McDonald’s Food Poisoning Lawsuits Filed Over E. Coli Contaminated Quarter Pounders

Days after federal regulators announced an E. coli outbreak among McDonald’s customers who ate Quarter Pounder hamburgers, the first food poisoning lawsuits have been filed.

As federal health officials continue to identify additional people sickened as part of an E. coli outbreak linked to McDonald’s Quarter Pounder hamburgers, which has now impacted at least 75 people in 13 different states, customers are already pursuing food poisoning lawsuits against the fast food chain.

The McDonald’s Quarter Pounder E. coli outbreak was first announced by the U.S. Centers for Disease Control and Prevention (CDC) on October 22, leading to a nationwide health investigation to determine the cause of the food poisoning and how many people may have been impacted.

In a CDC update issued late last week, the agency indicated that another 26 E.coli illnesses appear to be linked to the outbreak, including at least 22 customers who were hospitalized and one death.

E. Coli is a foodborne bacteria that can cause severe vomiting, dehydration and diarrhea, typically lasting for several days. However, in more severe cases, E. coli food poisoning can cause hemolytic uremic syndrome (HUS), which can lead to kidney failure and fatal injuries.

While the size and scope of the McDonald’s food poisoning outbreak is still expanding, former customers sickened by the Quarter Pounder hamburgers filed the first lawsuits late last week, seeking financial compensation for illnesses that could have been avoided.

McDonald’s E. Coli Lawsuits Are Being Filed

In one complaint (PDF) filed on October 24, Clarissa DeBock of Nebraska indicates that she was sickened with E. coli symptoms after eating at a local McDonald’s on September 18. After several days of worsening symptoms, DeBock says that she was forced to go to the emergency room and seek medical attention, where she tested positive for E. coli.

In a similar complaint (PDF) filed against McDonalds on October 23, Eric Stelly indicates that he ate at his local McDonald’s on October 4, and began to develop symptoms of E. coli within just two days.

After testing positive for E. coli, Stelly’s stool sample was forwarded to the county health department, which confirmed his illness was part of the McDonald’s E. coli outbreak.

“Defendant’s conduct was a direct, proximate, and producing cause of Plaintiff’s injuries and damages, including but not limited to damages in the past and future for the following: pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of enjoyment of life, medical and pharmaceutical expenses, travel and travel-related expenses, emotional distress, lost wages, lost earning capacity, loss of consortium, attorneys’ fees (to the extent recoverable) and other general, special, ordinary, incidental and consequential damages as would be anticipated to arise under the circumstances,” Stelly said in his complaint.

Both Stelly and DeBock are asking for past and future economic and non-economic damages, including reimbursement for medical expenses, as well as compensation for pain and suffering caused by the McDonald’s food poisoning.

McDonald’s Food Poisoning Source Still Unconfirmed

Although there have been at least 75 confirmed illnesses in 13 different states linked to the McDonald’s E. coli outbreak, the source of the contamination has not yet been confirmed.

McDonald’s suspects that the E. coli outbreak may be tied to either the quarter pound beef patties used in their Quarter Pounder hamburgers or the fresh slivered onions that are typically added to these sandwiches. As a precaution, the company has stopped serving these sandwiches in regions where illnesses have been reported.

As of October 25, CDC reports that most of the illnesses have been isolated to the western United States, with 26 occurring in Colorado, 13 in Montana and 11 in Nebraska. Illnesses have also been reported in Iowa, Kansas, Michigan, Missouri, New Mexico, Oregon, Utah, Washington, Wisconsin and Wyoming. However, the exact number of people who have been sickened may not be known, since many people recover from E. coli without seeking medical treatment.

CDC says that those who believe they have been infected with E. coli should contact their healthcare provider and tell them what they have eaten. They can also contact their state’s health department with additional questions.