Food Poisoning Lawsuit | Get the Right Lawyer

Food poisoning is a common, potentially life-threatening problem for millions of people in the United States.

Food poisoning occurs as a result of consuming contaminated food products.

People infected with pathogens may experience symptoms ranging from mild intestinal discomfort to severe dehydration and bloody diarrhea.

Depending on the type and severity of infection, some people may decide to treat their food poisoning at home.

However, in some instances, a food poisoning case could be severe and cause an individual to suffer internal organ damage or die as a result of a foodborne illness. Our team of attorneys and legal researchers has extensive experience helping food poisoning victims understand their rights and pursue compensation through litigation.

Other Helpful Links:

• Symptoms of Food Poisoning
• Restaurant’s Food Poisoning Treatments
• When to See a Doctor For Food Poisoning

What is Food Poisoning?

According to the U.S. Centers for Disease Control and Prevention (CDC) [1.], food poisoning is a poisoning of the body resulting from tainted, expired, or mishandled food products.

Foodborne illness results in personal injury typically caused by contaminated food or food that is not prepared correctly.

A wide variety of contaminants have the potential to poison humans, including:

• Parasites
• Toxins
• Viruses
• Bacteria
• Mold
• Insect/rodent exposure

The CDC estimates that as of our latest review, approximately one in six Americans develop a foodborne illness requiring medical treatment every year. Foodborne illnesses range from mild gastrointestinal discomfort to severe conditions that may require hospitalization, making it important for those affected to understand their legal rights and options for pursuing compensation.

Types of Food Poisoning

At least 250 different types of food poisoning have been documented, but the most common varieties are e. coli, listeria, salmonella, and norovirus, commonly referred to as the “stomach flu.” Other less common illnesses include botulism, campylobacter, vibrio, and shigella.

“Most food poisoning is caused by eating food that has certain types of bacteria or viruses,” according to Johns Hopkins Medicine [2.]. “When you eat these foods, the bacteria keeps growing in your digestive tract. This causes an infection.”

E. Coli

E. coli

(Escherichia coli) is a type of bacteria that normally lives in the intestines of humans and other mammals.

“Most of the time, E. coli bacteria can live in your gut without hurting you,” according to the Cleveland Clinic [3.]. “But some strains can make you sick. Shiga toxin-producing E. coli (STEC) is most likely to cause severe illness.”

Symptoms include nausea, vomiting, stomach cramps, diarrhea that often is bloody, fever of about 100 F to 101 F (37.7 C to 38.3 C), malaise, loss of appetite, and dehydration.

Salmonella

Salmonella

is the type of bacteria that’s the most frequently reported cause of illness from foods in America.

“In the United States, Salmonella is a major cause of bacterial infection,” according to MedicalNewsToday [4.]. “It causes around 1.35 million infections, leading to 26,500 hospitalizations and 420 deaths, every year.”

You can’t see, smell, or taste it. Illness from salmonella bacteria is referred to as salmonellosis, which causes symptoms including upset stomach, diarrhea, fever, and pain, and stomach cramps.

It has been estimated that more than 48 million people develop salmonella infections each year worldwide.

Listeria Monocytogenes

Listeriosis is an infection caused by ingesting the bacterium Listeria monocytogenes.

An estimated 1,600 people get listeriosis each year in the U.S., and about 260 dies, according to the CDC. More than 1 million get the illness worldwide.

“Listeria are most likely to sicken people who are pregnant and their newborns, adults aged 65 or older, and people with weakened immune systems” CDC [5.] said. “Other people can be infected with Listeria, but they rarely become seriously ill.”

Symptoms include headache, stiff neck, confusion, loss of balance, convulsions, fever, vomiting, and muscle aches.

Norovirus

Norovirus is an extremely contagious virus that causes symptoms including vomiting and diarrhea.

According to Wikipedia [6.], “Symptoms usually develop 12 to 48 hours after being exposed, and recovery typically occurs within one to three days. Complications are uncommon, but may include dehydration, especially in the young, the old, and those with other health problems.”

The virus spreads easily, as people with the infection can shed more than 1 million norovirus particles at a time.

And only a few virus particles can make other people sick.

Clostridium Botulinum

Clostridium botulinum are rod-shaped bacteria that are found in soil and untreated water throughout the world, according to the U.S. Department of Agriculture (USDA) [7.].

It produces spores that survive in improperly preserved or canned products, where they become contaminated and produce a toxin called Botulism.

