First lawsuit filed against McDonald’s over E. coli outbreak

(CNN) – A Colorado man has filed the first lawsuit against McDonald’s over an E. coli outbreak linked to Quarter Pounder burgers that has now caused at least 49 illnesses in 10 states, including one death.

The lawsuit was filed a day after the U.S. Centers for Disease Control and Prevention (CDC) issued a food safety alert that said dozens of people reported eating a Quarter Pounder burger at McDonald’s before they became ill.

Eric Stelly bought food at a McDonald’s restaurant in Greeley, Colorado, three weeks ago and began experiencing a range of gastrointestinal symptoms, including nausea, cramping and bloody stools, which his lawyer said are the “most common symptom” of E. coli. press release from Ron Simon, plaintiff’s attorney.

After several days of continued pain, he went to a local hospital emergency room and tested positive for E. coli. The statement said Stelly is still recovering from the illness.

The lawsuit, a copy of which was published online by Bloomberg Law, accuses McDonald’s of product liability, negligence and breach of implied warranty. The lawsuit was filed Wednesday in Cook County, Illinois, where McDonald’s is headquartered.

No specific ingredient has been confirmed as the source of the outbreak, but the US Food and Drug Administration (FDA) says sliced ​​onions or Quarter Pounder burgers are the likely source of contamination.

McDonald’s did not immediately respond to CNN’s request for comment on the lawsuit.

On Wednesday, McDonald’s US President Joe Erlinger said on NBC’s “Today” show that it was safe to eat at McDonald’s and that the affected ingredients were likely outside the restaurants’ supply chain.

“We’re confident you can go to McDonald’s and enjoy our classics” without getting sick, he said.

“If there was a contaminated product in our supply chain, it is very likely that it has already spread through that supply chain,” but acknowledged that the number of reported illnesses could increase as the CDC investigates and tracks cases.

“Safely serving customers in every restaurant, every day, is our top priority,” McDonald’s said in a statement Tuesday.

Simon, who describes his office as a national food safety law firm, also represents at least 10 other “outbreak victims” in addition to Stelly, according to the statement.

“The E. coli outbreak at McDonald’s will be one of the largest food poisoning outbreaks this year,” Simon said in a press release. “Through this lawsuit and others, we will ensure that all victims are fully compensated for their losses, that their voices are heard, and that McDonald’s and its suppliers permanently correct the health violations that led to E. coli contamination of its food supply.”

This Thursday, the same attorney filed a second lawsuit on behalf of Clarissa DeBock, a Nebraska woman who ate at McDonald’s in September and was later diagnosed with E. coli, according to the law firm’s complaint. She is still recovering from symptoms, according to the complaint.

McDonald’s has removed the Quarter Pounder option from menus in about a fifth of its stores. The company has stopped using onions as well as Quarter Pounder beef patties in several states, including Colorado, Kansas, Utah and Wyoming, as well as parts of Idaho, Iowa, Missouri, Montana, Nebraska, Nevada, New Mexico and Oklahoma. The investigation is ongoing, the CDC said.

Quarter Pounder hamburger-only meats and chopped onions are primarily used for this type of preparation and not for other foods, according to the CDC. According to the FDA, diced onions and other meat patties used at McDonald’s were not implicated in this outbreak.

Taylor Farms, a supplier to McDonald’s in Colorado, says it is working closely with the FDA and CDC. The company said Wednesday it was recalling the yellow onions from the market “out of an abundance of caution.”

A Taylor Farms spokesman said it found no traces of E. coli in tests of raw or cooked onions. “We have never seen E. coli O157:H7 associated with onions before,” the statement said.