Case 2:22-cv-00073-MCA-MAH Document 1 Filed 01/06/22 Page 1 of 9 PageID: 1
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`JS44 (Rev. 08/18)
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`CWIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet.
`(SEE INSTRUCTIONS ON NEXT PA GE OF THIS FORM)
`
`I. (a) PLAINTIFFS
`Connelly, Debora
`
`DEFENDANTS
`Serenade Foods, Inc.
`
`(b) County of Residence of First Listed Plaintiff Middlesex, NJ
`(EXCEPTIN US. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address and Telephone Number)
`Michael A. Ferrara, Jr. The Ferrara Law Firm, LLC
`601 Longwood Aye, Cherry Hill, NJ 08003; 856-779-9500
`
`II. BASIS OF JURISDICTION (Place an “X”in One Box Only)
`
`C)
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`1 U.S. Government
`Plaintiff
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`C) 3
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`Federal Question
`(1/S. Government Not a Party)
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`County of Residence of First Listed Defendant Milford, Indiana
`(SN US. PLAiNTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
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`Attorneys (IfKnown)
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`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X” in One Boxfor Plaintiff
`(For Diversity Case.s Only)
`and One Boxfor Defendant)
`PTF
`PTF
`DEF
`1
`C) 4
`C) 4
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`DEF
`C)
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`1
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`Incorporated or Principal Place
`of Business In This State
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`Citizen of This State
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`C) 2 U.S.Govemment
`Defendant
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`Diversity
`(Indicate Citizenship ofParties in Item III)
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`Citizen of Another State
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`C) 2
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`Citizen or Subject of a
`Foreign Country
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`C)
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`3
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`C)
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`2
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`3
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`Incorporated andPrincipal Place
`of Business In Another State
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`C)
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`5
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`t5
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`Foreign Nation
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`C) 6
`
`C) 6
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`IV. NATURE OF SUIT (Place an ‘X” in One Box Only)
`‘ofl’s
`[
`C) 110 Insurance
`PERSONAL INJURY
`C) 120 Marine
`365 Personal Injury -
`C) 130 Miller Act
`Product Liability
`C) 140 Negotiable Instrument
`C) 367 Health Care!
`C) 150 Recovery of Overpayment
`Pharmaceutical
`& Enforcement of Judgment
`Personal Injury
`C) 151 Medicare Act
`Product Liability
`C) 152 Recovery of Defaulted
`C) 368 Asbestos Personal
`Student Loans
`Injusy Product
`(Excludes Veterans)
`Liability
`C) 153 Recovery of Overpayment
`PERSONAL PROPERTY
`of Veteran’s Benefits
`C) 370 Other Fraud
`C) 160 Stockholders’ Suits
`C) 371 Truth in Lending
`C) 190 Other Contract
`C) 380 Other Personal
`C) 195 Contract Product Liability
`Property Damage
`C) 196 Franchise
`C) 385 Property Damage
`Product Liability
`
`C) 625 Drug Related Seizure
`of Properly 21 USC 881
`C) 690 Other
`
`PERSONAL INJURY
`C) 310 Airplane
`C) 315 Airplane Product
`Liability
`C) 320 Assault, Libel &
`Slander
`C) 330 Federal Employers’
`Liability
`C) 340 Marine
`C) 345 Marine Product
`Liability
`LABOR
`C) 350 Motor Vehicle
`C) 710 Fair Labor Standards
`C) 355 Motor Vehicle
`Act
`Product Liability
`C) 720 Labor/Management
`C) 360 Other Personal
`Relations
`Injury
`C) 740 Railway Labor Act
`C) 362 Personal Injury -
`C) 751 Family and Medical
`Medical Malpractice
`Leave Act
`F.RISON:ERPETLIONS: C) 790 Other Labor Litigation
`:::..
`C) 440 Other Civil Rights
`Habeas Corpus:
`C) 791 Employee Retirement
`C) 441 Voting
`C) 463 Alien Detainee
`Income Security Act
`C) 442 Employment
`C) 510 Motions to Vacate
`C) 443 Housing!