“Botulism is a life-threatening disease caused by the ingestion of a potent neurotoxin produced during growth of the C. botulinum bacteria,” USDA said. “This neurotoxin is among the most toxic substances known; even microscopic amounts can cause illness or death. “

Symptoms of botulism include difficulty swallowing, muscle weakness, vomiting, double vision, drooping eyelids, blurry vision, slurred speech, difficulty breathing, and difficulty moving the eyes.

Cyclospora

Cyclosporiasis is an intestinal illness caused by the parasite Cyclospora cayetanensis, according to the U.S. Food and Drug Administration (FDA) [8.]. People can become infected with cyclospora by consuming foods or water contaminated with the parasite.

“People living or traveling in countries where cyclosporiasis is common, including certain tropical or subtropical regions of the world, may be at increased risk for infection,” FDA said. “However, people living in other areas can become infected with Cyclospora by consuming food or water that has been contaminated with the parasite.”

Symptoms include diarrhea, loss of appetite, weight loss, stomach cramps/pain, bloating, increased gas, nausea, and fatigue.

Hepatitis A

Hepatitis

A is an inflammation of the liver caused by the hepatitis A virus (HAV), according to the World Health Organization (WHO) [9.]. The virus is primarily spread when an uninfected person ingests food or water that is contaminated with the feces of an infected person.

the only common foodborne disease preventable by vaccine.

It is 1 of 5 hepatitis viruses that infect the liver.

“Unlike hepatitis B and C, hepatitis A does not cause chronic liver disease but it can cause debilitating symptoms and rarely fulminant hepatitis (acute liver failure), which is often fatal,” WHO said. “WHO estimates that in 2016, 7134 persons died from hepatitis A worldwide (accounting for 0.5% of the mortality due to viral hepatitis).”

Hepatitis A is rare in the U.S., with 30,000 to 50,000 cases occurring each year.

However, in most other countries, poorer sanitation systems lead to easier transmission of the disease, and therefore more cases (up to 1 million cases per year globally, according to the CDC).

Symptoms include fever, malaise, loss of appetite, diarrhea, nausea, abdominal discomfort, dark-colored urine, and jaundice (yellowing of the skin and whites of the eyes).

Food Safety Tips

According to the Pan American Health Organization (PAHO) [10.], the following tips can be used to prevent illnesses and ensure food safety:

• Clean – wash your hands and work surfaces before, during, and after preparing meals.
• Separate – separate raw meat, poultry, seafood, and eggs from ready-to-eat goods.
• Cook – cook meals to the correct prepared internal temperature to kill harmful bacteria.
• Chill – keep your refrigerator 40°F or below.

Food Poisoning Settlements

Some recent major food poisoning payouts include:

• A dozen office workers in Connecticut became violently ill after eating contaminated food from well-known local restaurant employees. The caterer was found to be liable for the illnesses and ordered to pay a settlement of $370,000, or about $30,000 per attendee, according to health officials.
• A Michigan man who became ill and almost died after eating food that was contaminated with E. coli received a $650,000 settlement, according to Fusion Tech [11.]. Among other issues, the man was hospitalized with medical problems including diarrhea, acute renal failure, and hypotension.
• Maple Leaf Foods paid almost $27 million to victims of food poisoning outbreaks, according to the Canadian Broadcasting Company [12.]. The outbreak killed 20 people and sickened thousands more. Anyone who consumed the affected meat products and fell ill was entitled to up to $125,000 in direct compensation. The families of those who died received six-figure payouts.
• Other food poisoning outbreaks resulted in a class-action personal injury lawsuit against ConAgra. This led the company to reach multi-million dollar food poisoning payouts with hundreds of victims who suffered medical problems after eating salmonella tainted peanut butter, according to the U.S. Department of Justice (DOJ) [13.]. Hundreds of Americans were sickened during the mid-2000s.
• A Northern California man who contracted a severe infection after being served contaminated raw oyster meat received a $1 million out-of-court settlement from 5 companies involved in the transport and sale of the raw oysters, according to the Los Angeles Times [14.]. Defendants included Holiday Inns Inc., United Shell Fish Co., Fisherman’s Wharf Seafoods Inc. of San Francisco, California, Pearson Seafood, and Pride Transport Inc.

Theories of Liability in Food Poisoning Class Action Lawsuits

According to Forbes [15.], food poisoning cases typically fall under the category of legal product liability claims, the idea being that you have been sold a defective product that caused you severe pain and suffering or other health effects.

Food can be considered “defective” in a legal sense for the following reasons:

• Food contamination occurred before the product arrived at the restaurant for food poisoning.
• It spoiled faster than it should have because of improper storage or temperature control.
• Insufficient cooking or raw foods might have failed to destroy a commonly found bacterium.

