Indiana Food Poisoning Lawsuit 2024 (Latest Updates)

Did you know that over 48 million Americans suffer from food poisoning every year?

Many cases go unreported, and victims endure medical bills, lost wages, and long-term health issues. If you or a loved one has experienced severe food poisoning in Indiana, legal action may help you recover compensation for your suffering.

The team at Schmidt & Clark, LLP, is ready to assist. With extensive experience in food poisoning cases, we help victims secure justice and hold responsible parties accountable.

Food Poisoning Lawsuit Overview

The consequences of food poisoning extend beyond physical discomfort, reaching into the realm of justice.

Food poisoning lawyers in Indiana, also known as food poisoning attorneys, are experienced in battling for their clients’ rights and securing financial settlements for those unfortunate enough to fall ill from contaminated food. These food attorneys have even represented victims in cases against major corporations like:

• Walmart
• Dole
• McDonald’s
• Nestle

Who is Responsible for Your Food Poisoning Case?

Holding food providers accountable can be complex, but an experienced attorney can guide you through the process. Liability may fall on restaurants, grocery stores, food manufacturers, or suppliers if they failed to follow safety regulations.

A strong food poisoning case case requires proving:

• The food was contaminated (e.g., unpasteurized milk, improperly stored meat).
• The contamination directly caused illness.
• The responsible party neglected safety standards.

Businesses that violate food safety regulations can face lawsuits, especially if their negligence leads to outbreaks affecting vulnerable populations, such as pregnant women or those with weakened immune systems. Expert witnesses, such as microbiologists and epidemiologists, often provide crucial testimony in these cases.

Laws That Govern Food Safety in Indiana

Food poisoning lawsuits in Indiana are governed by regulations such as [1]:

• Code of Federal Regulations (CFR) Title 21 – Federal guidelines on food safety.
• Indiana Code (IC) Title 16 Article 42 – State-specific health and food safety laws.
• 410 IAC 7-21 & 410 IAC 7-24 – Sanitation requirements for wholesale and retail food establishments.

Non-compliance with these regulations can result in legal consequences, including lawsuits and fines, particularly if violations cause severe health issues such as kidney failure.

Notable Food Poisoning Cases in Indiana

• Cantaloupe Listeria Outbreak (2011) – Led to multiple hospitalizations and fatalities.
• Salmonella at a Funeral Luncheon (2014) – Resulted in a $130,000 settlement for two victims.
• Nationwide Salmonella Outbreak (2018) – One of the largest settlements in U.S. history, totaling $11 million.

If you have been affected by food poisoning, consulting a lawyer can help you understand your legal rights and next steps.

Understanding Food Poisoning and Its Impact in Indiana

Food poisoning, a frequently overlooked issue, is quite prevalent in Indiana. The usual culprits include bacteria such as:

• Campylobacter
• Salmonella
• Listeria
• E. coli

These bacteria can seriously impact the health of those affected. Symptoms range from stomach cramps, nausea, and vomiting to diarrhea and fever. In severe cases, food poisoning can cause lasting damage and even lead to life-threatening conditions.

Common Causes of Food Poisoning in Indiana

Bacteria are the primary cause of food poisoning in Indiana. Some of the most notorious bacteria include [2]:

• Shigella
• Listeria
• Botulinum toxin

These bacteria can enter the food supply at any point, from farm to table, and cause severe illness.

These harmful bacteria are more likely to inhabit certain foods. Some examples include [3]:

• Meat
• Poultry
• Seafood
• Eggs
• Dairy products

This underscores the importance of proper food handling and cooking practices to prevent these bacteria from causing illness.

“Biological contaminants are by far the greatest cause of illness. Many of the risks associated with biological contaminants can be controlled or removed by effective food handling practices.”- The BC Cook Articulation Committee

Think You Have Food Poisoning? Here Are the Signs

Prompt recognition of food poisoning symptoms is vital for timely medical intervention and, if necessary, lawsuit initiation. Common symptoms include [4]:

• Cramping
• Nausea
• Vomiting
• Diarrhea
• Stomach pain or cramps
• Fever

These symptoms can manifest as quickly as 30 minutes after consuming contaminated food or even up to a week later.

