Public Mediation

Safeway #2600 in Tracy, CA-Dispute-#4293767

M. S. vs. Safeway In Tracy, Ca
1801 W 11th St, Tracy, California, 95376, United States
Amount Involved: Other terms
Complaint(s): Problem with a product
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"On Monday, August 12 2013, I opened and fed to my two year old daughter tainted milk purchased from our local Tracy Safeway. We fed her a full bottle of milk and she ate a full bowl of cheerios with the same milk. Half gallon, Lucerne 2% lactose free with DHA. A few hours later, my daughter became extremely ill, she threw up and had diarrhea for the next three days, until August 14 2013. My husband and I could not figure out why our baby was ill, we figured she had caught a bug. We kept her home from preschool and when I returned home from work that evening, my uncle showed me the most disgusting and horrifying thing I had ever seen. I was appalled when he said that earlier in the day; my daughter would not drink the tainted milk because it tasted “yucky”. He smelled and tasted the milk only to discover it was SOUR and tasted HORRIBLE. He immediately dumped out the contents and but saved the carton to show me when I arrived home. What I saw SHOCKED and APPALLED me. At the bottom of this milk carton was MOLD. The smell almost made me VOMIT. The milk was not even close to being expired. The expiration on the carton said 09/04/2013 which is why it never occurred to us that the milk was the main culprit to our daughter’s illness. When my husband returned home from work that evening, we both went to the Safeway store and spoke to the assistant store manager, Maurice. We told him what had happened, we even brought the carton of milk so he could see the mold and smell it. Although he was apologetic, apologies will not make my daughter recover any sooner or make her better, he offered us a new carton of milk or a refund. Are you kidding me??? We asked for the corporate store number and the name of the store manager. The next day, the store manager Frank called my cell phone at 6 am in the morning and left a message. I tried calling him back later that morning but he was no longer there. He finally called me today, August 16 2013 and basically told me that the store is no way at fault for causing my daughters illness! I could not believe what he was telling me, not only is Safeway responsible for my daughter getting FOOD POISIONING, they have caused us emotional grief in the process. He was very rude on the phone and did not want to listen to a word I had to say. I was so upset I called my husband and he received the same treatment from this so called manager Frank. He lied about the conversation he had with me and also said he had witnesses regarding our discussion, if you want to call it that. This is an outrage! People like him should not be able to threaten and intimidate people especially when it involves my daughter! This entire situation has been very traumatic for my family, especially my daughter who ingested this poison and had to suffer for three long days. She had copious amounts of diarrhea and vomiting, she lost weight and she was just miserable. Please, can you help us get some closure with this matter? I want to take this to small claims court, but my family cannot afford the fees to file a lawsuit. It’s clear that Safeway and the store manager Frank, does not want to take responsibility for this. Please help my daughter; she is only 2 years old. Thank you."
...
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What Claimant Wants Hide
Just make me happy!
Claimant invites Safeway in Tracy, CA to make a fair offer.
1. Other – Copy claim to regulators Sep 03, 2013 $14.99
2. Other – Pay for claim posting cost Sep 03, 2013 $7.99
Cash total : TBD
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Respondent's Counteroffer

There has been no response to this claim from Safeway in Tracy, CA. This claim will remain posted until resolved
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