`Sentence
`Accommodations
`C) 530 General
`C) 44 Amer w/Disabilities
`C) 535 Death Penalty
`Employment
`Other:
`C) 446 Amer. w!Disabilities - C) 540 Mandamus & Other
`Other
`C) 550 Civil Rights
`C) 448 Education
`C) 555 Prison Condition
`C) 560 Civil Detainee -
`Conditions of
`Confmement
`
`I:::H REAL PROPERTY
`C) 210 Land Condemnation
`C) 220 Foreclosure
`C) 230 Rent Lease & Ejectment
`C) 240 Torts to Land
`C) 245 Tori Product Liability
`C) 290 All Other Real Property
`
`IMMIGRATION
`C) 462 Naturalization Application
`C) 465 Other Immigration
`Actions
`
`Click here for: Nature of Suit Code Descriptions.
`
`I
`
`C) 422 Appeal 28 USC 158
`C) 423 Withdrawal
`28 USC 157
`
`C) 375 False Claims Act
`C) 376 Qui Tam (31 USC
`3729(a))
`C) 400 State Reapportionment
`PROPERTYRLGHTSZ.. C) 410 Antitrust
`C) 820 Copyrights
`C) 430 Banks and Banking
`C) 830 Patent
`C) 450 Commerce
`C) 835 Patent - Abbreviated
`C) 460 Deportation
`New Drug Application
`C) 470 Racketeer Influenced and
`C) 840 Trademark
`Corrupt Organizations
`SOCIAL SECURT1’Y
`C) 480 Consumer Credit
`C) 861 HIA (1395ff)
`C) 485 Telephone Consumer
`C) 862 Black Lung (923)
`Protection Act
`C) 863 DIWC/DIWW (405(g))
`C) 490 Cable/Sat TV
`C) 864 SSII) Title XVI
`C) 850 Securities/Commodities!
`C) 865 RSI (405(g))
`Exchange
`C) 890 Other Statutory Actions
`C) 891 Agricultural Acts
`C) 893 Environmental Matters
`C) 895 Freedom of Information
`Act
`C) 896 Arbitration
`C) 899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`C) 950 Constitutionality of
`State Statutes
`
`FEPFfl*L.TA$UtiS
`C) 870 Taxes (U.S. Plaintiff
`or Defendant)
`C) 871 IRS—Third Party
`26 USC 7609
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`V. ORIGIN (Place an ‘X” in One Box Only)
`Xi Original
`C) 2 Removed from
`Proceeding
`State Court
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`C)
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`3 Remanded from
`Appellate Court
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`C) 4 Reinstated or
`Reopened
`
`C)
`
`C) 6 Multidistrict
`Litigation -
`Transfer
`
`C) 8 Multidistrict
`Litigation -
`Direct File
`
`5 Transferred from
`Another District
`(spec)
`Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictional statutes unless diversity):
`28 U.S.C. §1332(a)
`VI. CAUSE OF ACTION Brief description of cause:
`food poisioning
`CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE(S)
`IF
`
`DATE
`12/30/2021
`FOR OFFICE USE OMY
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`DEMAND $
`500,000.00
`
`CHECK YES only if demanded in complaint:
`JURY DEMAND:
`Yes
`
`C)No
`
`(See instructions):
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`JUDGE
`
`SI
`
`AT
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`OF
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`0
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`Y
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`NUMBER
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`RECEIPT #
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`AMOUNT
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`APPLYING IFP
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`JUDGE
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`MAG. JUDGE
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`

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`Case 2:22-cv-00073-MCA-MAH Document 1 Filed 01/06/22 Page 2 of 9 PageID: 2
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`MARLER CLARK, LLP PS
`William D. Marler (pro hac vice pending)
`1012 Fist Avenue, Fifth Floor
`Seattle, WA 98104
`Telephone: 206-346-1890
`bmarler@marlerclark.com
`
`THE FERRARA LAW FIRM, LLC
`Michael A. Ferrara, Jr., Esquire (Attorney ID 288621973)
`601 Longwood Avenue
`Cherry Hill, NJ 08002
`Telephone: 856.779.9500
`Facsimile: 856.282.4287
`mferrara@ferraralawfirm.com
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`DEBORA CONNELLY,
`
`vs.
