MRO Magazine

PritzkerOlsen Filed Lawsuit against Foster Farms on Behalf of Minor with Brain Abscess

December 23, 2015
By Business Wire News


Attorneys Fred Pritzker, Elliot Olsen, and Brendan Flaherty of the PritzkerOlsen law firm filed a lawsuit on behalf of an Arizona toddler, who suffered from a massive brain abscess caused by a Salmonella Heidelberg bacterial meningitis infection. The complaint alleges the child – identified in the suit as N.C. — contracted Salmonella after eating chicken produced by Foster Farms.

The plaintiffs in the case are N.C.’s parents, James and Amanda Craten. The child’s illness allegedly stems from a multistate outbreak that sickened 634 people in 29 states, over the course of a year. A copy of the complaint can be found here.

According to the complaint, N.C.’s family shopped regularly at establishments alleged to have received Foster Farms chicken products. According to the CDC, infections matching one of the seven outbreak strains of Salmonella Heidelberg began March 1, 2013, and continued through July 11, 2014. Foster Farms was under investigation in connection with these illnesses for at least a year, but it took the company more than a year to initiate even a very limited recall of its chicken products on July 12, 2014.

Genetic fingerprinting of the child’s tissue samples confirmed that he had one of the Salmonella strains government officials linked to the Foster Farms outbreak.

Plaintiffs brought their minor son to his pediatrician Oct. 3, 2013, after he fell ill with fever, chills, nasal congestion, and diarrhea. N.C. returned to the doctor on three more occasions before being admitted Oct. 23, 2013.

In the afternoon of Oct. 24, N.C.’s condition radically worsened as he developed a facial droop and other symptoms of severe neurologic injury. According to the complaint, a CT of the child’s head showed a large fluid accumulation compressing and displacing his brain. Immediate surgery was necessary to save the boy’s life.

Due to the nature of the infection the child’s recovery was long and difficult. To date MRIs of N.C.’s brain remain abnormal. The complaint cites the most recent MRI revealed brain atrophy, meaning that there is persistent evidence of brain volume loss.

Attorney Fred Pritzker explains, “This is a case which highlights the tragic human cost of foodborne illness. N.C’s illness has caused enormous life changes for the child and his family. This is why we ask food companies to make safety the top priority. This is why food safety matters.”

PritzkerOlsen, P.A., is a national food safety law firm that represents people sickened in foodborne outbreaks throughout the United States. Attorneys Fred Pritzker, Elliot Olsen and Brendan Flaherty can be reached at 612-338-0202 or via the firm’s website, The firm is located at 45 South 7th Street, Suite 2950, Minneapolis, Minnesota 55402.

Fred Pritzker, 612-338-0202
Elliot Olsen, 612-338-0202