Woman Whose Son Contracted Salmonella Sues DeFusco's

A Rehoboth, Mass. woman whose son contracted salmonella from tainted zeppoles filed suit against DeFusco's Bakery in Providence Superior Court today.

The state Department of Health issued a from DeFusco's Bakery's locations in Johnston and Cranston on March 25 after a number of people reported becoming ill after eating zeppoles. Their investigation determined the bakery was using used egg crates to store pasty shells and practiced unsafe food handling procedures. 

About 60 people became sick from the zeppoles, more-than 25 were hospitalized and an elderly man in his 80s died, the health department reported.

The health department .

According to the suit, Erin Carrera bought zeppoles form DeFusco's on March 18 and her son ate two of them over a two day period on March 18 and 19.

He fell ill a short time later and experienced symptoms of cramping, diarrhea and a fever. The symptoms continued to worsen and he eventually needed medical treatment on March 25. A stool sample confirmed he was stricken with salmonella.

“As a lot of Rhode Islanders and Massachusetts residents found out during this outbreak, salmonella infections are more than just a tummy ache,” said attorney Bill Marler, who represents the family.  “Our client has still not fully recovered from his illness.”

The suit contends the minor contracted salmonella due to the bakery's negligence.

"As a direct and proximate result of the defendant’s manufacture, distribution and sale of salmonella contaminated food, the minor plaintiff was infected with salmonella causing him to suffer substantial personal injury, and causing related economic loss to the plaintiffs," the suit states.

The suit also alleges that the bakery was "in breach of the implied warrant of fitness for its intended use" by selling tainted products. 

As a result of the illness, the plaintiffs suffered an economic loss. The suit requests "sufficient damages to compensate her and [the minor] for the loss and damages incurred.

The suit was filed on behalf of Carrera by Marler Clark, a law firm that specializes in foodborne illness cases and Manion Jones, a Boston-based law firm.

“The health department findings show health code violations that are a reflection of a seemingly cavalier attitude by DeFusco’s toward the health and safety of its customers,” Marler said. “Especially after last summer’s nationwide Salmonella outbreak linked to eggs, DeFusco’s workers should have known better than to use egg crates for storage of finished bakery products.”