Wal-Mart in the ‘hot seat’
Remember back in June, when the FDA warned consumers about eating certain kinds of tomatoes coming out of Mexico due to potential salmonella contamination? And then expanded that warning to include certain peppers as well? All vendors of these products, including Wal-Mart were to halt the sale of such items.
Cheryl Grubbs is filing suit against Wal-Mart Stores, Inc, alleging that her husband, Brian Grubbs came close to death after eating several jalapeno peppers that were purchased at a Wal-Mart and tainted with salmonella in an article published today in LawyersandSettlements.com.
[An earlier version of this blog post mentioned that the FDA recall in question occured on June 25, 2008. This was incorrect: we apologize for the mistake.]
Tomato-Pepper Salmonella: Why the Grubbs are Suing Wal-Mart
Dolores, CO: “Truckloads of contaminated jalapenos were turned back at the border before we bought them at Wal-Mart,” says Cheryl Grubbs, “so why did Wal-Mart still have them in their store?” Her husband, Brian Grubbs, almost died from the tomato/pepper salmonella outbreak, and Cheryl is furious because his illness could have been avoided.
Cheryl is also hopping mad wondering how many others got sick. “Many people around here can’t even afford a doctor,” she says. “We have three grocery stores where I live and Wal-Mart, being the biggest and cheapest, has always been the store of choice. And around here, our economy is low. But I won’t be shopping at Wal-Mart anymore.”
Some people have inferred that the Grubbs family is trying to “make a quick buck” from this lawsuit, but Cheryl believes that someone has to be accountable. Brian Grubbs is lucky to be alive today.
“We were having a big picnic in the mountains and purchased about 30 jalapeno peppers at Wal-Mart,” says Cheryl. “Our family eats them like apples—it’s a southwest kind of thing. My intention was to make stuffed jalapenos but we got too busy, so over a three-day event, some of us ate raw peppers and others ate them barbecued. I took the rest home and put them in the fridge and during the week my husband continued to eat them with his meals.
Late in the evening on July 3rd Brian got sick. He was feverish, vomiting, and aching all over and figured he got some kind of bug, maybe a cold. But I was concerned because he never gets sick and has an iron stomach. The next day Brian went to work but by 10am he called and said he was too sick to work. We have a catering service and had a big job for July 4th weekend. Poor Brian; he was either sitting in his pickup, directing our helpers, or on the toilet. I brought him Imodium, Gatorade, water and Tylenol and tried to make him comfortable but nothing worked.
I took him home that day around 6pm and he continued to be sick throughout the night. And he was exhausted. I noticed his weight had gone down and he had dark circles around his eyes, but Brian thought he might get better. Not so: it got to the point where he couldn’t eat or drink. Typical man, he still didn’t want to see the doctor. And the doctor is about 60 miles away so it was time consuming and financially a problem. And Brian didn’t want to be an imposition—he just needed a quiet day at home to heal.
I woke around 6am Sunday morning and Brian asked me to take him to the hospital. That woke me right up! ‘Look at my mouth’, he said. His gums, the roof of his mouth and tongue were black. I was absolutely terrified but tried to remain composed for our 15-year-old son. My sister--who was visiting us--was so terrified she packed up and went back to California, fearing it was contagious. (She is in the medical field and told me afterwards when that happens, you usually die.)
On our way to hospital Brian told me he prayed all night that he would wake in the morning. He was scared too. When we got there, I had to get a wheelchair—Brian couldn’t even stand up. The first thing they asked was if Brian had eaten any tomatoes. I found out later that they had seen several cases of salmonella, so Brian wasn’t the first case. But he was sick weeks after the tomato scare and we hadn’t bought any tomatoes until we heard that the outbreak was over. How could he have salmonella poisoning?
As well, we were led to believe from the media that the salmonella outbreak was coming from restaurants, not from local markets—we hadn’t eaten in any restaurants.
Brian lost about 14 lbs in four days, but the main concern was his kidneys. Brian had a disease 20 years ago that left him with the function of one kidney and now his creatinine level (that indicates kidney function) had jumped up over a point and that was very dangerous. His internal organs were beginning to shut down, including his liver. The doctor also said, because of the stress his body was under, Brian was lucky he didn’t have a stroke or heart attack. He is our number one man and this was not good--he has kids and grandkids.
