Eggo Waffles Manufacturer Hit With Wrongful-Death Suit for Allegedly Failing to Seek Timely Medical Care for Injured Employee

Frozen waffle company Eggo and its parent company Kellanova were hit with a wrongful-death lawsuit Monday on behalf of an employee who allegedly died after receiving delayed care for head injuries he sustained while working at the Hammonton facility.

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The suit, Seidel v. The Eggo Company, was filed Monday in U.S. District Court for the District of New Jersey by Lee J. Hughes, of Gruccio Pepper De Santo & Ruth in Vineland, on behalf of Nelda Seidel, the administrator as prosequendum of the estate of Earl R. Brown Jr. Brown was a Millville resident and a longtime employee of Kellogg USA, which is now The Eggo Co., a subsidiary of another named defendant, Kellanova.

Brown was a shop steward at Eggo and he was well-known by management as a “pro-labor activist,” according to the complaint. Brown had filed grievances against the defendants on behalf of co-workers and testified against his own supervisor in a case involving sexual harassment allegations. At the time of his accident, Brown was in the process of filing a hostile work environment lawsuit against the defendants.

The defendants allegedly retaliated against Brown by making him work up to 12 days straight and assigning him dangerous tasks “in an effort … to cause serious bodily harm and even death.” In one incident, the complaint alleged that Brown was tasked with climbing a metal ladder in a thunderstorm to make roof repairs. He was also sent into a freezer to perform tasks without protective clothing.

On Aug. 15, 2022, while working at Eggo’s Hammonton location, Brown lost consciousness, fell, and hit his head, which caused injury and bleeding. His supervisors allegedly failed to call for medical assistance and, instead, ordered that Brown be placed in a chair. Brown was allegedly required to make his own arrangements to obtain medical care and ordered to retrieve his phone from his car to obtain assistance with his injuries, according to the complaint.

“Earl R. Brown, Jr.’s supervisor observed him lying on the floor and did not implement company protocols,” the complaint said.

After Brown called a friend to help him, it took more than an hour for that person to arrive at the location. The company ordered Brown to go to urgent care before returning to work. However, Brown asked his friend to take him to the emergency room.

“Upon arrival at the emergency room, Earl R. Brown, Jr. had lost consciousness, and despite efforts at the emergency room of Inspira Health Vineland, Earl R. Brown, Jr. had succumbed to his injuries,” the complaint said. “Upon being advised of the passing of Earl R. Brown, Jr., the emergency room physician also advised that the outcome would have been different if he was properly treated at the workplace.”

The complaint alleged that the defendants’ failure to assist Brown with his injuries was a direct cause of his death.

Hughes did not immediately respond to a message seeking a comment.

Counsel have yet to appear for the defendants. A request for comment sent to Kellanova was not immediately returned.