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Personal Injury and Wrongful Death

E. coli Lawsuits

Pritzker Olsen law firm has recovered millions for E. coli poisoning victims. We have successfully represented people who developed E. coli-HUS.

Contact our E. coli attorneys for a free consultation >>>

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E. coli Lawsuits Invoving
State Health Department and/or CDC Confirmation

For E. coli lawsuit purposes, it is valuable to have a state health department and/or the CDC determine that a person with an E. coli infection is part of a foodborne outbreak.  This can be used as evidence in court that:

  • The person with the E. coli infection was a victim of the foodborne outbreak
  • The restaurant, food processor and/or other party linked to the outbreak is liable for the victim’s damages

Victims of E. coli outbreaks should consult an experienced E. coli lawsuit lawyer regarding an E. coli lawsuit's strength and the amount of damages that should be sought.

E. coli Lawsuits:
Microbiological and Epidemiological Evidence

To determine who is part of an E. coli outbreak and the source of an outbreak, health officials use both microbiology and epidemiology. The microbiological and epidemiological evidence gathered by a health department or the CDC can be used in an E. coli lawsuit against the parties responsible for the contamination of the food product and the sale and distributio of the contaminated product.

The microbiology is a series of tests on samples of E. coli taken from the stools of people sickened and suspected food and other environmental samples.

Initial tests determine if the bacteria is E. coli O157:H7. If so, additional tests are done to determine the DNA fingerprints of all of the E. coli samples. If the E. coli from two or more people has the same DNA fingerprint, there is an E. coli outbreak. Everyone whose E. coli matches that DNA fingerprint is part of the outbreak. If E. coli found in food or an environmental sample matches the DNA fingerprint, that is evidence of the source of the outbreak.

Bacteria with the same “DNA fingerprint” are likely to come from the same source.

The epidemiology used involves primarily interviews with ill people and their families. Health officials ask where the sick person has been, what he or she ate and other questions that will point to a source of the outbreak.

Timeline for Determining Victims of an E. coli Outbreak

A series of events occurs between the time a patient is infected and the time public health officials can determine that the patient is part of an outbreak. This means that there will be a delay between the start of illness and confirmation that a patient is part of an outbreak.

The timeline is as follows:

  1. Incubation time: The time from eating the contaminated food to the beginning of symptoms. For E. coli O157, this is typically 3-4 days.
  2. Time to treatment: The time from the first symptom until the person seeks medical care, when a diarrhea sample is collected for laboratory testing. This time lag may be 1-5 days.
  3. Time to diagnosis: The time from when a person gives a sample to when E. coli O157 is obtained from it in a laboratory. This may be 1-3 days from the time the sample is received in the laboratory.  [If you go to the doctor with E. coli symptoms, you will need to ask the doctor to test your stool sample for E. coli.  You should also discuss the need for a separate test to discover the genetic fingerprint of any E. coli found in your stool.  Contact E. coli lawsuit attorneys at Pritzker | Olsen, P.A. for more information.]  
  4. Sample shipping time: The time required to ship the E. coli O157 bacteria from the laboratory to the state public health authorities that will perform “DNA fingerprinting”. This may take 0-7 days depending on transportation arrangements within a state and the distance between the clinical laboratory and public health department.
  5. Time to “DNA fingerprinting”: The time required for the state public health authorities to perform “DNA fingerprinting” on the E. coli O157 and compare it with the outbreak pattern. Ideally this can be accomplished in 1 day. However, many public health laboratories have limited staff and space, and experience multiple emergencies at the same time. Thus, the process may take 1-4 days.

The time from the beginning of the patient’s illness to the confirmation that he or she was part of an outbreak is typically about 2-3 weeks. Case counts in the midst of an outbreak investigation must be interpreted within this context.

Free Consultation about an E. coli Lawsuit

If you have been diagnosed with E. coli and are or may be a victim of a foodborne outbreak, contact an E. coli lawyer at PritzkerOlsen, P.A. for a free consultation regarding your legal rights and remedies.  You may be entitled to compensation for medical expenses, lost income, pain and suffering, emotional distress and other damages.

Our E. coli lawyers have been interviewed by CBS, CNN, FOX, The New York Times, The Wall Street Journal, Lawyers USA and others. Attorney Fred Pritzker is listed in the current edition of The Best Lawyers in America.  To contact Pritzker Olsen law firm, call toll-free at 1-888-377-8900 or use the firm's online-consultation form.

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