They immediately started hydrating him and at home he was put on a special diet of clear liquids and lots of water. At this point we didn’t know the jalapenos were contaminated and we still had some in the fridge!
The next day the hospital called to tell us he had salmonella that was off the charts and that I needed to go back to the hospital immediately to get his medicine.
Next I called my local health department and tried to get the word out that we had salmonella here in town. All I got was someone’s voice mail and that made me furious. We live in a small community and nobody was paying attention. Nearby Weld County had posted a salmonella outbreak online so why wouldn’t we have our area posted online? I was trying to do research to find out what to do, to protect my family and do my civic duty. I have babies here—what if they had eaten the jalapenos?
Three days later I got a call from a woman at Grand Junction Health Department about 120 miles away, saying she ‘heard a rumor’ about someone with salmonella. Rumor my ass! Then I got a call from the head nurse at our local health department: she apologized because her staff didn’t handle this correctly. After going through all these channels, whose duty is it to report salmonella? Is it mine, do I call the newspaper, who is responsible for this?
The county nurse told me to bring any tomatoes, jalapenos, onions, cilantro and tortillas and she would have them sent to Denver to be checked. I did have jalapenos, onions and tortillas.
I called Denver again and found out Brian’s stool sample and the peppers had the same DNA fingerprint for Salmonella saint paul. That was the first time we heard about the peppers. By now it was July 24th and I had reported to them on the 7th!
At this point I was furious with the health department. Why do we pay taxes? Homeland security is scamming us. Where is the FDA? Where are people who are supposed to be helping us? My blood was boiling…I went online and typed “lawyers, salmonella.” I need someone to help us and Marler Clark law firm came up. I sent everything to Bill Marler.
On July 29th our local newspaper printed an article about Brian’s sickness and that he had contracted salmonella.
Brian went back to the doctor. Although his creatinine level was down, he didn’t know of potential long-term effects. To this day Brian has a sensitive stomach and he can’t tolerate anything spicy—definitely no jalapenos. He is still fatigued and hasn’t gained his weight back. And it has taken an emotional toll: he is not the same man, having the idea of leaving his family has effected him. How many years has this taken off his life? Now anger is setting in.”
On September 16th, Cheryl Grubbs will discuss their jalapeno salmonella lawsuit with LawyersandSettlements.
Posted by Luke West on Thursday, September 11, 2008
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COMMENTS
We Gotta Nip This Story in the (Pepper) Bud!
Here we go again! Have you been getting some “coaching” from Alex Goldschmidt on how to start a useless discussion thread?
I think if you read through your posting again, you’ll see that the operative word is “alledges.”
According to the story, Cheryl is “wondering how many others got sick.” That’s the point! How many other people did get sick? Was there something else that could have caused her husband’s violent illness? There’s a lot this story doesn’t tell us.
Why don’t you chase down some REAL IMPORTANT Wal-Mart news stories?
ScrewedbyWal-Mart in Anytown, America
Thursday, September 11 at 01:20 PM
ScrewedbyWal-Mart:
It turns out that “alleges” isn’t spelled with a “d”, and your grammar recommendation is a little unfounded as well.
Thanks for keeping us on our toes though
Luke West in
Thursday, September 11 at 02:20 PM
Everyone should sue walmart ,a least once .
MATT in
Thursday, September 11 at 03:43 PM
Wal*Mart still is a Huge Problem with regard to the economic stability of the United States. Bad Peppers or not. The issue, as far as I’m concerned is what does it say about our country’s future when the Largest Employer is destroying the middle class that they claim to serve. They sent the jobs away, they should get them back and they should stop with their “cult like” employee doctrin. If you consider yourself an American patriot, Sell your stock and don’t shop there.
EM*F in Someone You Know
Thursday, September 11 at 05:06 PM
...a Wal-Mart in Colorado may have been too slow to act on the FDA’s warnings.
Just one more item adding to the narrative that Wal-Mart is “too slow” when it comes to recalls.
It’s been known for some time that Wal-Mart’s ‘world class’ distrubution system leaves something to be desired when it comes to perishables. As my childhood friend used to say:
Smell it before you eat it!
