Food Poisoning Lawsuit Settlement Amounts

Foodborne pathogens can cause illnesses that lead to serious consequences, including organ failure, pregnancy complications, and death. Companies that manufacture, distribute, and sell contaminated food can be held liable. Food poisoning outbreaks often affect large numbers of people.

Food poisoning lawsuits can result in significant compensation, covering both economic and non-economic damages, including medical expenses, lost wages, pain, and suffering.
Factors like the severity of the illness, duration of recovery, and the strength of evidence greatly influence settlement amounts.
Notable cases, such as those involving Blue Bell Creameries, ConAgra Foods, and Chipotle, highlight the serious consequences companies face when foodborne illnesses occur.

If you or your loved one contracted a foodborne illness due to an outbreak, you may be entitled to substantial compensation through a class action lawsuit or an individual claim. We can connect you with a lawyer who can advise you of your legal options, estimate your food poisoning lawsuit settlement amount, and help you recover the compensation you deserve.

What Can You Sue for in a Food Poisoning Case?

Foodborne illnesses can result in overwhelming medical expenses and keep you from working for a significant period. They can also lead to permanent disabilities, emotional suffering, and even death. You are entitled to pursue financial compensation for these and other losses through a personal injury or wrongful death lawsuit.

If You Have Been Made Sick by Another Company’s Fault!

Personal Injury Lawsuit Damages in Foodborne Illness Cases

Economic damages in a personal injury lawsuit include things like compensation for past and future medical expenses, lost wages, diminished earning capacity, and incidental costs. Non-economic damages may include:

Wrongful Death Damages in Foodborne Illness Cases

If your loved one died from a foodborne illness, you may be eligible for compensation through a wrongful death lawsuit. The damages available in a wrongful death claim may include the following economic and non-economic damages:

The projected lifetime income of your loved one had they lived
Your loved one’s medical expenses
Your loved one’s pain and suffering prior to death
Funeral and burial expenses
Loss of companionship
Loss of parental guidance
Loss of love and affection
Loss of comfort

Factors That Determine How Much a Food Poisoning Case is Worth

Because every case is unique, numerous factors can influence food poisoning lawsuit settlement amounts. Below are some of the most important:

Severity of the Illness

A severe illness is likely to result in higher medical expenses, a longer period of lost wages, and more extensive pain and suffering than minor foodborne illnesses, particularly if you suffer permanent effects. This can translate into higher compensation.

Duration of Illness and Recovery

The longer it takes to recover, the more medical care you will likely require and the more wages you will miss, increasing your economic damages. An increase in economic damages may also increase your non-economic damages, depending on the method used to calculate your non-economic damages.

Medical Treatment Required

Certain medical treatments are more expensive and therefore can yield higher compensation amounts. For example, surgical treatment may be worth more than physical therapy. Needing ongoing treatment can also increase compensation.

It is important to work with an attorney who has a network of life care planners, medical experts, economists, and vocational specialists who can estimate your lifetime medical costs in the event you need long-term care.

Impact on Quality of Life

The more a foodborne illness negatively impacts your life, the more substantial your compensation may be. Being unable to enjoy previous activities, having to live with chronic pain, and being left with disabilities that limit your social life and career opportunities are all considerations that may factor into your damages.

Evidence and Strength of the Case

Many defendants are willing to risk going to trial if they think they can win. Having solid evidence will make all the difference and will also affect the amount the jury awards you. Having a strong case may also lead the defendant to offer a more generous settlement to avoid the expense and risk of going to trial.

Extreme Misbehavior by the Responsible Party

If you have clear evidence that the defendant’s conduct was intentional, fraudulent, or grossly negligent, you may qualify for higher damages, including punitive damages meant as punishment. Though the law governing punitive damages varies across states, these awards can be substantial.

Whether the Illness Results in Death

When an injury results in death, your loved one’s finances play an important role when calculating compensation. If you live in a state that allows emotional damages in wrongful death cases, your family’s grief and suffering can also increase your compensation. In addition, you may also receive compensation for your loved one’s conscious pain and suffering.