`
`SERENADE FOODS, INC.,
`
`Plaintiff,
`
`COMPLAINT AND JURY
`DEMAND
`
`Case No.:
`
`Defendants.
`
`COMES NOW, Plaintiff Debora Connelly who, by and through her attorneys of
`
`record, Marler Clark, LLP, PS (pending admission pro hac vice) and Michael Ferrara,
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`and for her Complaint alleges upon information and belief as follows:
`
`PARTIES
`
`1.
`
`The plaintiff Debora Connelly is a resident of Highland Park, Middlesex
`
`County, New Jersey. The plaintiff resides within the jurisdiction of this Court and is a
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`Citizen of the State of New Jersey.
`
`2.
`
`The defendant Serenade Foods,
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`Inc.,
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`is a corporation organized and
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`1
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`

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`Case 2:22-cv-00073-MCA-MAH Document 1 Filed 01/06/22 Page 3 of 9 PageID: 3
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`existing under the laws of Indiana, with its principal place of business located in Milford,
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`Indiana. Therefore, Defendant is a citizen of Indiana. At all times relevant to this action,
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`Defendant manufactured the frozen chicken product consumed by Plaintiff.
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`JURISDICTION AND VENUE
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`3.
`
`This Court has jurisdiction over the subject matter of this action pursuant
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`to 28 U.S.C. § 1332(a) because the matter in controversy exceeds $75,000.00, exclusive
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`of costs,
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`it
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`is between citizens of different states, and because Defendant has certain
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`minimum contacts with the State of New Jersey such that maintenance of the suit in this
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`district does not offend traditional notions of fair play and substantial justice.
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`4.
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`Venue in the United States District Court for the District of New Jersey is
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`proper pursuant to 28 U.S.C. § 1391(a)(2) because a substantial part of the events or
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`omissions giving rise to Plaintiff’s claims and causes action occurred in this judicial
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`district, and because Defendant is subject to personal jurisdiction in this judicial district at
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`the time of the commencement of the action.
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`GENERAL ALLEGATIONS
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`The 2021 Salmonella outbreak linked to frozen breaded stuffed chicken products
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`5.
`
`CDC, public health and regulatory officials in several states, and the U.S.
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`Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS)
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`investigated a multistate outbreak of Salmonella Enteritidis infections.
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`6.
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`Epidemiologic, laboratory, and traceback data showed that raw frozen
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`breaded stuffed chicken products produced at the P-2375 Serenade Foods facility in
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`Milford, Indiana, made people sick.
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`

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`7.
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`A total of 36 people infected with the outbreak strain of Salmonella
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`Enteritidis were reported from 11 states. The true number of sick people in an outbreak is
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`likely much higher than the number reported, and the outbreak may not be limited to the
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`states with known illnesses. This is because many people recover without medical care
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`and are not tested for Salmonella.
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`8.
`
`Illnesses started on dates ranging from February 21, 2021, to August 16,
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`2021. Sick people ranged in age from ito 83 years, with a median age of 38 years, and
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`57% were female. Of 32 people with information available, 12 were hospitalized. No
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`deaths were reported.
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`9.
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`State and local public health officials interviewed people about the foods
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`they ate in the week before they got sick. Of the 27 people interviewed, 14 (52%)
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`reported preparing and eating frozen breaded stuffed chicken products. They bought
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`different brands of raw frozen breaded stuffed chicken products from multiple stores.
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`10.
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`Public health investigators used the PulseNet system to identify illnesses
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`that were part of this outbreak. CDC PulseNet manages a national database of DNA
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`fingerprints of bacteria that cause foodborne illnesses. DNA fingerprinting is performed
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`on bacteria using a method called whole genome sequencing (WGS).
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`11.