Bon Appetit!
Ken V in Texas
Thursday, September 11 at 06:43 PM
Thank You For “Keeping Me on My Toes”, Luke!
No doubt about it. The word allege does not contain a “d.” You get a point!
This blog has had a tacit agreement that precedes your arrival. It’s generally been understood not to jump on the spelling of others, no matter how irritating it can be. It’s so petty.
You missed the point of my post. Give Cheryl and Brian Grubbs their day in court. If they prove beyond a reasonable doubt that Wal-Mart was grossly negligent, then please give us an update.
What I question is whether or not there were any other similar cases of suspected Salmonella poisoning reported for the Wal-Mart store they shopped at or any other Wal-Mart stores in the area. I also question some of Cheryl Grubbs’ statements. She admits there are 3 grocery stores in her area but she shops at Wal-Mart because they are “the biggest and cheapest.” This may be the real source of her problem!
She admits her family eats peppers “like apples.” I assume this means raw and uncooked or unprocessed in any way. She says, “To this day Brian has a sensitive stomach and he can’t tolerate anything spicy...” Does she mean since he ate the alleged bad peppers, or has he always had a “sensitive stomach?” She also says he has an “iron stomach.” So which is it? And how did she know the peppers Wal-Mart was selling came from Mexico? Could she tell just by looking at them? Did Wal-Mart tell her the peppers came from Mexico?
Then there is the question of eating the peppers in question “over a three-day event.” How do we know how these peppers were handled and stored once they left the Wal-Mart store? Then Ms. Grubbs adds that she took the leftovers home and Brian continued to eat them “during the week.” Did the people who ate the peppers barbecued at this “3 day event” also get sick? Questions. Questions.
I suspect this is another one of those non-stories that will quietly go away, never to be mentioned again.
If you don’t know what I’m talking about Luke West, ask Alex Goldschmidt about the “Deadly Flip Flops.”
ScrewedbyWalMart in Anytown, America
Thursday, September 11 at 07:26 PM
And Another thing...
Ms. Grubbs should really get her timeline together. She states the peppers were purchased on July 1st. The peppers were supposedly eaten over a “three-day event.” Her husband Brian gets sick on July 3rd, but according to her statement, she took the remaining peppers home and he continued to eat them “during the week.” Why would he continue to eat them if he was already sick “Late in the evening on July 3rd?”
This story doesn’t pass the smell test!
ScrewedbyWalMart in Anytown, America
Thursday, September 11 at 07:55 PM
Why anyone would want to feed their family the garbage walmart sells is beyond me!
Oops- one exception- RDS
Michelle in
Thursday, September 11 at 09:04 PM
Michelle,
Why anyone would want to feed their family the garbage walmart sells is beyond me!
Oops- one exception- RDS”
Yeah, another RATIONAL statement from the anti group, that I’m the ONLY person in the U.S. that buys and eats food products from Wal-Mart!! Another example of how the anti people just MAKE IT UP as they go along!!
RDS in
Thursday, September 11 at 11:24 PM
I’m the ONLY person in the U.S. that buys and eats food products from Wal-Mart!!
You’re not the ONLY anything, RDS. You are just one of the gray masses suffering “the indifferent equivalence of everything with everything else, for an audience that has no concern for that difference, and no discernment of quality.”
As we say in Texas: It’s good enough for who it’s for.
“The greatest trick the devil ever pulled was convincing the world he didn’t exist.” ~ Verbal Kint
Ken V in Texas
Friday, September 12 at 07:46 AM
You removed my comment complimenting Screwed. Oh well, wouldn’t want him to get a big head.
When, exactly did the FDA/CDC warn about the peppers? Wasn’t it after they bought the peppers? Maybe ddrb can go google it for me?
Someone in USA
Friday, September 12 at 09:54 AM
Let’s see…
1. Screwed raises some valid questions about the article to the writer (Luke West).
2. Our pal, Bobbo jumps-in and encourages everyone to dispose of WMT stock (hasn’t he said this before, already?).
3. Screwed makes a couple more posts with more valid points.
4. All of a sudden, “Michelle” has to go and mention RDS, and by doing so, turning the conversation away from the subject (and into another RDS bash-fest).
