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If you or a loved one experienced E. coli infection or other food poisoning symptoms following consumption of Nestlé Toll House cookie dough products, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to contaminated food products.
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.
Table Of Contents
- Nestlé Toll House Cookie Dough Lawsuit Overview
- Latest Nestlé Toll House Cookie Dough Lawsuit Updates
- FDA Reports and Statistics
- E. coli Infection Symptoms & Side Effects
- Do You Qualify for a Nestlé Toll House Cookie Dough Lawsuit?
- Statute of Limitations for Nestlé Toll House Cookie Dough Lawsuits
- FAQs
- 1. Has Nestlé Toll House Cookie Dough been recalled due to safety concerns?
- 2. What evidence is needed to support a lawsuit related to contaminated Nestlé Toll House Cookie Dough?
- 3. What compensation can I seek in a lawsuit involving contaminated cookie dough?
- 4. How can I prove that my illness was caused by Nestlé Toll House Cookie Dough?
- 5. How long does E. coli infection last after eating contaminated cookie dough?
- 6. Can I file a claim if a family member died from E. coli after eating Nestlé cookie dough?
- 7. Is it safe to eat Nestlé Toll House cookie dough now?
- Take Action Now: Time-Sensitive Legal Claims
- References
The Nestlé Toll House cookie dough lawsuits stem from products contaminated with E. coli O157:H7, a dangerous bacterium that causes severe foodborne illness.
Primary allegations against Nestlé include inadequate food safety protocols and failure to prevent bacterial contamination in their refrigerated cookie dough products.
The outbreak affected at least 69 persons across 29 states who reported becoming ill after consuming the contaminated dough.
The FDA and CDC issued a public health warning advising consumers not to eat Nestlé Toll House cookie dough products after confirming E. coli contamination in samples collected from Nestlé’s facility in Danville, Virginia.
November 4, 2019 – Nestlé USA is recalling its pre-made, refrigerated Toll House Cookie Dough bars, tubs, and tube-shaped “chubs” after “food-grade pieces of rubber” were found in some of the products, according to the FDA [1].
The recall also includes M&M’s branded cookie dough. All affected products have batch codes between 9189 through 9295, FDA said. The products were sold throughout the U.S. and Puerto Rico, and were produced between July and October, 2019.
June 29, 2009 – FDA confirmed the presence of E. coli O157:H7 in a sample of prepackaged Nestlé Toll House cookie dough collected at Nestlé’s Danville, Virginia facility, validating the link between the products and reported illnesses [2].
June 19, 2009 – FDA and CDC issued a public health announcement warning consumers not to eat Nestlé Toll House cookie dough products after receiving reports of 69 people in 29 states becoming ill with E. coli O157:H7 after consuming the products [3].
FDA Reports and Statistics
According to FDA and CDC investigations regarding the Nestlé Toll House cookie dough E. coli outbreak:
- 69 confirmed cases of E. coli O157:H7 infection across 29 states were linked to the consumption of raw cookie dough
- 34 patients (49%) required hospitalization due to the severity of their symptoms
- 7 patients (10%) developed Hemolytic Uremic Syndrome (HUS), a serious condition that can lead to kidney failure
- No deaths were reported in connection with this outbreak
- The majority of affected individuals were female (66%) and under 19 years of age (71%)
- The FDA conducted extensive testing that confirmed the presence of E. coli O157:H7 in samples from Nestlé’s production facility
E. coli Infection Symptoms & Side Effects
E. coli O157:H7 contamination in Nestlé Toll House cookie dough can cause a range of symptoms that typically appear 1-8 days after consumption of the contaminated product.
- Gastrointestinal Distress: Severe abdominal cramping, diarrhea (often bloody), and vomiting with little or no fever
- Hemolytic Uremic Syndrome (HUS): A life-threatening condition affecting approximately 5-10% of infected individuals, particularly children and the elderly, characterized by destruction of red blood cells, acute kidney failure, and low platelet count
- Neurological Complications: Seizures, stroke, and coma can occur in severe cases, especially when HUS develops
- Long-term Effects: Permanent kidney damage, high blood pressure, and neurological problems can persist after recovery from the acute infection
The Dangers of E. Coli
E. coli O157:H7 is a bacterium that can cause serious foodborne illness in a person who eats a food item contaminated with it. Symptoms of E. coli O157:H7 infection include severe and often bloody diarrhea, abdominal pain and vomiting. Usually, little or no fever is present.
Onset of illness can occur anytime between one to eight days after eating a contaminated food product. Most healthy adults recover within a week.
