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021057 Class Action Files vs. Wampler and Pilgrim's Pride

October 31, 2002

Chicago, IL - Kenneth B. Moll & Associates, Ltd. announce that on November 4, 2002, they will be filing the first nationwide class action lawsuit against Pilgrim's Pride Corporation, the manufacturer of fresh and frozen ready-to-eat turkey and chicken products, alleging that their products caused deaths and serious injuries from an outbreak of listeria. The lawsuit will be filed in the Court of Common Pleas, Philadelphia County, Philadelphia, Pennsylvania.

The primary goals of this class action is to (1) inform the public that consumers of Defendant's meat products may have been and still could be contaminated with Listeria, (2) reimburse monies paid for the recalled products and (3) award Plaintiffs compensatory and punitive damages for injuries suffered.

On October 15, 2002, the Center for Disease Control and Prevention (CDC) announced that its investigation, along with several State Health Departments, has identified a specific or "outbreak" strain of Listeria that was found in the plant and in 46 injured persons. Of the 46 persons with the outbreak strain, there have been 10 deaths, including 3 miscarriages or stillbirths.

According to Kenneth Moll, "We believe that the total number of cases will be much higher. Our experience in prior outbreaks is that cases of Listeriosis are routinely under reported."

The affected patients live in 8 states: Pennsylvania, New York, New Jersey, Delaware, Maryland, Connecticut, Michigan, and Massachusetts.

On October 9, 2002, Pilgrim's Pride recalled 295,000 pounds of meat products manufactured on August 14, 2002. Subsequently, Pilgrim's Pride expanded the recall to include 27.4 million pounds of fresh and frozen ready-to-eat turkey and chicken products under the Wampler brand that were produced since May 1, 2002 with the code P-1351 in the USDA seal of inspection.

Listeriosis is a serious and fatal infection caused by food contaminated with the bacterium Listeria monocytogenes.

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