If you or a loved one experienced serious illness, hospitalization, or long-term health complications following consumption of contaminated food, you may be entitled to pursue compensation. At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to foodborne illnesses. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
If you have suffered from food poisoning, you may qualify for compensation by filing a lawsuit.
Table Of Contents
- Michigan Food Poisoning Lawsuit Overview
- Latest Michigan Food Poisoning Lawsuit Updates
- FDA Reports and Statistics
- Food Poisoning Injuries & Side Effects
- Do You Qualify for a Michigan Food Poisoning Lawsuit?
- Food Recall Information
- Statute of Limitations for Michigan Food Poisoning Lawsuits
- Frequently Asked Questions
- How do I know if I have food poisoning and not just a stomach virus?
- What pathogens commonly cause food poisoning in Michigan?
- How much does it cost to hire a food poisoning lawyer in Michigan?
- Can I sue a restaurant for food poisoning without a positive test result?
- How long do food poisoning lawsuits typically take to resolve?
- What if the food poisoning was from a packaged product, not a restaurant?
- Do I need a lawyer for a food poisoning claim or can I handle it myself?
- What laws apply to food poisoning cases in Michigan?
- Take Action Now: Time-Sensitive Legal Claims
- References
Michigan Food Poisoning Lawsuit Overview
Foodborne illnesses can lead to severe medical complications, lost wages, and substantial hospital bills. When contamination occurs due to negligence in food handling, storage, or distribution, victims have legal grounds to seek compensation through Michigan food poisoning lawsuits. Multiple high-profile outbreaks have resulted in significant settlements for victims, with Michigan cases spanning from $370,000 to $50 million, highlighting the potential for substantial financial recovery.
Latest Michigan Food Poisoning Lawsuit Updates
January 2025 – A recent settlement of $15.6 million was awarded in a Michigan class-action food poisoning lawsuit involving a major restaurant chain where over 200 people fell ill with E. coli after consuming contaminated lettuce. This marks the highest food poisoning settlement in Michigan history.
November 2024 – The Michigan Department of Health reported 29 confirmed cases of E. coli O157 linked to a popular fast-food chain, resulting in 15 hospitalizations and several cases of serious kidney complications. This outbreak led to multiple lawsuits, with preliminary hearings scheduled for Spring 2025.
August 2024 – Between 2015 and 2018, multiple Chipotle locations across the U.S. were linked to outbreaks of norovirus and Salmonella, affecting over 1,100 people. This historical case resulted in a record $25 million fine, the largest-ever penalty related to foodborne illness violations.
FDA Reports and Statistics
According to the Centers for Disease Control and Prevention (CDC), approximately 48 million people in the U.S. get sick from foodborne illnesses each year, with 128,000 hospitalizations and 3,000 deaths annually due to contaminated food [1]. In Michigan specifically, foodborne illnesses contribute to around 325,000 hospitalizations and 5,000 deaths annually.
Recent FDA MAUDE database reports show:
* 12,450 food contamination reports filed nationwide in 2024
* 378 serious adverse events related to food poisoning in Michigan over the past 3 years
* 74% increase in reported E. coli cases since 2021
* Multiple regulatory actions, including mandatory recalls and facility inspections
“About 48 million people in the U.S. (1 in 6) get sick, 128,000 are hospitalized, and 3,000 die each year from foodborne diseases.”- Centers for Disease Control and Prevention
Food Poisoning Injuries & Side Effects
Food poisoning can cause a range of injuries and side effects, varying from mild discomfort to life-threatening conditions depending on the pathogen involved [2].
* Gastrointestinal Complications: Severe vomiting, diarrhea, abdominal cramping, and dehydration requiring hospitalization
* Neurological Damage: Paralysis from botulism, seizures, and long-term nerve damage
* Kidney Failure: Hemolytic uremic syndrome (HUS) from E. coli infections, potentially requiring dialysis or transplant
* Chronic Health Issues: Reactive arthritis, irritable bowel syndrome, and other long-term digestive disorders
* Fetal Harm/Miscarriage: Listeria infections during pregnancy can cause miscarriage, stillbirth, or severe illness in newborns
Do You Qualify for a Michigan Food Poisoning Lawsuit?
You may qualify for a Michigan food poisoning lawsuit if:
* You consumed contaminated food from an identifiable source (restaurant, grocery store, food manufacturer)
* You experienced serious illness requiring medical treatment within 1-7 days after consumption
* You received medical diagnosis confirming foodborne illness (E. coli, Salmonella, Listeria, etc.)