Young children and the elderly are at higher risk for developing Hemolytic Uremic Syndrome (HUS) as a result of the infection. HUS can lead to serious kidney damage and death.
You may qualify for a Nestlé Toll House cookie dough lawsuit if:
- You or a loved one consumed Nestlé Toll House refrigerated cookie dough products prior to or during the recall period in 2009
- You experienced E. coli symptoms including severe abdominal pain, bloody diarrhea, or vomiting within 1-8 days after consumption
- You received medical diagnosis or treatment for E. coli infection or related complications like HUS
- You can provide documentation linking your illness to the consumption of Nestlé Toll House cookie dough products
- Your illness required medical treatment or hospitalization
- You suffered long-term health consequences such as kidney damage as a result of the infection
- Medical records confirming diagnosis of E. coli infection or related complications
- Proof of purchase of Nestlé Toll House cookie dough products (receipts, packaging)
- Documentation of medical treatment received for the food poisoning
- Timeline of consumption and onset of symptoms
- Laboratory test results confirming E. coli infection if available
Damages You Can Recover
- Medical expenses for treatment of E. coli infection and related complications
- Lost wages due to time off work during illness and recovery
- Pain and suffering related to the physical discomfort and emotional distress
- Long-term medical costs for ongoing treatment of complications like kidney damage
- Punitive damages in cases where extreme negligence can be proven
Related articles:
- Chewy Chips Ahoy Cookies Recall Suit
- Newman-O’s Peanut Butter Sandwich Poisoning Suit
- Nestlé Pepperoni Hot Pockets Recall Lawsuit
The statute of limitations for filing a food contamination lawsuit varies by state but typically ranges from 1-3 years from the date of illness.
Some states apply the “discovery rule,” which means the clock starts when you discovered or reasonably should have discovered that your illness was caused by the contaminated product.
Since the primary outbreak and recall occurred in 2009, most filing deadlines have passed for those cases. However, if you’ve been affected by a more recent contamination incident, you should consult with an attorney immediately to determine if you still have a valid claim within the statute of limitations.
FAQs
Yes, there have been instances where Nestlé Toll House Cookie Dough has been recalled due to safety concerns, such as contamination with E. coli or other harmful bacteria. These recalls are typically issued to prevent further consumer harm.
To support a lawsuit, you will need evidence such as the packaging of the cookie dough, proof of purchase, medical records documenting your illness, and possibly laboratory tests confirming the presence of contamination in the product.
Compensation in a lawsuit involving contaminated cookie dough may include medical expenses, lost wages, pain and suffering, and possibly punitive damages if gross negligence by the manufacturer is proven.
Proving that your illness was caused by Nestlé Toll House Cookie Dough may require evidence such as medical records, a doctor’s diagnosis linking your symptoms to the product, and laboratory tests showing contamination in the dough.
Most healthy adults recover from E. coli infection within 5-7 days. However, young children and elderly individuals may experience more severe symptoms and longer recovery periods, sometimes developing complications like HUS that can lead to long-term health issues.
Yes, if a family member died from E. coli infection after consuming contaminated Nestlé cookie dough, you may be able to file a wrongful death lawsuit seeking compensation for medical expenses, funeral costs, loss of financial support, and emotional suffering.
Following the 2009 outbreak, Nestlé reformulated their cookie dough products to make them safer. However, the FDA and CDC always recommend against consuming any raw cookie dough due to the risk of bacterial contamination from ingredients like flour, regardless of brand.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action related to food contamination cases. Most states only allow 1-3 years from the date of injury to file a claim.
If you’ve been affected by contaminated Nestlé Toll House cookie dough or similar products more recently, you should act quickly to ensure your claim is filed within the applicable statute of limitations in your state.
Schmidt & Clark offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or attorney fees
- Payment only if we win your case
- Nationwide representation with attorneys experienced in foodborne illness litigation
If you or a loved one was diagnosed with a food poisoning illness after eating Nestlé Toll House cookie dough products, you should contact us immediately. You may be entitled to compensation for your injuries by filing a suit and we can help.
References
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/nestle-usa-announces-voluntary-recall-ready-bake-refrigerated-cookie-dough-products-due-potential
- https://archive.cdc.gov/www_cdc_gov/ecoli/2009/cookie-dough-6-30-2009.html
- http://ecdc.europa.eu/sites/default/files/media/en/healthtopics/food_and_waterborne_disease/toolkit/Documents/FDA-2009-warning-cookie-dough.pdf