Fort Worth, Texas
Not resolved

We are currently looking for a lawyer to get justice in handling our Wal-Mart claim. Here's our story.

On Saturday May 28, 2011 We bought ground beef from Wal-Mart. The meat package date has use or freeze by May 30, 2011. On Sunday May 29, we cooked the ground beef. On Monday May 30, my family member was sick all day with fever, nausea, vomiting and diarrhea.

He went to the doctor the next day because his symptoms had worsened. The doctor diagnosed and treated him with three different types of antibiotics for food poisoning. June 1, 2011 I took the remaining ground beef along with my receipt and told a manager what happened. The manager Stephanie, filed a claim and took a sample of the ground beef.

She stated to me the meat would be sent out to a lab. Later on that day, the manager called me to get more information. She told me we should hear back from them in a week or so. We still have the phone logs to prove all calls received and all calls made.

Over a week had gone by before anyone called with concern. June 13, an employee Erin, called to see how we were doing. I asked her a few questions about the claim. She stated that she saw a file sitting out and decided to call us to find out what was going on and if we were doing better.

She said she did not know much about the claim and gave me a number to contact CMI. CMI is the company that handles Wal-Mart claims. I called CMI and left a message. I called CMI several times on June 16, and left a message with Cricket Daniels, still no call back.

From June 17 to June 21, I tried again and was ignored with no response. I talked to a few managers from Wal-Mart and they basically kept giving me the run-around and told me, the manager who helped us with the claim was out on family leave. Finally, on July 12, I talked to a Bart Gills from Tyson Foods. He told me he sent out some forms for family member to fill out and send back.

Family member filled out, copied, and sent forms back on July 31. On August 1, I talked to Erin the employee again. She stated that a manager asked her to give a call back to see what she could help with. I told her that we had not heard anything from CMI.

Erin gave an address she found online and asked me to contact them by mail, she also stated she left a message with Cricket Daniels. We never heard back from Erin but I made several attempts to get answers from Wal-Mart managers and CMI. No one showed any true concern. Finally, I called and spoke to a Joan from CMI and told her what was going on.

Joan stated to me that she left a message/email with Cricket Daniels. She claimed that Cricket was out for the day. Joan asked me questions regarding the claim. She told me she would contact Bart Gills to find out what was going on.

About 5 minutes later Joan called me back and said that Bart Gills was out of the office but she left him a message asking him all the questions she wanted to ask concerning the claim. Joan also asked him in her message to contact Cricket Daniels on Monday morning, August 8, 2011. Monday morning came, we never heard from anyone. August 11, I called Bart Gills.

Bart told me he never received the ground beef sample and suggested we contact Wal-Mart to find out what happened. That same day I called Wal-Mart and talked to a Manager named Melissa. This is the manager that took over for Stephanie while she was on family leave. She said Stephanie would be back on August 14.

While over the phone, Melissa looked in our file and saw no documentation that the meat sample was ever sent out. We no longer wanted to speak to Bart Gills. We did not purchase the ground beef from Bart, we purchased the meat from Wal-Mart. We feel that Wal-Mart showed negligence when they took a sample of our meat and never sent it out to a lab.

We have been lied to and treated with no respect, sincerity or true concern. We have been Wal-Mart customers for over 20 years and never thought we would ever be treated in this manner.

We want justice and we want to be treated like the loyal customers we are. We have proof of medical records, receipts, copy of claim, claim number, copy of statement of damage form, photo copies of dates on meat package, phone logs, and written documentation of all calls made and received.

Product or Service Mentioned: Walmart Claim.

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I have got bad meat with good date codes 4 times in the last 6 mths. Will never buy meat from there again.


*This is not to be construed as legal advice. For legal advice, you should consult an attorney.

I find it somewhat funny that the actual term for not preserving the meat sample is "spoliation of evidence." So fitting. It should also result in a presumption that the evidence would have been as negative as possible for the side that should have preserved it but didn't. This is usually used for companies which frantically shred documents before a lawsuit.

Attorneys in most states aren't allowed to reach out to you.

The professional rules have adopted a ban on "ambulance chasing;" this means that, if a lawyer is looking to profit from a case, that lawyer can't approach the client. You need to find them.


I too suffered from a similar incident and am in need of help. Food poisoning, especially from bad meat is absolutely no joke and many people die from it.


First of all the comment from kholargos, Attica about me working for walmart is not true. I've never worked for walmart.

Someone copied my username and posted that lie.

Walmart has never even given a simple sorry. They just simply did not care what happened to my family.


This comment is truly from adsy1900


I too have purchased meat from Wal-Mart that was spoiled. The first was a $20 roast that was kept in the refrigerator for one day after purchasing and was spoiled when I opened it.

It still had a week left on the best by or freeze by date but it smelled rancid.

I took it back with no issue other than having to make an extra trip to the store. Now I have two steaks purchased on Tuesday to eat today, Thursday and when I opened them to start the marinating t

process they look fine but smell awful....they expire in 5 days.


Most of the comments that have been posted here under my name are not true. Someone is coming on the site and posting untrue comments under my name. Any other comments that post after this one, will not be posted by me.


I found a lawyer who will take on my case...YES!!!


After some soul searching, I here-by admit that my initial complaint of spoiled hamburger meat was an outright lie.

I was mad because I got fired from WalMart for employee theft, and by writing a complaint, they might hire me back.


The comment that reads (The health department did take a sample of the meat...) was not written by me


This website is fraud itself. It post comments that are not written by the writer


I have proof that Walmart sold me the bad meat. If you read my complete comment you would know this


I did not post that second comment. Someone used my username and posted that


get over it..tired of all sue happy people like you. i'm sorry you were ill but sometimes *** happens, for all you know you caused your own food poisoning from improper food handling.


That is not true my husband got sick 3 times on meat that was bought at Walmart and they got snotty with us on it proper care is done when I cook proper hand washing etc .when this happens to you than you will think different so don't ever tell anyone to get over it because you don't know what you are talking about

John N

I assume you kept and froze the remainder of the meat. Also, I assume you also contacted your local health department immediately upon getting ill and suspecting the meat.

They would have taken a sample also. You do not say what you consider "justice." Perhaps a new car? Or a trip to Europe? No one died and your health insurance covered most, if not all of the medical care.

Once the local health department gave you the results, if the meat was indeed bad, then you can sue for damages---real damages commensurate with what you lost. None of this pain and suffering nonsense.

Any out of pocket medical expenses and perhaps a few bucks. However, if you have no proof WalMart sold you bad meat, then you are out of luck.

@John N

Walmart does have bad meat and stinkey produce the health dept should shut these stores for good they are bad news and by the way they are nasty to their employees