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`WGS showed that bacteria from sick people’s samples were closely
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`related genetically. This suggests that people in this outbreak got sick from the same
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`food.
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`12.
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`The Minnesota Department of Agriculture collected five raw frozen
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`breaded stuffed chicken products from a grocery store where a sick person purchased
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`these products. Testing identified the outbreak strain in two samples of Kirkwood’ s
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`3
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`Chicken Cordon Bleu. USDA-FSIS and Indiana officials collected unopened packages of
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`Kirkwood Chicken, Broccoli and Cheese from a sick person’s house for testing and
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`identified the outbreak strain in the product. USDA-FSIS investigated and found that
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`these products were produced at facility P-2375.
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`13.
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`WGS analysis of bacteria from 36 sick people’s samples and 5 food
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`samples did not predict any antibiotic resistance. Testing of three sick people’s samples
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`using standard antibiotic susceptibility testing methods by CDC’s National Antimicrobial
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`Resistance Monitoring System (NARMS) laboratory also showed no resistance.
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`14.
`
`On August 9, 2021, Serenade Foods approximately 59,251 pounds of
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`frozen raw breaded stuffed chicken that bore establishment number “P-2375” inside the
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`USDA mark of inspection.
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`15.
`
`As of October 13, 2021, this outbreak is over.
`
`The Salmonella Bacteria
`
`16.
`
`Salmonella is the second most common intestinal infection in the United
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`States. More than 7,000 cases of Salmonella were confirmed in 2009; however, the
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`majority of cases go unreported. The Centers for Disease Control and Prevention (CDC)
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`estimates that over 1 million people in the U.S. contract Salmonella each year, and that an
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`average of 20,000 hospitalizations and almost 400 deaths occur from Salmonella
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`poisoning, according to a 2011 report.
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`17.
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`Salmonella infections usually occur when a person eats food contaminated
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`with the feces of animals or humans carrying the bacteria. Salmonella outbreaks are
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`commonly associated with eggs, meat, and poultry, but these bacteria can also
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`contaminate other foods, such as fruits and vegetables. Foods that are most likely to
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`4
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`

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`contain Salmonella include raw or undercooked eggs, raw milk, contaminated water, and
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`raw or undercooked meats.
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`18.
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`Symptoms of Salmonella infection, or salmonellosis, range widely and are
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`sometimes absent altogether. The most common symptoms include diarrhea, abdominal
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`cramps,
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`and fever.
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`19.
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`Typical symptoms of Salmonella infection appear 6 to 72 hours after
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`eating contaminated food, last for 3 to 7 days without treatment, and usually consist of:
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`• Diarrhea
`• Abdominal cramps
`•
`Fever of 100°F to 102°F
`• Bloody diarrhea
`• Vomiting
`• Headache
`• Body aches
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`20.
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`Complications of Salmonella poisoning are more likely to occur among
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`young children and people age 65 or older. Possible complications like reactive arthritis
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`are thought to occur in 2 to 15 percent of Salmonella patients. Symptoms include
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`inflammation of the joints,
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`eyes, or reproductive or urinary organs. On average, symptoms appear 18 days after
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`infection.
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`Irritable bowel syndrome (113S) can also be a long-term complication.
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`21.
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`Salmonella infections generally last 3 to 7 days, and often do not require
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`treatment. People with severe dehydration may need rehydration through an IV.
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`Antibiotics are recommended for those at risk of invasive disease, including infants under
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`three months old. Typhoid fever is treated with a 14-day course of antibiotics.
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`5
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`Case 2:22-cv-00073-MCA-MAH Document 1 Filed 01/06/22 Page 7 of 9 PageID: 7
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`Unfortunately, treatment of Salmonella has become more difficult as the pathogen has
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`become more resistant to antibiotics. Finding the right antibiotic for a case of Salmonella
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`is crucial to treating this bacterial infection.
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`Plaintiff Debora Connelly’s Injuries
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`22.