Whassamatter Michelle? Are you afraid Screwed might actually be on to something, here??
bbrd in
Friday, September 12 at 10:22 AM
..into another RDS bash-fest..
I, for one, swear to quit bashing RDS as soon as he quits making stupid posts.
You want to talk peppers, bb? Or maybe defend Wal-Mart’s recall practices?
Maybe ddrb can go google it for me?
Suspicions confirmed, Someone. You don’t do any research on your own. It shows. (Oops! Did I just turn this into a Someone bash-fest?:O)
What’s good for Wal-Mart is BAD for America!
Ken V in Texas
Friday, September 12 at 12:15 PM
Whassamatter Michelle? Are you afraid Screwed might actually be on to something, here??
bbrd in
I know screwed is onto to something! He refreshed our memories , on RDS, by reposting a comment by Robert!
RDS-
If you think your role is to say “black” whenever someone else says “white” then you contribute nothing to the discussion. Apparently you get some personal satisfaction out of doing this, you must have a pretty unexciting life…” ~Robertdfeinman
Michelle in
Friday, September 12 at 12:20 PM
I found this on the FDA site.
“FOR IMMEDIATE RELEASE—July 21, 2008—Agricola Zaragoza, Inc. of McAllen, TX is recalling Jalapeno Peppers distributed since June 30th, 2008 because they have the potential to be contaminated with Salmonella,”
http://www.fda.gov/oc/po/firmrecalls/agricola_zaragoza07_08.html
So apparently Walmart was supposed to recall the peppers before the recall. The peppers in question were ones that were distributed since June 30th. So the ones that the person in the lawsuit got would probably have been the first received in that area since they bought them before July 3rd. Once again the people on here need to research a little before they start making accusations of Walmart being slow recalling merchandise.
It is amazing how the google queens DDRB and Ken couldn’t find this information, but can find any negative information on Walmart or John McCain.
Dave in
Friday, September 12 at 12:22 PM
Thanks, Dave. I didn’t think they were already blaming the peppers in June.
Someone in USA
Friday, September 12 at 12:33 PM
...would probably have been...
Do courts accept “would probably have been”?
Right, wrong, or indifferent, these little suits cost the Beast resources.
..the people on here need to research...
You hear that, Someone? Quit relying on Double D to do your research for you.
When they discovered my father was an admiral, they took me to a hospital. ~ John McCain
Ken V in Texas
Friday, September 12 at 01:57 PM
While they probably would have been some of the first that would have been involved in the recall; they definately would have been purchased well before the recall which I’m pretty sure the courts will figure out. The one they should be going after is the grower, but I’m guessing their pockets aren’t quite as deep as Walmart’s. Also the research should have been done by WMW before they posted that Walmart was slow in doing the recall, and perhaps should have been done by you before you made this statement, “Just one more item adding to the narrative that Wal-Mart is “too slow” when it comes to recalls.” Looks like the antiWalmart movement is wrong yet again.
Dave in
Friday, September 12 at 03:00 PM
I’m with Matt!
Let’s all sue Wal*Mart!
Tar and Feather Lee Scott! That’s what our forefathers would have done.
EM*F in Someone You Know
Friday, September 12 at 04:59 PM
“When they discovered my father was an admiral, they took me to a hospital.” ~ John McCain
Let this be the lesson to anyone in the Military. If anyone asks who your father is, just say “General Mills.” That ought to strike fear into the enemy!
ScrewedbyWalMart in Anytown, America
Friday, September 12 at 06:31 PM
hahahaha
Luke West in
Friday, September 12 at 06:55 PM
As my childhood friend used to say:
Smell it before you eat it!
Bon Appetit! ~~~~~~~~Ken V: I say,smell it before you BUY it!
ddrb in
Friday, September 12 at 07:33 PM
Ken V,
“I, for one, swear to quit bashing RDS as soon as he quits making stupid posts.”
I guess that ‘common sense’, would seem ‘stupid’ to someone with a ‘one track’ anti Wal-Mart view of life!! From the posts here, it seems the only ones that think my posts are ‘stupid’, are the people on your side of the fence!!
