was placed on the product so it couldn’t be sold.

Simley also said the Bentonville retailer had not been served the lawsuit yet and he wasn’t aware of any other complaints of illness because of the recalled meat. He declined to comment on the suit.

The June 8 recall was comparatively small compared with other E. coli recalls occurring across the country at that time, including a 5. 7 million pound recall in Western states by United Food Group. There have been eight E. coli-related beef recalls in the United States already this year, though government officials recognize no trend or connection between them. A spokesman for the USDA’s Food Safety and Inspection Service could not be reached by phone for comment on Tuesday to confirm the illness. Pierce’s husband, Jim, is also seeking damages for disrupting “marital relations” with his wife, the filing said.

Posted by Alex Goldschmidt on Monday, July 09, 2007

Click Here for a Printer-Friendly Version

COMMENTS

I proclaim this thread to be dead meat… primarily because a recall of this sort could have happened to anyone and even the most rabid anti Wal-Marter would have difficulty making anymore out of it than that.

Then why, you may ask, did you link to this story in a previous thread?

Because it gave me the opportunity* to illustrate the fallacy of accepting anecdote as fact, one of the fundamental differences between the pro and anti Wal-Mart factions.

Fact: Tyson Fresh Meats, a subsidiary of Springdale-based Tyson Foods, on June 8 recalled about 40, 000 pounds of beef sold to Wal-Mart in 12 states — including Oklahoma — on E. coli concerns.

Anecdote: You seem to forget, that I live in Arkansas, I shop at Wal-Mart and guess what, I bought some Ground Beef there Sunday!! I ate it, it tasted good and guess what, I’m still alive and didn’t get sick!!

A reasonable person would avoid buying hamburger at Wal-Mart until they felt confident the problem had been resolved. Basing your decision to buy hamburger on a single anecdote seems unreasonable to me.

The implication of RDS’s anecdote is it’s better to risk possible illness rather than lose sales for Wal-Mart.

an·ec·dote: na short account of a particular incident or event of an interesting or amusing nature, often biographical.

*(it also gave me the opportunity to poke RDS with a stick. :o)

Ken V in Texas
Tuesday, July 10 at 04:30 AM

Ken V,

“Fact: Tyson Fresh Meats, a subsidiary of Springdale-based Tyson Foods, on June 8 recalled about 40, 000 pounds of beef sold to Wal-Mart in 12 states — including Oklahoma — on E. coli concerns.”

And, one should assume then, from this, that the parties involved, are just talking and NOT acting, right?  Therefore, people should shun buying and eating hamburger from these stores, right?

“A reasonable person would avoid buying hamburger at Wal-Mart until they felt confident the problem had been resolved.”

And, how long would that be?  According to you guys, they are ignoring the problem, so that time period could be weeks!!  Therefore, people should buy their hamburger somewhere else, for a couple of weeks and pay a higher price, based on a paranoia, that the problem isn’t being worked on!!  Example:  You hear a recall on tires on Ford vehicles!!  Ken’s Reaction: Everybody should STOP driving Ford vehicles, untill all tires have been changed, but, what if they were changed out with some other faulty tires, better to stop driving Fords, altogether!!

“*(it also gave me the opportunity to poke RDS with a stick. :o)”

You live in Texas, right?  What happens when you poke a stick at something?  You might get bit!!  :o)

RDS in
Tuesday, July 10 at 10:08 AM

Pierce’s husband, Jim, is also seeking damages for disrupting “marital relations” with his wife, the filing said.

Good stuff.

tjc in NY
Tuesday, July 10 at 10:32 AM

Yeah, I thought so too, tjc.

It’ll be interesting to see the dollar amount placed on disrupting “marital relations” should they win.

Ken V in Texas
Tuesday, July 10 at 01:38 PM

We all know RDS said this, recently--“You seem to forget, that I live in Arkansas, I shop at Wal-Mart and guess what, I bought some Ground Beef there Sunday!! I ate it, it tasted good and guess what, I’m still alive and didn’t get sick!!”

