An E. coli O157:H7 outbreak associated with ground beef has sickened 3 people and may have killed a seven-year-old girl in Cleveland, Ohio. People in Illinois and Pennsylvania were also sickened in this outbreak.

According to the Ohio Department of Health, the three people sickened in Cleveland were a 3-year-old girl, a 24-year-old man and a 71-year-old man. Two were hospitalized. Health officials did not reveal the name of the girl who died or whether she had developed hemolytic uremic syndrome (HUS), a deadly complication of E. coli poisoning.

An E. coli death lawsuit is brought against the person or company responsible for the E. coli contamination that caused the wrongful death.

• E. coli cases involve strict liability.  This means that a person or company will have to compensate the families of those killed in an E. coli foodborne outbreak if 1) the food was adulterated (by law E. coli is an adulterant) and 2) the contamination caused the death.  It is not necessary to prove that anyone was negligent or intended to contaminate the food.
• A person or company can be liable even if the contamination did not happen when the food was under their control.  For example, a restaurant is strictly liable for food they prepare.  If an E. coli outbreak is linked to a restaurant, the restaurant is liable, even if health officials determine that the contamination happened on a farm field not owned by the restaurant.  We have handled numerous cases like this.
• As suggested above, multiple parties may be liable for an E. coli wrongful death.  Parties liable for a foodborne E. coli wrongful death may include anybody who handled the food from farm to fork:
• Owner and/or lessee of a farm or cattle ranch
• Food processor
• Food distributor
• Food service company
• Restaurant or other eating establishment
• Homeowner (homeowner’s insurance
• It is generally best for the family of the decedent if multiple parties are liable because there are more opportunities for obtaining compensation.

If you have been sickened by E. coli or lost a loved one to E. coli, please contact our law firm for a free consultation with an attorney by calling 1-888-377-8900 (toll free) or completing our free case consultation form.

Labels: E coli lawyer, valley meats