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Woman sickened by hamburger sues Cargill

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CHICAGO | Mon Dec 7, 2009 6:38pm EST

CHICAGO (Reuters) - A former Minnesota dance instructor who became paralyzed and is confined to a wheelchair after eating a contaminated hamburger has sued agriculture conglomerate Cargill Inc for allegedly producing the E.coli-tainted beef, her attorney said on Monday.

Separately, a Cargill unit is recalling more than 20,000 lbs of beef due to possible salmonella contamination that may have sickened two other people.

In a case filed last week, 22-year-old Stephanie Smith of Cold Spring, Minnesota, sued Cargill in the U.S. District Court in Minnesota in connection with the tainted hamburger that left her paralyzed and seriously ill. She may never recover to lead a normal life, her attorney Bill Marler told Reuters.

Marler, who specializes in foodborne illness law, said Cargill and Smith's family had been in negotiations for a settlement prior to the suit being filed.

"We are worlds apart on what this kid needs for her future," her attorney said. "We had no alternative but to file."

Cargill said it has been providing financial assistance to the family.

"Cargill deeply regrets Ms. Smith's continuing suffering due to her illness. Each time Ms. Smith's family has asked for financial assistance to cover out-of-pocket and rehabilitation costs, Cargill has advanced funds to help her and her family," Cargill said in an email statement. "We will continue to provide assistance to maximize her recovery and will continue to work with her counsel to reach a fair resolution."

In a separate incident, Beef Packers Inc, a unit of Cargill Inc, last week had to recall 22,723 lbs of ground beef due to possible salmonella contamination. The tainted beef was linked to two illnesses in Arizona, according to a U.S. Agriculture Department statement.

(Reporting by Bob Burgdorfer; Editing by David Gregorio)

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