`
`Plaintiff purchased six frozen Kirkwood Chicken Cordon Bleu packages
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`from the Aldi grocery store located at 2140 Route 27 in Edison, New Jersey on May 20,
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`2021.
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`23.
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`Plaintiff consumed the chicken in the days following her purchase,
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`including, specifically but not exclusively, May 26, 2021.
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`24.
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`Plaintiff developed symptoms consistent with a Salmonella infection on
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`May 28, 2021, including nausea, diarrhea, stomach cramping, fever as high as 103°F,
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`muscle aches, fatigue, headache, and chills.
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`25.
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`When Plaintiff’s symptoms continued unabated, she sought medical care
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`at Saint Peter’s University Hospital on May 31, 2021, where she remained hospitalized
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`for three days.
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`26.
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`A stool sample collected from Plaintiff tested positive for Salmonella. For
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`reasons unknown, further testing at the New Jersey Department of Health Laboratory
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`could not be conducted.
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`CAUSES OF ACTION
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`Product Liability Claims Under the New Jersey Products Liability Act
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`27.
`
`By this reference, Plaintiff incorporates the foregoing paragraphs as if
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`each was set forth here in its entirety.
`
`6
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`Case 2:22-cv-00073-MCA-MAH Document 1 Filed 01/06/22 Page 8 of 9 PageID: 8
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`28.
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`At all times relevant, Defendant manufactured and sold the adulterated
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`food product that is the subject of this action.
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`29.
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`The adulterated food product that Defendant manufactured, distributed,
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`and sold was, at the time it left the Defendant’s control, defective and unreasonably
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`dangerous for its ordinary and expected use because it was contaminated by Salmonella,
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`a bacterium dangerous to human health.
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`30.
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`Because the adulterated food product that is the subject of this action was
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`contaminated by Salmonella, it was in a condition that consumers had not contemplated,
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`including Plaintiff, and it was in a condition that rendered the product unreasonably
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`dangerous for its ordinary and expected use.
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`31.
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`The food product that is the subject of this action was expected to reach
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`the consumers, including Plaintiff, and be consumed by them, without substantial change.
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`Plaintiff used the product in the manner expected and intended,
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`including when she
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`consumed it.
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`32.
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`The food product
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`that
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`is the subject of this action was defective and
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`unreasonably dangerous for its ordinary and expected use because it was contaminated by
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`Salmonella, which was a manufacturing defect, and did not contain warnings or
`
`instructions
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`indicating that
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`the product was unreasonably dangerous due to the
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`contamination.
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`33.
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`Plaintiff suffered injury and damages as a direct and proximate result of
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`the defective and unreasonably dangerous condition of the adulterated food product that
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`Defendant manufactured, distributed, and sold. These damages include but are not
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`limited to: physical and mental pain and suffering, past and future in the form of the pain
`
`7
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`

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`Case 2:22-cv-00073-MCA-MAH Document 1 Filed 01/06/22 Page 9 of 9 PageID: 9
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`and suffering including bodily suffering, discomfort and loss of enjoyment of life; and
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`medical costs and expenses to this point and the present value of reasonable medical
`
`expenses in the future.
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for judgment against the defendants as follows:
`
`a.
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`Judgment for Plaintiff against Defendant for just compensation in a fair
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`and reasonable amount for the damages above set forth; and
`
`b.
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`Such additional and/or
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`further
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`relief,
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`including interest, costs,
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`and
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`reasonable attorney fees, as this Court deems just and equitable.
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`JURY DEMAND
`
`Plaintiff hereby demands a jury trial.
`
`Dated: December 30, 2021
`
`/s/ Michael A. Ferrara, Jr.
`Michael Ferrara
`The Ferrara Law Firm, LLC
`601 Longwood Avenue
`Cherry Hill, NJ 08002
`mferrara@ ferraralawfirm.com
`856-779-9500
`
`and
`
`William D. Marler (pro hac vice pending)
`Marler Clark, LLP PS
`1012 Fist Avenue, Fifth Floor
`Seattle, WA 98104
`bmarler@marlerclark.com
`206-346-1890
`
`8
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`