Fast-food chain McDonald’s is facing a lawsuit from a Colorado man after the individual consumed food contaminated with E. coli bacteria and became ill, with the complaint coming amid an outbreak of the pathogen associated with the company’s food items.
The plaintiff had consumed food from a McDonald’s outlet in Greeley, Colorado, on Oct 4, the complaint states. A couple of days later, on Oct. 6, he became ill and sought medical attention. The doctors collected a stool culture of the patient, an analysis of which tested the plaintiff positive for E. coli O157:H7, the same variant linked to the CDC-declared outbreak, the document states.
The individual’s stool sample was forwarded to the county health department, and he was questioned about his food consumption. Health investigators “confirmed that Plaintiff was part of the McDonald’s E. coli outbreak,” the lawsuit noted.
The individual sued McDonald’s on three counts related to negligence and selling products without ensuring safety.
McDonald’s manufactured and distributed the products negligently; failed to properly test the products before putting them up for sale; did not adequately monitor the sanitary conditions of its premises; failed to prevent human, insect, and/or animal feces from coming into contact with products; and did not take reasonable measures to prevent transmission of E. coli, the complaint alleged.
“At all times, Defendant was in the business of importing, manufacturing, distributing, and marketing food, including onions, beef, and Quarter Pounders,” the lawsuit said.
“There was a manufacturing defect in the products when they left Defendant’s possession and control. The products were defective because they contained E. coli. The presence of E. coli was a condition of the products that rendered them unreasonably dangerous.”
The lawsuit argued that all dangers associated with the products were “reasonably foreseeable and/or scientifically discoverable” by McDonald’s at the time the company placed the products for sale.
The company “breached the implied warranty of merchantability,” the complaint states.
McDonald’s actions resulted in the plaintiff suffering injuries, the lawsuit said while seeking compensation in excess of $50,000.
E. Coli Outbreak
In an Oct. 22 statement, McDonald’s North America chief supply chain officer Cesar Pina said the company was taking “swift and decisive action” following the outbreak, pulling out Quarter Pounder from restaurants in the impacted areas.“We take food safety extremely seriously, and it’s the right thing to do,” he said. “We will continue to work with the [CDC].”
The specific food item that is contaminated is yet to be identified, the agency said while noting that McDonald’s has already stopped using “fresh slivered onions and quarter pound beef patties” in several states.
“McDonald’s stores in Colorado, Kansas, Utah, Wyoming, and portions of Idaho, Iowa, Missouri, Montana, Nebraska, Nevada, New Mexico, and Oklahoma have temporarily stopped using Quarter Pounder slivered onions and beef patties,” the agency said.
“Quarter pound beef patties are only used on Quarter Pounders. Fresh slivered onions are primarily used on Quarter Pounder hamburgers and not other menu items. Investigators are working to confirm which ingredient in these hamburgers is making people sick and if it went to other restaurants or stores.”
However, some can make people sick, including six kinds that can cause diarrhea. One of these six variants is the Shiga toxin-producing E. coli (STEC). The E. coli linked to the McDonald’s outbreak, E. coli O157:H7, is a STEC.
Signs that an individual infected with STEC may develop HUS include urinating less often or not at all, having blood in the urine, losing pink color in the cheeks, and feeling very tired or irritable. “Seek medical care immediately if you notice signs of HUS,” the CDC advises.
