Cincinnati Food Poisoning Attorney

Types of Food Poisoning

Some of the most common pathogens that can contaminate food and cause severe foodborne illness include:

• Clostridium botulinum—may cause botulism, and lead to paralysis
• Campylobacter—causes campylobacteriosis, and may develop into Guillain-Barré syndrome (GBS)
• E. Coli—can lead to colitis, hemolytic uremic syndrome (HUS), or thrombotic thrombocytopenic purpura (TTP)
• Hepatitis A—can lead to liver damage
• Listeria—causes listeriosis, and may result in meningitis and sepsis
• Salmonella—in severe cases can cause meningitis and sepsis
• Shigella—may cause hemolytic uremic syndrome
• Vibrio—can cause vibriosis, a fatal illness caused by eating raw oysters and other seafood

Food Allergy Lawsuits

About four percent of Americans suffer from a type of food allergy, many of which are serious enough for foods to cause an anaphylactic reaction that may be life threatening. As a result, an estimated 1,500 deaths occur due to food-related allergic reactions.

Food companies are aware of this, and therefore have a responsibility to protect customers. This responsibility lies with restaurants, grocery stores, food trucks, coffee shops, schools, hospitals and nursing homes.

Following a severe allergic reaction, contact a food safety lawyer to investigate the root cause and potentially save the lives of other consumers who may be in danger of contaminated food products.

The Lyon Firm is dedicated to consumer safety and focuses on consumer protection litigation following injuries. When food companies fail to warn consumers of allergen contamination and injury and deaths occur, they may be held liable.

Food Poisoning Lawsuits

For prompt, effective medical treatment, it is crucial to properly diagnose specific foodborne illnesses as soon as possible. It is also important to document food poisoning diagnoses for legal reasons as well.

To build evidence against a negligent restaurant or food handler, a victim of food poisoning needs to prove that the pathogen (bacteria, virus or parasite) is linked to a particular kitchen or food distributor.

Food poisoning is usually diagnosed with lab tests, and based on a detailed history, including how long a patient has been sick, symptoms and specific foods recently consumed. Medical professionals should perform a physical exam, and look for signs of dehydration.

Diagnostic tests ordered by doctors can include a blood test, urine test, stool culture or examination for parasites. For a stool culture, a stool sample is sent to a laboratory to identify the pathogen causing an illness. Bacteria have DNA patterns identified with pulsed-field gel electrophoreses (PFGE) and whole gene sequencing.

Bacteria have DNA patterns that can be identified with processes called pulsed-field gel electrophoreses (PFGE) and whole gene sequencing. When someone is diagnosed with Campylobacter, E. coli, Salmonella, or another bacterial pathogen, PFGE testing can be performed on bacteria found in the patient, the food and a restaurant.

Once there is medical evidence on the side of a plaintiff, a personal injury attorney can advise on how to proceed against the negligent party that caused the illness.

If an organism is found, doctors are urged to notify local health departments to determine if the food poisoning is linked to a wider outbreak. If you have any questions about the important lab testing or legal procedure, contact The Lyon Firm for information.

Food production companies and distributors have a responsibility to ensure their products are safe for consumers. Should companies fail to regulate themselves and test food before it is sold to the public, plaintiffs may file lawsuits to recover damages, including lost earnings, medical expenses, emotional distress, and physical pain and suffering.

Food Production Lawsuits

Most food in Ohio comes from domesticated animals and plants, and their production occurs on farms or ranches. Though it is the obligation of stores, distributors, restaurants, and manufacturers to prevent food poisoning from being passed to consumers, this is not always the case.

Food poisoning injury lawsuits generally target food producers rather than restaurants. Examples of contamination in food production, processing and distribution include the following:

• If a hen’s reproductive organs are infected, the yolk of an egg can be contaminated
• If the fields are sprayed with contaminated water for irrigation, fruits and vegetables can be contaminated
• Contaminated water or ice used to wash, pack, or chill fruits or vegetables may contaminate the food
• During the slaughter process, germs from an animal’s hide or organs can get into the final meat product
• If germs contaminate surfaces used for food processing, pathogens can spread to foods that touch those surfaces
• If refrigerated food is left on a loading dock for a long time in warm weather, it may allow bacteria to grow
• Fresh produce can be contaminated if it is loaded into a truck that was not cleaned after transporting animals or animal products

Food Safety & Illness Prevention

Following simple food safety procedures can greatly reduce the number of foodborne illnesses each year by helping individuals to prevent food poisoning.

Food handlers and those responsible for preparing raw and cooked foods are urged to wash hands and surfaces often, separate raw meats and seafood, properly chill foods and cook all meat, seafood and some vegetables thoroughly. The CDC recommends following certain guidelines to safely prepare food including:

• Wash hands with soap and water before and after preparing food
• Wash hands before eating
• Wash utensils, cutting boards, and countertops with hot, soapy water
• Rinse fruits and vegetables under running water.
• Separate meats from other foods—do not cross-contaminate raw meat, poultry, seafood, or eggs
• Use separate cutting boards and plates for raw meat, poultry, and seafood
• Cook foods to the correct temperature and use a food thermometer—food is only safely cooked when the internal temperature is high enough to kill dangerous pathogens
• After shopping, refrigerate foods promptly. Do not leave perishable food out for more than two hours
• Thaw frozen food safely in the refrigerator, in cold water, or in the microwave.