Contaminated Food Claims
Our firm has handled a wide variety of food contamination claims and other food safety litigation. Brian Smith, a partner with Smith & Vanture, was lead counsel in litigation against McDonald’s for their failure to disclose that their French fries and hash browns contained major food allergens. Mr. Smith was also active in litigation against Con Agra, the manufacture of Peter Pan peanut butter, when there was a major outbreak of salmonella illness related to the peanut butter.
“Food poisoning” or foodborne illness occurs when food contaminated with bacteria or other pathogens, such as Salmonella or Listeria is consumed. Symptoms of food contamination may include upset stomach, diarrhea, fever, nausea, vomiting, abdominal cramping or pain, headaches, weakness and/or dehydration. The symptoms may appear several hours to several days after eating contaminated food.
Typically, food becomes contaminated as a result of improper food processing, handling, preparation and/or storage. According to the U.S. Centers for Disease Control and Prevention (CDC), the most commonly recognized foodborne infections are those caused by the bacteria Salmonella, Escherichia coli (commonly known as E-Coli), and Listeria, as well as a group of viruses called noroviruses.
Food poisoning or food contamination lawsuits are complex and require expert analysis and evaluation. Our firm has access to microbiologists and epidemiologists that assist us in evaluation cases and serve as expert witnesses, when needed.
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If you have any of the food product remaining, please put it in a plastic bag and place it in a cool spot, like your refrigerator. Do not discard the product, as we will need it to prove your claim.