Our Salmonella Food Poisoning Lawyers Explain the Bankruptcy of Peanut Corporation of America and Why Those Suffering Salmonella Illness May Recover Fully For Their Illness and Damages, Relief From the Bankruptcy Stay, Suits Against Those In the "Chain of Commerce."
Our salmonella food poisoning lawyers provide an article below which has been published and republished widely describing the effect of the Peanut Corporation of America bankruptcy, explaining why the bankruptcy will NOT preclude those who suffered salmonella illness in the recent outbreak from fully recovering monetary damages for their illness, medical expense, loss of earnings and other consequential damages. As our Salmonella lawyers explain, Peanut Corporation of America had an insurance policy in effect which many hope will be sufficient to cover the damages of those who have suffered illness and the damages of those whose loved ones have passed away due to the PCA salmonella contamination. The insurer, Hartford Insurnce, has made the claim that its insurance policy does not cover the claims, because of the intentional character and arguably fraudulent conduct of PCA in destributing its products to manufacturers with knowledge that the products were salmonella contaminated. You may consider the initial evidence developed by our salmonella attorneys with regard to the "Peanut Corporation of America Intendional and Fraudulent Conduct." In our salmonela lawyers opinion, those who have suffered illness should not be overly concerned, as we believe that regardless of the merits of the Hartford Insuranec position, which both company lawyers and plaintffs lawyers will dispute in any lawsuits seeking to assert insurance policy disclaimers and limitations on liability, the lawsuits can and will be brought against those in the "chain of commerce" from the manufacturers and distributors through to the retailer, whom we expect will have ample insurance and assets to fully compensate those who have suffered nationwide. On other pages of this web site our food poisoning lawyers provide information more generally about the salmonella outbreak linked to contaminated peanut and peanut butter products resulting in the largest recall in United States history, involving more that 2000 products. You may review our "Peanut Corporation of America FDA Recall List" although the list continues to grow, and so we recommend that you contact our salmonella food poisoning lawyers by submitting our Food Poisoning Case Evaluation Request Our Salmonella food poisoning attorneys provide case evaluations to those who have suffered salmonella illness or the death of a loved one from salmonella poisoning nationwide, in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Jersey, New York, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming
Salmonella Peanut Butter Product Recalls - Salmonella Food Poisoning Lawyers Explain That Lawsuits Remain Viable After Bankruptcy of Peanut Corporation of America, Against Manufacturers who Distributed and Sold Contaminated Peanut Products And All Companies in Chain of Commerce
Despite that Peanut Corporation of America filed Chapter 7 Bankruptcy on February 13, 2009, and Hartford Insurance Company's position that it's PCA insurance obligations are defeated or limited by PCA's intentional and/or fraudulent conduct, our Salmonella food poisoning lawyers consider that those suffering illness and the families of those who have passed away as the result of the salmonella contaminated peanut products will have ample opportunity to fully recover compensation for their injuries and damages, their medical expense and lost earnings.
The press has followed the Peanut Corporation of America bankruptcy and our Salmonella food poisoning lawyers consider that it is accurate, as others have suggested, that there may be little to recover from PCA or its subsidiary Plainview Peanut Company, which were the sources of the salmonella outbreak that has resulted in hundreds of cases of illness and 9 confirmed deaths. However, our salmonella attorneys are informing those who have contracted salmonella poisoning that lawsuits may properly be filed against all the companies in the "chain of commerce," from the raw product manufacturer, to the secondary manufacturers, of which there are over 2000 who have thus far recalled their products, to the distributors of those products through to the retailer from whom the product was purchased off the shelf.
Identifying the product, the manufacturer of the product, and the retailer, is the salmonella food poisoning lawyer's first line of inquiry in ariving at the chain of commerce in any particular case. Our Salmonella lawyers provide on a separate page a "List of 2000 Products Recalled" because they contained peanut or peanut butter paste or product manufactured at the Peanut Corporation of America Plainview plant. In litigation "discovery" the PCA salmonella attorneys will identify the intermediate distributors are to fill out the full chain of commerce from Peanut Corporation of America to the retailer. Any or all of those in the chain of commerce may be sued, which is a litigation strategy to assure that the victims of the food poisoning will be fully compensated. Most commonly all will be brought together along with all or the majority of plaintiffs in multi-district litigation, or sometimes class actions. Salmonella food poisoning lawyers familiar with all of the potential litigation choices and capable of processing these varying types of lawsuits are generally best suited to advise their clients on their procedural options.