Did it occur to anyone reading the main article that if proper cooking techniques were used, this “feeding frenzy” would be a moot point.

The internet has plenty of resources available concerning food safety and E. coli...check it out…

Bill

Bill in
Tuesday, July 10 at 04:15 PM

Did it occur to anyone reading the main article that if proper cooking techniques were used, this “feeding frenzy” would be a moot point.(?)

So now it’s the customer’s responsibility to take up the slack for Tyson and/or Wal-Mart?

You neo-capitalists kill me. All about personal responsibility, huh?

Raise you hand if you want some free hamburger. It’s tainted with e-coli but “proper cooking techniques” should take care of that....we think...we hope!

“You were responsible for reducing all of your controllable expenses from one year to the next. If it was down 1/10 of one percent that’s fine. You still reduced it. But you still were responsible for reducing every line of your controllable expense.” ~ Stan Fortune, former Wal-Mart manager.

Ken V in Texas
Tuesday, July 10 at 07:46 PM

Those corporate apologists at the <a >FDA</a>!

Unfortunately, bacteria isn’t responsive to people’s good intentions, whether they are producers or consumers. Mistakes happen, equipment fails, processes are flawed. Was this an isolated incident or some systemic failure? Unless you work for Tyson, I doubt you’d ever know the answer to that. Well, since Wal-Mart’s pressure on suppliers is so relentless, this should be just the beginning. Hurray for you.

For every complex problem there is an answer that is clear, simple, and wrong. ~H. L. Mencken

(That quote’s probably not the most appropriate, but I like it.)

tjc in NY
Wednesday, July 11 at 07:43 AM

(That quote’s probably not the most appropriate, but I like it.)

Mencken rules!

Ken V in Texas
Wednesday, July 11 at 10:04 AM

Ken V,

“It’ll be interesting to see the dollar amount placed on disrupting “marital relations” should they win.”

I was once sued by a person who broke his wrist on my property and the amount was $500,000.00 for disrupting “marital relations”, I thought he must have been pretty good with that hand!!  In the end, he got zip for it!!

“So now it’s the customer’s responsibility to take up the slack for Tyson and/or Wal-Mart?”

Yes, it is the customer’s responsibility to follow cooking directions and cook meat as directed!!  Under your premise, if a customer stabs himself in the eye with a knife, it is not his fault that he didn’t use the knife properly, it is the fault of the manufacturer and the store that sold it!!

RDS in
Wednesday, July 11 at 11:18 AM

To be fair, it’s not like stabbing yourself in the eye; it’s more like you were using the knife and the blade snapped off.  If you were careful, you probably wouldn’t hurt yourself. And if you weren’t careful, and maybe even if you were, you could cut yourself. Most people would expect the knife not to break, just like most people buy meat under the assumption that it’s not dangerous to eat.

The lesson is, always wear your seatbelt.

tjc in NY
Wednesday, July 11 at 12:14 PM

..it’s not like stabbing yourself in the eye;

I am so proud of you, tjc!

Most dramatically, overhead costs jumped 14.8% in 2006 alone and now amount to 18.6% of sales, compared with 16.4% in Scott’s first year—a momentous rise in a business that counts profit in pennies on the dollar.

Ken V in Texas
Wednesday, July 11 at 02:43 PM

tjc,

“The lesson is, always wear your seatbelt.”

Another lesson: Always cook your meat properly!!

Disregard the knife senerio you didn’t like and let’s use the one you mentioned as a lesson, okay?  What if you crashed and didn’t have your seatbelt on, and got hurt, it that the manufacturers and dealers fault, or YOURS?  After all, weren’t yu warned that you could get hurt, while not wearing your seatbelt?  Well, people are warned about eating meat that is not fully cooked!!

RDS in
Wednesday, July 11 at 10:54 PM

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Axel in Reginald
Monday, July 16 at 06:15 AM

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