Everett man sues over bad pot pie

An Everett man whose 2-year-old daughter was stricken with salmonella poisoning after eating a pot pie filed a lawsuit Thursday in Snohomish County Superior Court seeking damages from ConAgra Foods.

Eric Robertson, 30, said in the suit that his daughter showed symptoms of salmonella poisoning Sept. 22 and experienced severe diarrhea.

The girl was treated at a walk-in clinic on that day, and provided a stool sample that later was linked to a national outbreak of salmonella poisoning, the suit alleges. The outbreak led to a voluntary recall this month of all Banquet brand pot pies, and several pot pie store brands.

The girl, Rebecca Robertson, also was taken to an emergency room Sept. 26, where doctors performed a spinal tap to see if Rebecca had meningitis, Robertson said.

“She went through a lot of pain,” he said. “We were really shaken up over the situation. It was pretty worrisome.”

He said he lost a day’s work and his girlfriend lost a week’s work taking care of Rebecca, who couldn’t sleep. The child is doing a lot better, but still not back to “her normal, happy self,” he said.

Rebecca required additional medical treatment on Sept. 28 and 29, said William Marler, Robertson’s Seattle attorney.

So far in Washington, there have been 14 cases of salmonella poisoning related to the pot pies, including two in Snohomish County, state Department of Health spokesman Donn Moyer said. Nationwide, the Centers for Disease Control and Prevention have reported more than 180 cases in 34 states that have been connected to the pot pies.

Marler’s firm specializes in cases involving food-borne illnesses, and he’s no stranger to taking on food giant ConAgra.

Marler represents about 4,000 people around the country in a class-action lawsuit filed in February following salmonella poisoning linked to ConAgra peanut butter. That lawsuit is pending.

“First it was peanut butter and now it’s pot pies,” Marler said. “It’s time for ConAgra to take a hard look at the manufacturing process for all of its food products and stop shipping contaminated products to consumers.”

A ConAgra spokeswoman did not return phone calls.

Pinning the bacterial outbreak on the pot pies required some scientific detective work on the part of epidemiologists for the Washington Department of Health and similar organizations around the country.

Moyer said there are usually between 600 and 800 reported cases of salmonella poisoning in this state every year.

“What’s unusual is to have a common source,” Moyer said.

Most people recover from salmonella quickly, often without a doctor visit, lawyer Marler said. In the Robertson case, “this girl was really sick. Before we decide on the value of the case, we’ll have to wait and make sure she doesn’t develop complications.”

The lawsuit seeks unspecified damages.

Robertson said he wants to teach ConAgra a lesson.

“I’m extremely upset about it,” he said. “They manufacture food that goes out to the public and it’s not up to standards. It’s horrible to hear about all those people going through sickness. To see my own daughter going through this makes me angry.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

Outside of the updated section of Lake Stevens High School on Thursday, Feb. 27, 2020 in Lake Stevens, Wa. (Olivia Vanni / The Herald)
Lake Stevens, Arlington school measures on Feb. 11 ballot

A bond in Lake Stevens and a levy in Arlington would be used to build new schools.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Lake Stevens Sewer District wastewater treatment plant. (Lake Stevens Sewer District)
Lake Stevens sewer district trial delayed until April

The dispute began in 2021 and centers around when the city can take over the district.

A salmon carcass lays across willow branches in Edgecomb Creek on Thursday, Jan. 30, 2025 in Arlington, Washington. (Olivia Vanni / The Herald)
Tribes: State fish passage projects knock down barriers for local efforts

Court-ordered projects have sparked collaboration for salmon habitat restoration

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.