The State Where You File Your Claim

Some states limit the types and amounts of compensation you can recover in personal injury and wrongful death lawsuits. These limitations may include:

Whether You File a Class-Action or Individual Lawsuit

Food poisoning outbreaks often impact large numbers of people. This can occur when restaurants serve contaminated food or distributors ship contaminated food to retail locations.

In a class action lawsuit, multiple claims are combined into one large lawsuit. The case proceeds are divided among the “class members.” The division may be equal or based on the severity of each case. The number of class members will also impact the amount of compensation they each receive.

Average Food Poisoning Lawsuit Settlement Amounts

A food poisoning settlement may range from a few thousand dollars to hundreds of thousands per person. Consult a knowledgeable foodborne illness attorney as soon as possible if you suspect you were poisoned. A competent attorney with experience handling food poisoning cases can ensure you receive the best possible result by working with experts, investigating government test results, and identifying all responsible parties.

Notable Food Poisoning Settlements and Fines

Manufacturers, distributors, and retailers of contaminated food may be liable when customers get sick from consuming their products. Food companies of all sizes have been responsible for outbreaks, and the number of affected individuals is often higher than the number reported. Serious outbreaks can affect tens of thousands of people.

Blue Bell Creameries

Blue Bell Creameries is a Texas-based ice cream manufacturer. In 2015, the FDA traced listeria in hospitalized patients to contaminated ice cream from Blue Bell. Listeria can survive at temperatures below freezing and is especially dangerous for pregnant women.

According to Click 2 Houston News, the outbreak affected 10 people in Arizona, Kansas, Oklahoma, and Texas, killing at least three. The federal government filed criminal charges against the company and its CEO. In 2020, the company pleaded guilty and agreed to pay a total of $19.35 million for distributing contaminated food. The CEO was fined $100,000 in 2023.

The contamination stemmed from unsanitary conditions caused by roof leaks, condensate problems, and other issues at Bluebell’s facility in Broken Arrow, Oklahoma. According to the Department of Justice, the CEO “directed other Blue Bell employees to remove potentially contaminated products from store freezers without notifying retailers or consumers about the real reason for the withdrawal.”

ConAgra Foods

ConAgra Foods manufactures Peter Pan peanut butter. In March 2015, it agreed to pay $11.2 million in penalties to resolve federal criminal charges for distributing contaminated peanut butter from a plant in Sylvester, Georgia. The company also paid at least $36 million in civil settlements.

The peanut butter was contaminated with Salmonella. ConAgra attributed the contamination to a leaky roof. AP News reported that 627 people became sick from consuming the contaminated peanut butter.

Chipotle

In 2020, Chipotle agreed to pay $25 million in criminal fines for serving adulterated food to the public. It also paid confidential settlements in at least 100 cases in the Denver area alone.

According to the FDA, more than 1,100 people throughout the United States contracted norovirus and Clostridium perfringens after eating at the restaurant, both of which can cause severe gastrointestinal distress. The Denver Post reported that patrons also contracted E. coli and Salmonella.

The local health department found “critical violations” of food safety regulations, including some related to storing lettuce and beans for too long and at unsafe temperatures. Clostridium perfringens proliferates when food is not kept at safe temperatures.

The norovirus cases stemmed from employees working while sick or shortly after recovering from sickness. Some reported feeling pressured to work.

Types of Food Poisoning Illnesses You Can Sue For

If you or your loved one contract any of the following foodborne illnesses, you may have grounds to sue the responsible restaurant, distributor, or manufacturer:

Contact Keep Food Safe for Legal Guidance

If you contracted a foodborne illness due to someone else’s carelessness, you may be entitled to legal compensation. Having an attorney with experience handling foodborne illness cases on your side is essential. Keep Food Safe can connect you with a skilled food safety lawyer to help you explore your legal rights and options. Contact us today to learn how we can help.

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