To complete our salmonella food poisoning lawyers analysis of the effect of Peanut Corporation of America's bankruptcy, it is necessary to explain that the first obstacle to any recovery against Peanut Corporation of America is the "automatic stay of bankruptcy." The "stay" automatically halts in its tracks all ongoing litigation against the company. "Relief from the stay of bankruptcy" can be obtained from the bankruptcy court, and our salmonella food poisoning lawyers have been successful in obtaining such relief from the stay of bankruptcy in several consolidated lawsuits, to permit the cases to go forward against the bankrupt to obtain judgments for damages that can be asserted in the bankruptcy proceedings and against the insurer. In some past cases our attorneys have not only obtained relief from the stay of bankruptcy to permit the civil lawsuits, even where the insurer had claimed that fraud precluded insurer liability, but have also filed affirmative lawsuits against the bankrupt in the bankruptcy court so that it would be possible to assert judgments against a bankrupt even following the bankruptcy; although the likelihood appears at the moment that PCA will not survive bankruptcy. And the utility of such lawsuits may become secondary where there are ample assets and insurance to pay the claims among the others identified in the chain of commerce.
In summary, while there has been much discussion in the press with regard to Peanut Corporation of America's bankruptcy, our salmonella food poisoning lawyers would hope that victims of the salmonella outbreak will not consider that they have no legal avenue to obtain compensation for their illness, the wrongful death of their loved one, and the other damages they have sustained. Our salmonella attorneys are certain that there will be ample assets and insurance among those identified in the chain of commerce to compensate all victims of this tragic national food poisoning outbreak.
*Most recent Jury Verdict:
$2.700,000.00 jury verdict in a medical and hospital drug fraud case involving 5 plaintiffs taken to trial in a single consolidated action. Mr. Henke also testified before Congress about this case at the invitation of the Chairman of the US House Judiciary, specifically on the important uses of punitive damages to set examples of those who by their conduct put the lives of others at risk maliciously and out of conscious disregard for their lives
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
$2.700,000.00 jury verdict in a medical and hospital drug fraud case involving 5 plaintiffs taken to trial in a single consolidated action. Mr. Henke also testified before Congress about this case at the invitation of the Chairman of the US House Judiciary, specifically on the important uses of punitive damages to set examples of those who by their conduct put the lives of others at risk maliciously and out of conscious disregard for their lives
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
Food Poisoning Lawyers for E coli HUS & Salmonella and Listeriosis Cases. Attorneys for California and National Outbreaks.
We are the Premier California Food Poisoning Lawyers, Ecoli HUS Salmonella and Listeriosis Attorneys, also representing victims of food poisoning outbreaks nationally.
Providing case evaluation for victims of the Peanut Corporation of America Salmonella outbreak. Spotlight: A Recent Food Poisoning Settlement:: One of our E coli HUS Attorneys obtained one of the largest multimillion dollar settlements ever achieved in an Ecoli HUS case, obtained October 1, 2006.
Consult the Food Poisening Lawyers page on the above practice areas menu for information about the stellar qualifications of our California food poisoning attorney Nick Allis and and food and drug lawyer Henke.
We are the Premier California Food Poisoning Lawyers, Ecoli HUS Salmonella and Listeriosis Attorneys, also representing victims of food poisoning outbreaks nationally.
Providing case evaluation for victims of the Peanut Corporation of America Salmonella outbreak. Spotlight: A Recent Food Poisoning Settlement:: One of our E coli HUS Attorneys obtained one of the largest multimillion dollar settlements ever achieved in an Ecoli HUS case, obtained October 1, 2006.
Consult the Food Poisening Lawyers page on the above practice areas menu for information about the stellar qualifications of our California food poisoning attorney Nick Allis and and food and drug lawyer Henke.
©2010 The Ray Henke Law Group