RDS in
Friday, September 12 at 11:17 PM
how the hell is wms low prices and wm destroying the middle class you idiots.hey emf you moron your favorite stores sell out america and jobs and we dont hear shit rom you on that so sorry and shut up you have no credibility on your bullcrap ufcw union claims on wm.wm aint destroying anything buddy boyzip your lip
MATT IN in gresham,oregon
Saturday, September 13 at 10:19 AM
“[An earlier version of this blog post mentioned that the FDA recall in question occured on June 25, 2008. This was incorrect: we apologize for the mistake.] “
It’s great that they added that comment, but by leaving in, “ And then expanded that warning to include certain peppers as well? All vendors of these products, including Wal-Mart were to halt the sale of such items,” it still implies that Walmart was slow pulling the peppers off the shelf when in reality this happened nearly three weeks before the peppers were recalled and before anyone even knew anything of the peppers. From the article, the one she seems to be most upset with is the health department yet Walmart is the one she is suing. Go figure. Was Walmart supposed to pull all of their produce when the tomatoes were recalled?
Dave in
Saturday, September 13 at 12:25 PM
Peppers just aren’t that good for you, anyway! It’s the customer’s own fault for buying them! They should have bought more milk!
Darth*Mart in Your Galaxy
Monday, September 15 at 01:29 PM
how the hell is wms low prices and wm destroying the middle class you idiots.hey emf you moron your favorite stores sell out america and jobs and we dont hear shit rom you on that so sorry and shut up you have no credibility on your bullcrap ufcw union claims on wm.wm aint destroying anything buddy boyzip your lip
MATT IN in gresham,oregon
YOU PUT YOUR TEETH IN BOY BEFORE YOU ADDRESS US LITTLE MAN
. in
Tuesday, September 16 at 06:41 PM
First Things First!
In order for MATT “The Magnificent” to put his teeth in, he first has to extract his head from his ass.
ScrewedbyWalMart in Anytown, America
Tuesday, September 16 at 07:03 PM
As Bugs Bunny would say “ WHAT A bunch of maroons!!!”.
Let’s see here now…
We’ve got Matt who is to blogs what a skipping record is to music.
We’ve got RDS, which initials stand for… What the heck, fill in the blanks! Apparently he is superior to everybody else. RDS has pulled himself up by his bootstraps to the point that his balls look like earrings.
Then we’ve got something called “educated mothers for Wal*Mart”, which they need because apparently they are in such short supply.
Then we have a cast of charaters who come and go with all kinds of pro Wal*Mart gibberish.
And if that were not enough Wal*Mart is running a saturation advertising campaign, that smacks of desperation and interupts my favorite music on the radio and TV shows!
What is there to like about Wal*Mart that you can’t get at ton’s of other places? And quite honestly, judging from the pro Wal*Mart “MAROONS” (damn I luv Bugs) Only mindless idiots support the place.
So my pro Wal*Mart board buddies, why don’t you run off and check out the latest “roll backs”. Your arguments are tripe.
Oh, and Larry do yourself a favor and vote the way Ike would have wanted.
Bobby in Someplace else
Tuesday, September 16 at 09:09 PM
PARIS — Is the United States no longer the global beacon of unfettered, free-market capitalism?
In extending a last-minute $85 billion lifeline to A.I.G., the troubled insurer, Washington has not only turned away from decades of rhetoric about the virtues of the free market and the dangers of government intervention, it has also likely undercut future American efforts to promote such policies abroad.
“I fear the government has passed the point of no return,” said Ron Chernow, a leading American financial historian. “We have the irony of a free-market administration doing things that the most liberal Democratic administration would never have been doing in its wildest dreams.”
Bobby in someplace else
Wednesday, September 17 at 07:13 PM
As Bugs Bunny would say...
In this case, Bobby, I think Bugs would invoke the expletive:
Ultra maroon!
Am I a bad person for feeling a certain amount of satisfaction and ‘I-told-you-so’ pride as we watch free market capitalism meltdown? The Ayn Rand/Adam Smith-On-Crack School of Economics has struck their tents and retreated into the darkness.
Government isn’t the problem, Ronald Reagan is the problem! Bwha-ha-ha-ha!
Ken V in Texas
Tuesday, September 23 at 10:15 AM
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