Taco John's E. coli Lawsuit FAQ

Question: Do I need to have leftovers from Taco John's?

No, you do not need to have leftovers to file a lawsuit against Taco John's. As part of this E. coli outbreak investigation, health officials have taken stool samples of victims. Tests on the stool samples provide a genetic fingerprint of the strain of E. coli that has made the victims of the outbreak sick. Each E. coli outbreak has its own unique strain of E. coli bacteria. If the E. coli bacteria that made you sick has the outbreak’s genetic fingerprints, your case is confirmed as part of the outbreak.

Question: Do I need to make sure my stool sample is tested?

Yes, your stool sample should be tested for E. coli. The E. coli found in the stool should have genetic testing done on it too. These are two different tests. The second is necessary to confirm that the E. coli that made you sick is the outbreak E. coli strain. You should contact one of our E. coli lawyers for assistance. We have experience with genetic testing procedures.

Question: What if health officials don’t find the food responsible for the outbreak at Taco John's?

While it is always best if contaminated food can be found at the restaurant, it is not necessary. The liability of the restaurant can be proven through epidemiology and microbiological tests of outbreak victims if the outbreak has been already linked to the restaurant by public health officials.

Question: Is Taco John's the only company involved?

No, Taco John's International (the franchisor of Taco John's restaurants involved), the individual franchisees of the Taco John's restaurants involved (to date, Cedar Falls, Iowa, and Albert Lea, Minnesota), Roma Foods (the main supplier to the Taco John's restaurants), and others may be involved. E. coli contamination could have happened at a meat processing plant, at a farm or anywhere before the food reached your plate.

Genetic testing has not linked the strain of E. coli that sickened the people in Iowa with the strain that sickened the people in Minnesota. The results of these tests will determine who may be held liable for the illnesses.

Question: Is Taco John's liable if the E. coli contamination is traced to a supplier or another party?

Yes, restaurants are liable for any injuries resulting from consumption of food served by the restaurant. Anyone who contracts food poisoning at a restaurant is entitled to damages from the restaurant. If the restaurant then wants to pursue a distributor or other party, that is up to the restaurant.

For most food poisoning cases, it is best to sue every party possible to make sure that the victims are compensated. If one of the parties goes bankrupt or exhausts its insurance coverage, there will still be another liable party from which a victim may collect damages.

Question: What damages can I ask for in a Taco John's E. coli lawsuit?

In a food poisoning lawsuit, you can usually ask for medical expenses, lost income, pain and suffering and emotional distress. With the assistance of Pritzker | Ruohonen, the spouse of a food poisoning victim sued for loss of comfort and companionship as a result of her spouse’s emotional and psychological injuries. If someone dies from food poisoning, some states do not allow claims for pain and suffering and emotional distress. In those states, it may still be possible to obtain significant compensation for loss of comfort and companionship.

E. coli lawyer Fred Pritzker has gained a national reputation for excellence in the area of food poisoning litigation. He and his team at Pritzker | Ruohonen have recovered millions for food poisoning victims, including a recent $6,425,000 settlement. To contact Fred Pritzker for a free consultation, please call toll-free at 1-888-377-8900 or use the online-consultation form. Fred Pritzker represents food poisoning victims throughout the United States. His offices are located in Minneapolis, Minnesota.

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