VIDEO: Lawsuit filed in nacho cheese-botulism outbreak

SACRAMENTO (KRON) — A Sacramento woman has filed a lawsuit against the gas station and the maker of the cheese dip Thursday after she fell ill with botulism linked to nacho cheese.

At least five people fell ill and were hospitalized after eating nacho cheese from the Valley Oak Food and Fuel gas station.

On April 21, Lavinia Kelly bought tortilla chips with nacho cheese from the gas station.

The next day, the mother of three began to experience double vision and an unsteady gait. She sought medical attention at Sutter Medical Center ER, where she was treated and released.

On April 23, she experienced difficulted breathing and speaking. She was rushed to the hospital, where she was admitted and placed on mechanical ventilation.

Kelly was placed in intensive care where she remains today.

Lavinia Kelly’s lawsuit claims she suffered severe and permanent injuries and alleges negligence in the manufacturing, distribution, and sale of the tainted sauce.

Kelly’s attorney, Bill Marler, says the contamination appears to be confined to one bag of cheese dip and that some sort of manufacturing defect enabled the botulism spore to grow inside the bag.

Gehl Foods LLC of Germantown, Wisconsin, are the manufacturers of the nacho cheese sauce.

An Antioch man who was one of the five who fell ill from botulism linked to the nacho cheese died last week.

Calls to the defendants have not been returned.

Stay with KRON4 News for updates

Read the full complaint below:


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