Her husband also got ill, the lawsuit contends.

By LAURE CIOFFI

VINDICATOR PENNSYLVANIA BUREAU

NEW CASTLE, Pa. — The family of an Ellwood City woman has filed a lawsuit contending that salmonella poisoning from Peter Pan peanut butter caused her death.

The suit filed Wednesday in Lawrence County Common Pleas Court against ConAgra Foods Inc. asking for damages in excess of $25,000. The suit was filed by William Barkay, as administrator of his wife's estate.

Roberta Barkay, 76, died Jan. 30 at the Ellwood City Hospital, said the family's attorney, Joe Bellissimo.

Bellissimo said the family came to him last week after ConAgra issued statements telling consumers to discard certain jars of Peter Pan and Great Value peanut butter because it had been linked to a salmonella outbreak. ConAgra produces both brands of peanut butter in an Atlanta plant.

Bellissimo said Roberta Barkay and her husband were sickened after eating Peter Pan peanut butter they bought in November 2006 at Marc's grocery store in Boardman. Weeks later, Mr. Barkay started experiencing nausea, diarrhea, fever and chills so severely he was admitted to St. Elizabeth Health Center in Youngstown.

Bellissimo said his condition became so severe that it affected an underlying kidney condition and Mr. Barkay had kidney failure and was forced to start kidney dialysis treatment. He is now recovering at home, the attorney said.

Her illness

Mrs. Barkay became ill in January and suffered from fever, nausea, diarrhea and stomach pains before her death Jan. 30, the lawsuit states. She died after developing sepsis, according to attorneys.

Bellissimo said one of the couple's children, home for her mother's funeral, also ate the peanut butter and became violently ill. When last week's announcement was made by ConAgra Foods, family members checked the peanut butter in the house and it had the identifying code, 2111, which the food maker has identified as having been on jars being recalled due to the outbreak, Bellissimo said.

Bellissimo said this is one of about 30 complaints of tainted peanut butter his firm has received nationwide. This was the first lawsuit filed by his firm.

ConAgra spokeswoman Stephanie Childs said Wednesday they had not seen the lawsuit.

She said the company is working with the U.S. Food and Drug Administration on the matter and has set up a toll-free number for any consumers with questions at (866) 344-6970.

cioffi@vindy.com