Subway Food Poisoning Lawsuit Filed As Salmonella Outbreak Nears 100

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Published: June 23rd, 2010

A woman who was one of the nearly 100 people allegedly sickened at Subway restaurants in Illinois over the past few months, has filed a salmonella food poisoning lawsuit against the restaurant chain for negligence. 

The complaint was filed on Monday by Alicea Bush-Bailey in Circuit Court in Illinois against the Subway restaurant on North Lake Street in Aurora, Illinois, and Doctor’s Associates, Inc., the Subway’s parent company. Bush-Bailey was one of at least 97 people who were diagnosed with salmonella poisoning after eating at the Subway between May 5 and June 4, according to the Marler Clark law firm, which is representing Bush-Bailey.

According to the lawsuit, Bush-Bailey bought a sandwich at the Subway for lunch on May 12, and by that night she was so ill that she went to the emergency room at Adventist Bollingbrook Hospital. She was treated for severe dehydration, abdominal pain and nausea, and had to take several days off from work to recover.

The salmonella outbreak appears to be tied to Subways across Illinois, affecting restaurants in 28 counties. Subway threw out produce in use during the outbreak, but no specific source of the salmonella outbreak has been identified. The Illinois Department of Public Health is requiring 46 employees at the restaurants to pass two stool tests looking for salmonella before they are allowed to return to work.

Bush-Bailey is suing the restaurant chain for negligence, strict liability and breach of warranty. The lawsuit seeks an unspecified amount of compensation for economic loss and physical injury.

This is the second food poisoning outbreak tied to Subway restaurants in Illinois this year. In March, at least 78 people fell ill and another 11 were hospitalized during a shigellosis outbreak linked to a Chicago-area Subway.

Salmonella is a type of bacteria that attacks the gastrointestinal tract, causing mild to severe food poisoning. For most healthy adults, symptoms of food poisoning from salmonella typically resolve after a few days or weeks. However, young children, the elderly, and individuals with compromised immune systems have an increased risk of suffering severe food poisoning after ingesting the bacteria. If not properly treated, some cases of salmonella poisoning can lead to hospitalization, dehydration or death.

Symptoms of salmonella poisoning include severe abdominal cramps, vomiting, nausea, bloody diarrhea and fever, which usually begin to appear within 12 to 72 hours after consuming contaminated food.

There Are 7 Comments So Far • (Add Your Comments)

  1. Comment by Lola on 24 June 2010:

    GAH!
    This is exactly what happened to me.
    I hope she sues Subaway’s pants off.

  2. Comment by Linda on 11 July 2010:

    Do not eat at any Subway, you can become deathly i’ll such as i am right now and have been for a week.

  3. Comment by Robert on 14 July 2010:

    I used to enjoy getting sandwiches fro Subway, albeit the portions were a little small. However during the month of Juune 2010 on two seperate visits I became ill, vomiting, and diarhea. One visit I had gotton a meatball sub, and the other an italian sub. I don’t know if the food was contaminated, or had just sat out too long. I do know most of the Subways in South Jersey or owned or operated by Indians (Hindus). Their dietary customs, and questionable business practices preclude them any first-hand knowledge of the quality or freshness of most cold-cuts. And their sharp business practices and worship of “the bottom line” probably would prevent them from discarding any questionable, or out-of-code food products. I beliive the local Health Departments should ensure all Health Codes are strictly enforced!!!!!

  4. Comment by Susann on 5 September 2010:

    My daughter has been sick for 4 days so far from symptoms related to food poisoning. She goes to school in Charleston Ilinois and had Subway twice last week. I wonder if she could have gotten food poisoning from there. She’s been to the doctor twice and had numerous blood and urine testing. No doctor tested her stool for salmonella though and they should have. She is on the mend.

  5. Comment by Debra on 18 January 2011:

    This is just terrible! My 20-year old son and two friends (all attend the same local college) stopped at a Subway before working on a project together on 1/17/11 at approx 8PM located at Wolf and Kensington in Mt. Prospect, Illinois. All 3 young men have been suffering for approx 24 hrs now with the exact same symptoms including diarhea, stomach cramps and nausea. Subway must be held accountable!

  6. Comment by martha on 16 March 2011:

    starcrest and jones maltsberger subway no safe controll food i wasreally seek 2 days on bed

    vomoting diarhea and stomach ache the meatball sanwich with marinara and chesse poison for methe people

  7. Comment by blazz on 10 January 2012:

    I used to love subway, until i had severe food poisoning from a meatball sub. I hate that place now.

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