Ed Cara
Things are heating up for McDonald’s in the wake of a recent Escherichia coli outbreak traced to its Quarter Pounders. This week, Colorado resident Eric Stelly became the first person to sue the chain over the rash of food poisonings, alleging that he became sick with gastrointestinal illness just two days after eating there in early October; he subsequently tested positive for the foodborne germ.
The U.S. Centers for Disease Control and Prevention first reported the E. coli outbreak Tuesday, which appears to have sickened at least 49 people, hospitalized ten, and killed one so far across ten states. Most victims had previously eaten Quarter Pounders, though it’s still possible the actual source of contamination comes from the fresh slivered onions exclusively used on the burgers. On Wednesday, Stelly’s lawyers at Ron Simon and Associates filed a lawsuit against McDonald’s in Cook County, Illinois, where the chain’s headquarters are located.
According to the complaint, Stelly ate at McDonald’s on October 4 (the CDC notes the outbreak likely first started in late September). Two days later, he began feeling ill with nausea, stomach cramps, nausea, dehydration, and bloody stools, the latter often being a sign of some types of E. coli infection. By October 8, he became so sick that he sought care at an emergency room, where a stool sample was collected by his doctor for testing. Days later, officials at the Weld County Department of Public Health notified Stelly that he tested positive for E. coli. He is reportedly still recovering from his illness.
While most cases of E. coli are nothing more than unpleasant, the strain implicated in this outbreak—O157:H7—is known for producing toxins that can raise the risk of severe, life-threatening complications, especially hemolytic–uremic syndrome (HUS). This condition damages people’s blood vessels, which can then cause widespread organ damage, particularly to the kidneys. At least one person in the current outbreak has developed HUS, though this is not the same person who died after contracting the infection. More vulnerable populations, such as very young children or those with weakened immune systems, are at higher risk for severe illness from E. coli and other foodborne germs.
Foodborne outbreaks tend to be much larger than reported, since only a small percentage of people become sick enough to seek outside medical attention. But it’s likely that Stelly will not be the only legal repercussion for McDonald’s. The law firm representing Stelly claims to be representing ten other plaintiffs harmed by eating there, and has since created a website for other potential litigants to contact it.
“The McDonald’s E. coli Outbreak will be one of the most significant food poisoning outbreaks this year. Through this lawsuit and others, we will make sure that all of the victims are fully compensated for their losses, that their voices are heard, and that McDonald’s and its suppliers permanently fix the health violations that caused the food to become contaminated with E. coli,” said lawyer Ron Simon in a statement from the firm.
For its part, McDonald’s claims that the slivered onions potentially behind the outbreak were sourced by a single supplier serving three distribution centers. The company has reportedly paused all distribution of the onions to the affected areas and has instructed all local restaurants to remove the product from their supply; it has also temporarily stopped serving Quarter Pounders in the states where cases have been identified.