Published by Pursuing a lawsuit can often be a complex process, but with the assistance of a seasoned Pennsylvania food poisoning lawyer, you can navigate these intricacies with confidence and seek compensation.
If you or a loved one has been a victim of food poisoning, Schmidt & Clark, LLP, is here to provide the help you need.
Recognized for our proficiency in representing plaintiffs, our primary goal is to ensure you receive the justice and rightful compensation you are entitled to.
Table Of Contents
- Pennsylvania Food Poisoning Lawsuit Overview
- Latest Pennsylvania Food Poisoning Lawsuit Updates
- FDA Reports and Statistics
- Common Causes of Food Poisoning in Pennsylvania
- Food Poisoning Injuries & Side Effects
- Do You Qualify for a Pennsylvania Food Poisoning Lawsuit?
- Food Recall Information
- Statute of Limitations for Pennsylvania Food Poisoning Lawsuits
- FAQs
- 1. What is the role of expert witnesses in food poisoning lawsuits?
- 2. Can food poisoning be traced back to a specific source?
- 3. What is the process for a food poisoning lawsuit in Pennsylvania?
- 4. How long do food poisoning lawsuits typically take to resolve?
- 5. What factors affect the settlement amount in food poisoning cases?
- 6. Can I file a lawsuit if multiple people got sick from the same source?
- Get a Free Pennsylvania Food Poisoning Lawsuit Evaluation With Our Lawyers
Pennsylvania Food Poisoning Lawsuit Overview
Food poisoning lawsuits in Pennsylvania involve claims against food producers, processors, suppliers, wholesalers, and retailers who have distributed contaminated food products.
These cases typically invoke product liability claims, treating food as a defective product that has caused illness or injury.
In Pennsylvania, the Salmonella incidence rate from 2019 to 2021 was 11.7 per 100,000, exceeding the state goal of 11.1 or lower by 2030, indicating a significant public health concern [1].
In America, an estimated 48 million people, or one in six, contract some form of food poisoning annually, with about 128,000 requiring hospitalization due to unsafe food. – Centers for Disease Control and Prevention.
Latest Pennsylvania Food Poisoning Lawsuit Updates
- March 2025– Recent settlements in Pennsylvania food poisoning cases have averaged between $25,000 and $150,000 for victims who required hospitalization, with higher amounts for cases involving long-term health complications. Several class action lawsuits are currently in progress against regional food distributors linked to recent outbreaks.
- January 2025 – The Pennsylvania Department of Health reported a 15% increase in foodborne illness cases last year, with Salmonella, E. coli, and Listeria being the most common. This has led to stricter enforcement of food safety regulations, including the Pennsylvania Food Code, which sets guidelines for food handling, storage, preparation, and sanitation to reduce risks [2].
- November 2024 – A major settlement was reached in a multi-plaintiff lawsuit against a Pennsylvania restaurant chain following a Norovirus outbreak that affected over 100 customers. The undisclosed settlement included compensation for medical expenses, lost wages, and pain and suffering for all affected individuals.
FDA Reports and Statistics
According to recent data from the FDA and CDC:
- In Pennsylvania, there were 1,456 reported cases of food poisoning in 2024.
- Salmonella accounted for 32% of all foodborne illness cases in the state.
- E. coli outbreaks increased by 18% compared to the previous year.
- Listeria infections, while less common, resulted in the highest hospitalization rate at 94%.
- Restaurant food was implicated in 68% of outbreaks, followed by processed foods (22%) and fresh produce (10%) [3].
Common Causes of Food Poisoning in Pennsylvania
Food poisoning can be caused by a variety of factors, including bacteria, viruses, parasites, and toxins.
Common bacterial causes of food poisoning in Pennsylvania include:
- Campylobacter
- Clostridium perfringens
- E. coli
- Listeria
- Salmonella
- Shigella
- Staphylococcus aureus
Food Poisoning Injuries & Side Effects
Food poisoning can cause a range of symptoms from mild discomfort to life-threatening conditions, depending on the pathogen involved and the individual’s health status.
- Gastrointestinal Distress: Severe abdominal cramping, nausea, vomiting, and diarrhea that can lead to dehydration.
- Neurological Complications: Some foodborne illnesses like botulism can cause double vision, slurred speech, muscle weakness, and paralysis.
- Hemolytic Uremic Syndrome: A serious complication of E. coli infections that can cause kidney failure.
- Reactive Arthritis: Joint inflammation that can develop following certain bacterial infections.
- Long-term Health Issues: Some victims experience chronic digestive disorders, kidney damage, or neurological problems months or years after recovery [4].
Do You Qualify for a Pennsylvania Food Poisoning Lawsuit?
You may qualify for a Pennsylvania food poisoning lawsuit if:
- You consumed food from an identifiable source in Pennsylvania.
- You developed symptoms of food poisoning within a medically reasonable timeframe after consumption.
- You sought medical attention for your symptoms.
- Your illness was diagnosed or can be linked to a specific pathogen.
- You have evidence connecting your illness to the contaminated food.
- You file within Pennsylvania’s two-year statute of limitations.
Determining Liability
Determining liability in food poisoning cases is a complex process.
It involves examining the chain of distribution for food products, which includes:
- Producers
- Processors (food manufacturers)
- Suppliers
- Wholesalers
- Retailers
All of these entities might bear responsibility if contamination occurred at their stage. Food poisoning cases may invoke product liability claims, treating the food as a defective product.
