Given the massive nature of the recent peanut butter recall there is much speculation as to whether people made ill by these products will have viable claims.   Lawyers involved point out that a positive salmonella diagnosis will be the key component for these cases.  Either a positive stool culture or a blood test is the definitive way to diagnosis salmonella.  Without a positive diagnosis, legal causation will prove very difficult, even if those affected can establish product identification through an empty package wrapper, container receipt or other documentation.
If you know anyone who was made ill by eating contaminated peanut butter, ask them to keep any packaging or wrappers of the product in a safe place, such as in a ziploc bag or tupperware container.  The label, box, wrapper or food product itself is important evidence that may need to be tested or examined at a later time.  Putting evidence in tamper-proof containers and labeling the date and circumstances can further substantiate meritorious food poisoning claims.  Those consumers who were not diagnosed, but seriously affected, will likely be eligible for a nationwide class action in the months ahead as we are certain many will be filled soon.