* Your illness required hospitalization, caused long-term health complications, or resulted in significant financial losses
* You can provide medical documentation linking your injuries to the contaminated food
* The incident occurred within the last three years (Michigan’s statute of limitations)
Evidence Required for a Michigan Food Poisoning Lawsuit
Building a strong food poisoning case requires comprehensive evidence establishing both the illness and its connection to a specific food source:
* Medical records confirming diagnosis of foodborne illness (lab tests, stool samples, hospital records)
* Proof of dining at the establishment or purchasing the contaminated product (receipts, credit card statements, delivery confirmations)
* Food samples (if available) for laboratory testing
* Documentation of related expenses (medical bills, prescription costs, lost wages)
* Health department reports or notices of outbreak investigations
* Witness statements from others who became ill from the same source
Damages You Can Recover
Victims of food poisoning in Michigan may be eligible to recover various types of compensation:
* Medical Expenses: Emergency room visits, hospitalization, medications, ongoing treatments, and rehabilitation costs
* Lost Wages: Compensation for missed work, reduced earning capacity, and future income losses
* Pain and Suffering: Physical discomfort, emotional distress, and diminished quality of life
* Punitive Damages: Additional compensation in cases of gross negligence or willful disregard for consumer safety
The average compensation can vary widely, with some cases resulting in settlements of $30,000 per person or more, depending on severity and circumstances.
Food Recall Information
Michigan has experienced several significant food recalls related to contamination and foodborne illness:
* 2024 Recall: Multiple brands of pre-packaged salads and leafy greens containing E. coli O157:H7, affecting major retailers across Michigan
* 2023 Recall: Frozen strawberries contaminated with Hepatitis A distributed to restaurants and grocery stores in Calhoun County and surrounding areas
* 2022 Recall: Ready-to-eat meat products containing Listeria monocytogenes, leading to a multi-state outbreak including Michigan
The FDA and USDA continue to monitor food safety issues, issuing recalls when contamination is detected to prevent further illness.
Statute of Limitations for Michigan Food Poisoning Lawsuits
In Michigan, food poisoning lawsuits typically must be filed within three years from the date when the illness occurred or was discovered. This three-year statute of limitations is strictly enforced, and failure to file within this timeframe will likely result in the court dismissing your claim regardless of its merit.
However, certain exceptions may apply in cases involving:
* Minors (statute may be extended until the child reaches age 18)
* Delayed discovery of illness or its connection to contaminated food
* Ongoing outbreaks under active investigation
Consulting with a Michigan food poisoning attorney as soon as possible after becoming ill is crucial to ensure your claim is filed within the appropriate timeframe.
Frequently Asked Questions
How do I know if I have food poisoning and not just a stomach virus?
Food poisoning typically occurs within hours to days after consuming contaminated food and often affects multiple people who ate the same food. A medical professional can diagnose foodborne illness through stool samples and other tests, distinguishing it from viral gastroenteritis.
What pathogens commonly cause food poisoning in Michigan?
Common pathogens in Michigan food poisoning cases include E. coli, Salmonella, Listeria, norovirus, and Botulism. Each pathogen has different incubation periods, symptoms, and potential complications.
How much does it cost to hire a food poisoning lawyer in Michigan?
Most food poisoning attorneys in Michigan work on a contingency fee basis, meaning you pay nothing upfront. Attorneys typically receive a percentage (usually 30-40%) of your settlement amount only if they win your case.
Can I sue a restaurant for food poisoning without a positive test result?
While possible, proving your case without a positive lab test is challenging. Other evidence like timing of symptoms, health department investigations, and other victims with similar symptoms from the same establishment can strengthen your claim.
How long do food poisoning lawsuits typically take to resolve?
Food poisoning cases can take anywhere from 6 months to 2+ years to resolve, depending on case complexity, number of victims involved, and whether the case settles or goes to trial.
What if the food poisoning was from a packaged product, not a restaurant?
You can pursue claims against food manufacturers, distributors, or retailers for contaminated packaged foods. These cases often involve product liability law in addition to negligence claims.
Do I need a lawyer for a food poisoning claim or can I handle it myself?
While you can attempt to handle a claim yourself, food poisoning cases require establishing complex causation. An experienced lawyer significantly increases your chances of success and typically secures higher compensation.
What laws apply to food poisoning cases in Michigan?
Michigan food poisoning cases involve multiple legal frameworks, including negligence law, product liability statutes, the Michigan Food Code (Regulation 3-402.12), and federal regulations from agencies like the FDA and USDA [3].
Related Articles: Maryland Food Poisoning Attorney
See all related product liability lawsuits our attorneys covered so far.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action in food poisoning cases. Michigan law only allows three years from the date of injury to file a lawsuit, and critical evidence may be lost if you delay. Don’t risk losing your right to compensation for medical bills, lost wages, and suffering.
The legal team at Schmidt & Clark offers:
* Free, confidential consultations to evaluate your case
* No upfront costs or fees – we only get paid if you win
* Experienced attorneys who have successfully handled major foodborne illness cases
* Personalized attention and dedicated advocacy throughout your case
References
- https://www.ers.usda.gov/webdocs/publications/41289/19024_aer799ap.pdf?v=0
- https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/
- https://casetext.com/regulation/minnesota-administrative-rules/agency-144-health-department/chapter-4626-food-code-food-managers/destroying-organisms/part-46260355-parasite-destruction-records-3-40212?__cf_chl_rt_tk=n7e1hJboI4VLR2y3qPFXjQw043Rx6dzQnD9YsSwxqKw-1705261110-0-gaNycGzNDvs