Businesses must adhere to the implied warranty that the food sold is fit for consumption and safe.
A strong case can be built by tracing the contaminated food product’s origin through comprehensive purchase records and monitoring local food recalls, which aids in identifying the responsible party.
Additionally, proving contamination from food handlers through pathogens such as Shigella, Hepatitis A, or Norovirus is strengthened by known outbreaks linked to specific food items.
Evidence Required for a Pennsylvania Food Poisoning Lawsuit
Building a strong food poisoning case requires substantial evidence:
- Medical records documenting your diagnosis, treatment, and hospitalization.
- Receipts, credit card statements, or other proof of purchase from the suspected source.
- Food samples (if available) for laboratory testing.
- Stool sample test results identifying the specific pathogen.
- Photographs of the food, packaging, or restaurant conditions.
- Witness statements from others who ate the same food.
- Health department reports documenting outbreaks linked to the establishment.
Damages You Can Recover
Successful Pennsylvania food poisoning lawsuits may provide compensation for:
- Medical expenses including hospitalization, medications, and follow-up care
- Lost wages and diminished earning capacity
- Physical pain and suffering
- Emotional distress and mental anguish
- Long-term health complications requiring ongoing treatment
- Punitive damages in cases of gross negligence or willful disregard for safety
Food Recall Information
Recent food recalls affecting Pennsylvania residents include:
- March 2025: Multiple brands of fresh spinach recalled due to potential E. coli contamination.
- January 2025: Regional cheese manufacturer recalled soft cheeses after Listeria was detected.
- December 2024: Ground beef products recalled from several Pennsylvania retailers due to Salmonella risk.
- October 2024: Ready-to-eat salad products distributed to Pennsylvania grocery stores recalled for potential Listeria contamination.
- August 2024: Multiple egg brands recalled due to Salmonella concerns affecting several Pennsylvania counties.
Consumers can check the FDA and USDA websites for the most current recall information.
Statute of Limitations for Pennsylvania Food Poisoning Lawsuits
In Pennsylvania, the statute of limitations for filing a food poisoning lawsuit is two years from the date of the injury or illness.
This means victims have 24 months from when they became ill to initiate legal proceedings against the responsible parties.
However, there are some exceptions to this timeframe:
- The “discovery rule” may extend the deadline if you couldn’t reasonably have known the cause of your illness immediately.
- For minors, the statute of limitations typically begins when they turn 18.
- In cases involving multiple victims (outbreaks), different legal considerations may apply.
Consulting with a food poisoning attorney promptly is crucial to ensure you don’t miss these important deadlines.
FAQs
1. What is the role of expert witnesses in food poisoning lawsuits?
Expert witnesses, such as microbiologists and food safety specialists, provide testimony on how contamination occurred and link it to your illness. They analyze food handling practices, identify the likely source of pathogens, and establish causation between the contaminated food and your symptoms, strengthening your case significantly.
2. Can food poisoning be traced back to a specific source?
Yes, through epidemiological investigations and laboratory testing, health authorities can trace food poisoning outbreaks to specific sources. This includes DNA fingerprinting of pathogens, analyzing distribution patterns, and interviewing victims about their food history to identify common denominators in what they consumed.
3. What is the process for a food poisoning lawsuit in Pennsylvania?
The process involves filing a complaint, gathering evidence, negotiating with the defendant, and potentially going to trial. An experienced attorney will guide you through each step, including the initial investigation, filing legal documents, discovery phase, settlement negotiations, and court proceedings if necessary.
4. How long do food poisoning lawsuits typically take to resolve?
Food poisoning lawsuits in Pennsylvania typically take 6-18 months to resolve, depending on case complexity and whether it settles or goes to trial. Simple cases with clear liability may settle within a few months, while complex cases involving multiple victims or defendants can take several years.
5. What factors affect the settlement amount in food poisoning cases?
Factors affecting settlement amounts include severity of illness, medical expenses, lost income, long-term health impacts, strength of evidence linking the illness to a specific food source, and the defendant’s liability insurance coverage. Cases resulting in hospitalization or long-term complications typically receive higher settlements.
6. Can I file a lawsuit if multiple people got sick from the same source?
Yes, you can file an individual lawsuit or potentially join a class action if multiple people were sickened by the same source. Class actions are common in widespread outbreaks and can strengthen your case by establishing a pattern of illness linked to a specific food source or establishment.
See all related product liability lawsuits our attorneys covered so far.
Get a Free Pennsylvania Food Poisoning Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for food poisoning injuries in Pennsylvania. With the two-year statute of limitations, it’s crucial to act promptly to protect your legal rights and options for compensation.
At Schmidt & Clark, LLP., we offer:
- Free, confidential case evaluations to determine if you have a valid claim
- No upfront costs or attorney fees – we only get paid if you win your case
- Experienced trial lawyers who focus exclusively on helping plaintiffs
- A proven track record of successful foodborne illness cases
Don’t wait until it’s too late – evidence can deteriorate and witnesses’ memories fade with time, potentially weakening your case.
References
- https://www.pa.gov/content/dam/copapwp-pagov/en/health/documents/topics/healthstatistics/healthypeople/documents/current/county/fs-04-salmonella-incidence-rate.html
- https://www.agriculture.pa.gov/consumer_protection/FoodSafety/Retail%20Food/Documents/FDA%20Food%20Code%202022_Full%20Document.pdf
- https://opentextbc.ca/foodsafety/chapter/causes-of-foodborne-illnesses/
- https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/