I'm NOT suing them for sure. I've talked to their risk management office and they are going to refund my dinner, cover my co payments, and a couple other things. I've moved on from this issue except watching it all unfold in the news paper.

They are being sued:
http://www.lsj.com/apps/pbcs.dll/article?AID=/20060516/NEWS01/605160324

Having once dry-heaved for 5 hours from outdated pork, I "feel your pain".
The legal system does keep the big manufacturers/distributors semi-honest though when it's repetative and known. Meat is no longer half rat droppings and sawdust, and chain stores are more wary of bait-and-switch, price fixing, etc, etc...
That said, glad it worked out.