However, severe symptoms that could be more than just an upset stomach include:

• excessive vomiting
• severe stomach cramps
• blood in stool
• high fever
• signs of dehydration

These are serious indications of severe food poisoning and demand immediate medical attention.

Food Poisoning Lawsuit Settlement Amounts in Indiana

Compensation amounts awarded in Indiana’s food poisoning lawsuits can significantly vary. Factors that can influence the settlement amount include:

• the details of the lawsuit
• the person making the claim
• the company being sued
• the severity of the injury

Settlements can range from a few thousand dollars to millions. Victims in past Indiana cases have received:

• $130,000 for two people affected by a salmonella outbreak.
• $11 million for victims in a widespread food contamination case.

What Compensation Can You Receive?

Victims of food poisoning in Indiana can pursue compensation for an array of damages, including:

• Medical costs
• Lost wages
• Pain and suffering
• Loss of enjoyment of life

Medical expenses cover a broad range of costs, such as medical bills, hospital bills, and other related medical expenses.

Victims can also be compensated for:

• any paid time off and vacation days used due to the illness
• ‘pain and suffering’
• ‘loss of enjoyment of life,’ which refers to the reduced ability to enjoy life and engage in activities one used to love.

Steps to Filing a Food Poisoning Lawsuit in Indiana

If you suspect food poisoning, take these steps to strengthen your case:

• Seek medical attention – A doctor’s diagnosis is essential evidence.
• Preserve evidence – Save any leftover food and packaging.
• Report the illness – Notify your local health department.
• Consult a lawyer – Legal professionals can assess your case and determine your eligibility for compensation.

The evidence used typically includes:

• Medical records
• Lab test results
• Witness statements
• Documentation of any contaminated food or unsanitary conditions at the food establishment

Victims have two years from the date of illness discovery to file a lawsuit, though exceptions apply in certain circumstances.

Related Articles:

• Illinois Food Poisoning Lawsuit
• Hawaii Food Poisoning Attorney
• Idaho Food Poisoning Lawsuit

See all related product liability lawsuits our attorneys covered so far.

FAQs

What Four Foods Are the Biggest Offenders of Causing Food Poisoning?

The four foods that are the biggest offenders of causing food poisoning are:

• Poultry – Undercooked chicken and turkey.
• Seafood – Shellfish toxins and bacterial contamination.
• Deli Meat – Risk of Listeria contamination.
• Eggs – Potential for Salmonella infection.

Can I File a Lawsuit for Food Poisoning in Indiana?

Yes, you can file a lawsuit for food poisoning in Indiana if you can prove that the food poisoning was caused by negligence, such as improper handling, preparation, or storage of food by a restaurant, retailer, or manufacturer.

How Much Compensation Can I Get for Food Poisoning?

The compensation that you can get for food poisoning can range from a few thousand dollars to over $500,000. Settlement amounts vary based on factors such as the strength of the claim, the severity of injuries and damages, the number of people affected, and other relevant circumstances.

What to Do Next If You’ve Suffered Food Poisoning

• See a doctor immediately – Get medical records documenting your illness.
• Save any contaminated food – It could serve as key evidence.
• Contact a lawyer – Learn if you qualify for compensation.

Schmidt & Clark, LLP, specializes in food poisoning cases and offers free consultations. You won’t pay any fees unless we win your case.

Get in touch now to schedule a free case review and start your claim today.

Reference:

1. https://www.in.gov/health/food-protection/laws-rules-and-regulations/
2. https://my.clevelandclinic.org/health/diseases/21167-food-poisoning
3. https://www.urmc.rochester.edu/encyclopedia/content.aspx?ContentTypeID=90&ContentID=P02019
4. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/