TRAVERSE CITY -- David Small regularly ate pot pies for lunch, but a recent bout with salmonella prompted the Traverse City man to sue the company that produced the tainted pies.
Small, 51, filed a lawsuit Thursday against ConAgra Foods Inc. and Tom's Food Markets Inc. after he said he was infected with salmonella in September.
ConAgra recalled all of its store-brand and Banquet pot pies Oct. 11 after a investigation by the Centers for Disease Control linked the tainted pies to recent salmonella outbreaks in several states.
Small allegedly ate a turkey pot pie Sept. 24 and was admitted to Munson Medical Center with gastrointestinal problems Sept. 27, the lawsuit said.
He tested positive for Salmonella and was released two days later, the lawsuit alleges.
"We would like to see David Small be compensated by the company that poisoned him," said R. Drew Falkenstein, one of several attorneys of Washington-based firm Marler Clark that is working with outbreak victims.
Small is one of about 35 people in multiple states represented by Marler Clark who ate and became sick from the pot pies, Falkenstein said.
Stephanie Childs, spokeswoman for the Omaha, Neb.-based food company, would not comment on the legal action Friday.
"While we are not able to comment on the lawsuit, I can tell you that ConAgra Foods is committed to addressing all consumers' concerns related to the pot pie recall fairly and expeditiously," she said.
Small is seeking more than $25,000 in damages for loss of enjoyment of life, medical expenses, lost wages, emotional distress, pharmaceutical expenses and other economic loss, according to the lawsuit.
"It is just like suffering injuries in a bad car accident," Falkenstien said. "It affects your life in many ways. It affects your friends and it affects your family."
Tom's Food Markets President Christy Kuhnke did not return a message seeking comment.
Those infected with salmonella typically suffer diarrhea, abdominal cramps and fever within eight to 72 hours. Symptoms including vomiting, chills, headaches and nausea can last up to a week, according to the U.S. Department of Agriculture Web site.
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