Vibrio Lawsuit

Vibrio bacteria cause a potentially serious illness called vibriosis. Keep Food Safe can connect you with a lawyer to take action through a Vibrio lawsuit after vibriosis illness. Together, we can hold food producers accountable when they fail to make sure the food they sell and serve is safe for consumption. Contact us today to learn how we can help.

If you have become ill because of food contaminated by Vibrio bacteria, you can file a Vibrio lawsuit against the company or individual responsible. You may have a viable lawsuit if you experienced serious harm because of Vibrio, such as a prolonged illness or infection. Each state has different laws regarding food safety standards and liability for food poisoning. Contact Keep Food Safe today to learn about your legal rights and options.

What is Vibrio and Vibriosis?

Vibrio is a bacteria that lives in coastal waters. It can cause an intestinal illness called vibriosis. According to the Centers for Disease Control and Prevention, there are approximately one dozen Vibrio species. Those most likely to cause illness in the U.S. are Vibrio parahaemolyticus, Vibrio vulnificus, and Vibrio alginolyticus.

The most common cause of vibriosis is eating raw or undercooked shellfish. It’s also possible to get a skin infection from Vibrio bacteria through open wound contamination in brackish water. Raw oysters are the most common cause of vibriosis illness, but other foods can also carry the bacteria, such as:

Though the CDC notes that it’s less common to get a Vibrio infection from fish, it can still happen. The best way to avoid getting sick is by making sure any fish you consume is well-cooked before eating.

Symptoms of Vibriosis

Watery diarrhea is the most common symptom of vibriosis, but the illness can cause many other symptoms, such as:

These symptoms usually appear within 24 hours of eating food infected with Vibrio.

Some species of Vibrio can cause serious complications. Infections with Vibrio vulnificus can lead to hospitalization, where people get intensive care treatment and sometimes even require amputation. About 1 in 5 people who get a Vibrio vulnificus infection do not survive, sometimes dying within a day or two, according to the CDC.

How Does Vibrio Spread?

Seafood can be contaminated with Vibrio bacteria before it is caught and gathered. The CDC recommends discarding oysters whose shells open before cooking and discarding those that don’t open during cooking.

The spread of Vibrio bacteria is most often caused by unsafe food handling practices. To prevent spreading Vibrio bacteria, you should clean all cooking surfaces, separate uncooked seafood from ready-to-eat foods, cook food to the right temperatures, and refrigerate food promptly so bacteria can’t multiply.

Groups with a Higher Risk of Getting Vibriosis

If you live with certain medical conditions, you may be at a higher risk of Vibrio infection and severe complications. People are at increased risk if they have:

Certain medical treatments can also put you at higher risk, including:

Most Vibrio infections happen between May and October when water temperatures are warmer. However, they can arise at any time of the year.

Vibrio Outbreaks

The CDC says that most reports they receive about vibriosis are not part of large outbreaks. The agency nonetheless notes several recent large outbreaks, including:

Who is Liable in a Vibrio Lawsuit?

If you have been harmed because of a Vibrio infection, a lawyer can help you to identify who might have caused the harm. In a Vibrio lawsuit, any person or organization who failed in their responsibility to keep the food safe can be sued. This includes:

In the case of Vibrio, food service workers who have not been trained on proper food handling practices or who have been trained but fail to follow them can cause the spread of Vibrio bacteria. Examples of improper or dangerous practices include failing to:

Discard bad oysters or other shellfish
Clean food preparation and food storage areas
Keep seafood separate from ready-to-eat and other foods
Store uncooked seafood properly
Cook seafood long enough or at high enough temperatures

Many of these failures can happen at the manufacturer or grocery store as well. As an example, a supermarket might fail to keep its fresh seafood inventory cold enough or far enough away from other foods.

How Much Can Compensation Be in a Vibrio Lawsuit?

You can recover compensation if Vibrio infection has led you to experience harm. You can recover financial losses linked to the illness. You can also get compensation for non-financial losses, such as pain and suffering.

If others file a lawsuit before you, it might be possible to join together in a class action. However, even if someone else has already sued, you can always file your own legal action for your own injuries.

A court might also award punitive damages if the act was particularly egregious. These punish the defendant and deter bad behavior in the future.

If the company you sue goes bankrupt before you recover compensation, it might be more difficult to get the money you deserve. However, a lawyer can help you to assess your options for a fair resolution.

There’s a long history of lawsuits stemming from Vibrio infections. One example goes back to 1993 when someone was awarded $1 million after a Vibrio infection caused a 2-month stay in hospital.

What Do You Need to Prove to Win a Vibrio Lawsuit?

What you have to prove depends on the state where you live. There are at least three types of legal action:

Negligence – You need to show that the defendant had a duty of reasonable care, that they failed to meet that duty, that the failure directly resulted in harm you suffered, and that your damages are legally compensable.
Product Liability – You need only show that the food was contaminated and that the contamination caused your illness. Product liability law often applies a strict liability standard, meaning that it is sufficient to simply prove causation.
Breach of warranty – When we buy food, it normally comes with an express or implied warranty that it is safe to consume. If it makes you sick, you might be able to argue a breach of warranty.

A Vibrio lawyer can help determine what legal course of action is most appropriate in your case. They can also take important evidence-gathering steps that might be hard to take on as an individual, such as getting records from a company’s corporate offices and getting important information from the health department.

For you to have a case, it’s critical that you receive medical care as soon as you start to experience Vibrio symptoms. The doctor who treats you should also notify your local health department about the findings.

How Long Do You Have to File a Vibrio Lawsuit?

The time you have to file depends on the statute of limitations in your state. The statute of limitations also differs between types of lawsuits. You may have as little as one year or as many as six years to file your claim.

However, remember that failure to file before the correct deadline nearly always results in your case being dismissed in court. Therefore, do not wait to consult with an experienced attorney.

Should You Hire a Vibrio Lawyer?

Restaurants and food service companies have a responsibility to keep food safe. A lawsuit can promote accountability and reduce the chances of other people becoming sick. Through your case, you can become a food safety advocate, especially if it is picked up by the media.

Further, lawyers typically cannot access health department or corporate records without filing a food safety lawsuit, so taking legal action early on is important. This will allow your attorney to start gathering critical evidence before it disappears or is tampered with. They can then work to negotiate a fair settlement and, if necessary, fight for you in court.

Contact Keep Food Safe for help filing a Vibrio lawsuit. We are here to help.