Wrongful death alleged in Castleberry's botulism outbreak

In his last seven weeks alive, Christopher Caffrey went blind, couldn't move and breathed only with the help of a ventilator.

An attorney for his family say the botulism toxin killed him.

They're blaming the Castleberry's food plant in Augusta for his death.

A rare botulism outbreak in Castleberry's canned chili sauce last year sickened eight people.

It also led to a massive nationwide recall of the company's canned foods.

Caffrey's family is suing Castleberry's for wrongful death because they say he ate Austex canned chili sauce, made by Castleberry's, shortly before his illness.

"The surprising thing to us is botulism is easy to prevent," says Randi McGinn, the Caffreys' lawyer. "If you follow the rules set up by the USDA (U.S. Department of Agriculture) and the FDA (U.S. Food and Drug Administration), there is no botulism."

Castleberry's declined to comment on the Caffrey case because it is in litigation.

Caffrey's family has not set a dollar figure on the lawsuit. McGinn says they instead want the court to decide any award.

Christopher Caffrey was a 52-year-old man who lived in New Mexico. The lawsuit was filed in a state district court there.

A spokeswoman for the U.S. House of Representatives' energy and commerce committee says a congressional hearing on last year's outbreak and issues related to it will likely begin this month.