CHARLESTON – A Charleston woman is suing over an unusual item she she claims she found in a frozen meal produced by the defendant.
Debbie Workman filed the suit Oct. 6 in Kanawha Circuit Court against Heinz North America Division of H.J. Heinz Co. LP in Pittsburgh, citing personal injury.
The complaint states that on April 8, 2014, the plaintiff consumed a Smart Ones spaghetti with meat sauce meal that, unknown to her, contained bone fragments. She allegedly swallowed a fragment and her throat immediately became irritated and she developed an upset stomach. The suit says she attempted to ignore the discomfort but her throat became more sore and she went to the hospital.
On May 25, 2014, she went to the Charleston Area Medical Center complaining of a severe sore throat, pain in the neck radiating to the base of her left ear, fever, chills and fatigue. She was diagnosed with pharyngitis and placed on an antibiotic and steroids. She visited her doctor for continued treatment over the course of several months.
As a result of the defendant's actions, the plaintiff says she suffered pain and suffering, medical bills, mental anguish, lost wages and future medical bills. She seeks a trial by jury as well as a judgment to be determined by said jury, plus court costs, attorney fees and interest. She is represented by Mark W. Carbone of Carbone & Blaydes PLLC of Charleston. The case has been assigned to Judge Jennifer F. Bailey.
Kanawha Circuit Court Case number 15-C-1842