Following the outbreak of E. coli linked to McDonald’s Quarter Pounders in the United States, the fast food giant is facing its first lawsuit related to the incident, alleging negligence in food safety practices.
On Wednesday, Texas-based food safety law firm Ron Simon and Associates announced the filing of the first McDonald’s E. coli lawsuit on behalf of Colorado resident Eric Stelly. The lawsuit was filed in Cook County, Ill.
The case comes days after the US Centers for Disease Control and Prevention (CDC) said the outbreak of E. coli linked to McDonald’s Quarter Pounder burgers killed one person and sickened nearly 50 others, in ten states.
The CDC on Wednesday also said the actual number of people affected is likely much higher, and expects to see more cases.
Initial findings from the investigation indicate that the outbreak may be linked to salvaged onions used in the Quarter Pounder, McDonald’s said in a statement Tuesday.
McDonald’s has removed the Quarter Pounder from its menu at McDonald’s locations in Colorado, Kansas, Utah and Wyoming, and in parts of Idaho, Iowa, Missouri, Montana, Nebraska, Nevada, New Mexico and Oklahoma.
The lawsuit alleges that on October 4, Stelly purchased and ate a meal at a McDonald’s in Breely, Colo. Two days later, he began to experience gastrointestinal symptoms such as nausea, cramps, nausea and dehydration, and bloody stools. .
Infection with E. coli is caused by E. coli, can be spread by contact with infected people, animals or contaminated surfaces, food or liquids, according to Health Canada. Bacteria can produce toxins that cause symptoms such as stomach cramps, bloody diarrhea, vomiting and, in severe cases, kidney failure.
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On October 8, the lawsuit said, Stelly sought medical attention at a local hospital, where doctors took a culture of the food. It was found to be positive for E. coli.
His doctor also referred him to specialists at the Centers for Gastroenterology to determine the extent of his illness. A few days later, the Weld County Public Health Department contacted Stelly about his diagnosis of E. coli. The health department has confirmed that Stelly is sick as a result of the McDonald’s E. coli outbreak, the lawsuit said.
Stelly is still recovering from the poisoning, it added.
The lawsuit alleges that McDonald’s is responsible for manufacturing, distributing and marketing “defective and unreasonably dangerous products and introducing them into the field of commerce.”
Stelly is seeking US$50,000 in damages.
“The McDonald’s E. coli outbreak will be one of the most significant food poisoning incidents this year,” said Ron Simon, the attorney representing Stelly and at least 10 other people in the outbreak.
“In this case and others, we will ensure that all victims receive full compensation for their losses, that their voices are heard, and that McDonald’s and its suppliers permanently correct the health violations that caused the food to be contaminated with E. coli,” he said at a press conference on Wednesday.
In response to the outbreak, McDonald’s said it has taken steps to remove salvaged onions, which are used in Quarter Pounders at restaurants in certain states.
“It’s important to note that many menu items are untouched. “Other beef products at McDonald’s including the cheeseburger, hamburger, Big Mac, McDouble, and Double Cheeseburger are not affected,” McDonald’s Americas president Joe Erlinger said in a video statement Tuesday.
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