<p>D fell victim to an outbreak of E Coli at a restaurant near her college. She will have medical bills from it. I’m wondering if there is anything we can do to get compensation or if the cost of pursuing it is more than it would be worth to us? What is typical in these cases?</p>
<p>D had a friend who was hospitalized as a young child from an ecoli outbreak. I believe her family joined a class action lawsuit.
[E</a>. coli Food Poisoning](<a href=“http://www.about-ecoli.com/ecoli_outbreaks/news/jack-in-the-box-ignored-safety-rules/]E”>Jack In The Box Ignored Safety Rules | Marler Clark)</p>
<p>But as long as your ins covers it & it isnt part of a disregard of standards but an accudent, it might not be worth pursuing.</p>
<p>Most business carry liability insurance which would cover this type of thing. She should call the restaurant to get the name of their insurance company. If she is only looking to cover medical bills not covered by her insurance I suspect they will pay without issue.</p>
<p>We have high-deductible health insurance. Since we haven’t met this year’s deductible prior to this, it will probably mostly NOT be covered.</p>
<p>Can you describe how she contracted the E Coli and how you know the restaurant is responsible?</p>
<p>^D ate there. The restaurant was closed briefly after a number of employees and customers contracted the same thing during the same time period. Unfortunately she was one of the customers.</p>
<p>Yikes. I hope your D recovers quickly. Poor thing.</p>
<p>This one was local to us:</p>
<p>[Jack</a> in the Box E. coli Outbreak Lawsuits - Western States (1993)](<a href=“http://www.marlerclark.com/case_news/view/jack-in-the-box-e-coli-outbreak-western-states]Jack”>Jack in the Box E. coli Outbreak Lawsuits - Western… | Marler Clark)</p>
<p>Definitely submit a claim to the restaurant’s insurer. Most restaurants have CGL policies which have Medical Payments coverage that is designed to pay small amounts of medical bills, usually up to $5k. The toughest part is usually establishing that the illness was caused by the restaurant’s food, but it sounds as though this was a widespread event, and the insurer has probably received other claims. If your daughter has a receipt for the food make sure she keeps it.</p>
<p>I do hope you sue them. The only way to help protect future consumers from foodborne illness (other than preventive methods that they already know about) is to put restaurants on notice that not doing the right thing is going to cost them. Whatever you do, do not sign any statement absolving them of responsibility.</p>
<p>So sue them for us. This is what the legal system is for.</p>
<p>Wow Mini,</p>
<p>My son was 2 years old when that outbreak happened…it’s funny because I was just discussing HUS with my dd the other day! I didn’t realize it was so long ago. I didn’t feed my son beef for years after that! I was scared *****less…</p>
<p>Then Mad cow came along!!!</p>
<p>You should immediately notify the State or local agency that inspects restaurants. Often they can do an investigation that will help you and your attorney determine whether there is sufficient evidence to sue. Your child should document everything now before details are forgotten. Food poisoning often has an incubation period before the effects are known. When your child felt symptoms is important. Your state should have a lawyer referral service that you can use if you don’t already have a lawyer.</p>
<p>I remember the Jack in the box scare pretty well. Luckily, kiddos were fans of overcooked, dry McDonalds food (and we did not eat there often).</p>
<p>I am with mini. Sue them. At the very least talk to an experienced lawyer to see what the options are. The consequences of E. coli poisoning can be long-term. The businesses that made her ill have to feel her pain, too. It needs to be determined who is responsible. Was it undercooked food or poor hygiene practices at the restaurant? Or was another business responsible (the source of E. coli could be green produce, and in that case, no matter how well it was washed, the pathogen could not have been removed)?</p>
<p>Was your daughter alone, or did friends also experience this outbreak? There might be strength in numbers if more than one friend got sick.</p>
<p>What is disconcerting about this kind of thing is that it is not just limited to meat. Fresh produce is all too often a source of microorganism-induced illness. Is anything safe anymore?!</p>
<p>Ecoli can have devastating effects. When they thought my DS had it (it turned out to be C Diff, which is also awful) I was fielding calls from the department of Health. They track and trace these things to avoid a bigger outbreak and to be sure they can trace the case and where else that ingredient was consumed. If the restaurant is the known cause then absolutely let their insurance cover all your expenses. And be SURE your daughter is completely well . There are long term effects and increased risk factors associated with Ecoli, including heart and kidney disease and hypertension. Do not release them of liability. And hope she is feeling better!</p>
<p>You can ask them to pay your medical bills now, but I wouldn’t sue them unless or until you know that the problem came from their handling of the food and not from some problem further back towards the food source. Remember the FDA stopped food inspections during the recent federal shutdown although the USDA continued with meat inspections.</p>
<p>If the restaurant then wants to sue the FDA, let them. But your d. was harmed by the restaurant, not the FDA.</p>
<p>Sorry to hear about your D, xaniamom. That was on the news here recently. It seems pretty clear that the restaurant was the source, so I hope she pursues a claim.</p>
<p>E coli can also be caused by an employee who does not properly wash hands after using the bathroom, not just contaminated food.</p>
<p>I’m thinking back to the outbreaks of contaminated spinach, jalape</p>