Strict Product Liability

Strict liability law relieves a contaminated food attorney of any burden to show that the manufacturer or supplier of a contaminated product was not sufficiently careful in making or distributing that product.

That’s a big advantage since it means a contaminated food attorney simply has to show that the food product you were eating was contaminated and that the contamination was the cause of your medical injury.

Negligence

Clients may be able to argue that the defendants acted negligently in manufacturing or supplying the contaminated food product that caused the infection.

In order to prove negligence, a contaminated food lawyer would need to show that the defendants were not reasonably careful (that is, that they “failed to exercise reasonable care”) in making or distributing the contaminated food product that made you sick.

If, for example, the restaurant knew that a particular type of tainted lettuce had been recalled but served it anyway, clients may be entitled to compensation for negligence with the help of a contaminated food lawyer.

Breach of Warranty

Most states impose minimum standards on products (known as “implied warranties”).

So, the contamination of a food product could constitute a violation (or “breach”) of those implied warranties.

Additionally, the contamination might form a violation of any express guarantees supplied by the food processor.

How to Sue a Restaurant

When you buy groceries or go out to eat at a restaurant, you expect delicious food and a good time; you do not expect to get sick from a foodborne illness.

To win a food poisoning lawsuit, a food poisoning attorney near me must prove that a specific food or restaurant caused a personal injury with sensitive or confidential information.

If your illness required you to be hospitalized or you were exposed to a particularly dangerous contaminant due to improper food handling, and your condition lasted for more than a few days, it is important to seek consultation from an experienced food poisoning attorney near me.

Call Schmidt & Clark, LLP, today at (866) 588-0600 or fill out the form below if you got sick and believe that contaminated food may be to blame.

Contacting a Food Poisoning Lawyer Near Me

If you or a loved one has suffered from a food poisoning or related illness, call the contaminated food attorneys at Schmidt & Clark, LLP, today for a free evaluation — you may be eligible for financial compensation for your pain and suffering and we can help you file a claim.

It is important to understand that not every food safety lawyer is the same.

Our food poisoning attorneys are passionate about fighting for the rights of victims and obtaining the justice and compensation they deserve.

Establishing the Attorney-Client Relationship

The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance. If the client reasonably believes that there is an attorney-client relationship, then the lawyer has professional obligations to that client. Further, lawyers also have certain professional obligations to non-clients, including former clients and prospective clients who ultimately do not retain the lawyer. Therefore, it is essential that both attorney and client understand whether the attorney-client relationship exists.

Do I Need a Food Poisoning Lawyer?

The Food Poisoning Litigation Group at our law firm is an experienced food poisoning trial attorneys that focus on the representation of plaintiffs in food poisoning cases. We are handling individual personal injury cases nationwide and currently offering a free consultation to potential clients in food poisoning cases in all 50 states.

If you or another person you know has experienced symptoms of food poisoning, please contact our contaminated food lawyers immediately with your name/phone for a free consultation. You may be entitled to compensation for lost wages by filing a food poisoning lawsuit and our experienced food poisoning attorneys can help. Phone a Food Poisoning Lawyer near me now toll-free at (866) 588-0600 or fill out the contact form below to get your free legal advice from a food safety attorney.

References:
1. https://www.cdc.gov/foodsafety/symptoms.html
2. https://www.hopkinsmedicine.org/health/conditions-and-diseases/food-poisoning
3. https://my.clevelandclinic.org/health/diseases/16638-e-coli-infection
4. https://www.medicalnewstoday.com/articles/160942#what-is-salmonella
5. https://www.cdc.gov/listeria/faq.html
6. https://en.wikipedia.org/wiki/Norovirus
7. https://www.fsis.usda.gov/food-safety/foodborne-illness-and-disease/pathogens/clostridium-botulinum
8. https://www.fda.gov/food/foodborne-pathogens/cyclospora
9. https://www.who.int/news-room/fact-sheets/detail/hepatitis-a
10. https://www.paho.org/en/health-emergencies/who-golden-rules-safe-food-preparation
11. https://ftiinc.org/help-prevent-e-coli/
12. https://www.cbc.ca/news/canada/maple-leaf-settles-class-action-listeriosis-lawsuits-for-27m-1.696972
13. https://www.justice.gov/opa/pr/conagra-subsidiary-agrees-enter-guilty-plea-connection-2006-through-2007-outbreak-salmonella#:~:text=ConAgra%20Grocery%20Products%20LLC%2C%20a,Department%20of%20Justice%20announced%20today
14. https://www.latimes.com/archives/la-xpm-1993-04-01-fo-17458-story.html
15. https://www.forbes.com/advisor/legal/personal-injury/can-you-sue-food-poisoning/