Plaintiffs Blame Fatal Botulism Case on Faulty Food Processing Equipment

The representatives of a man who died of botulism have filed a lawsuit in federal court against Malo, Inc. and Massmann Enterprises, Inc., claiming that the companies responsible for maintaining food canning equipment at a Atlanta, Georgia, facility failed to warn owner Bumble Bee Foods, LLC about a leaky water valve . Caffrey et al. v. Malo, Inc. and Massmann Enterprises, Inc., No. 09-104 (S.D. Ga., September 2, 2009). The complaint alleges that the defendants should have known that the defective equipment would prevent the canning process from achieving the high temperatures and pressures necessary for sterilization. The malfunction purportedly resulted in the distribution of botulism-tainted chili, beef stew and hot dog chili sauce that led to the death of Jeffrey Caffrey in September 2007. The sister and mother
of the deceased are reportedly seeking $13.5 million for negligence, wrongful death, product liability, pain and suffering, and loss of consortium. See Courthouse News Service, September 9, 2009.