Husband Considers Suit Against Hog Processor for Causing Wife’s ‘Swine Flu’ Death

In the first of what could be a landslide of similar lawsuits stemming from the deadly outbreak of the H1N1 influenza virus, a Texas man whose wife was the first confirmed death in the United States from the so-called “swine flu” is considering suing a hog processing company for causing his wife’s death.

Attorneys for Steven Trunnell, whose wife, Judy, died of the H1N1 influenza strain last month, has asked a district court to grant a discovery request to allow him to investigate the possible role of Smithfield Foods Inc. in the outbreak. Smithfield owns and operates a massive pig processing plant in the same region of Mexico where the first cases of the deadly influenza were reported.

Trunnell’s attorneys accuse Smithfield of operating a filthy food-processing facility where viruses were allowed to grow and be transmitted to humans.

“The conditions in which they allow this pig farm to operate … would not be allowed in the United States,” says attorney Marc Rosenthal of the Texas law firm Rosenthal and Watson.

Judy Trunnell, 33, died just days after delivering a healthy baby girl by Cesarean section. Although hospital officials have said she suffered from “chronic underlying health conditions” which may have made her more vulnerable to the deadly strain of influenza, Steven Trunnell is disputing that allegation and said that his wife was in good health.

Case Total Continues to Rise

Worldwide, there are now more than 6,000 confirmed swine flu cases in 66 countries, including more than 3,000 in 45 U.S. states. Health officials have said, however, that many case swine flu cases may be going unreported and that as a result, that estimate could be low. There have been three confirmed U.S. deaths from the H1N1 virus, including Trunnell.

There are 2,446 confirmed cases of the virus in Mexico, where 60 of the 65 deaths associated with the outbreak have been reported.

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