Salmonella Lawsuit
The U.S. sees about 420 deaths from salmonella infections every year. According to the Cleveland Clinic, salmonella is among the most common forms of food poisoning, with over one million people infected annually. All in all, about 26,500 people are hospitalized with severe symptoms.
If you or a loved one experienced severe illness caused by salmonella, we can help. Keep Food Safe is dedicated to helping individuals who contract foodborne sicknesses by consuming contaminated food or drinks. We can connect you to resources and support to help you secure compensation from those responsible for your illness.
Can You File a Salmonella Lawsuit?
You can file a claim for compensation after dealing with food poisoning. To file a successful lawsuit, you must meet specific criteria and prove negligence or product liability on the part of the restaurant, store, or company that served you a contaminated drink or food. Hiring an attorney experienced with food poisoning cases is crucial in determining what type of lawsuit to file.
For your attorney to move your case forward, you must provide documentation of your illness. To file a salmonella lawsuit, you need evidence of a salmonella diagnosis, typically in the form of a medical record shared by your healthcare provider.
You will also need to establish a link between your illness and the contaminated food or drink you consumed. Hold on to receipts, packaging, and any other evidence connecting the restaurant or company to the contaminated food or drink.
If you think you have a valid claim, consult with an attorney as soon as possible. There is a deadline governing how long you have to file a lawsuit. It is set by the statute of limitations, and the countdown normally starts on either the date you became ill or the date you could have reasonably discovered the cause of your illness.
The specific time limit will depend on your type of case (e.g., personal injury versus product liability) and which state you live in. The deadline governing product liability cases, for example, ranges from one to five years, depending on the state. A two-year statute of limitations is fairly common common.
Where Will Your Salmonella Lawsuit Be Filed?
The jurisdiction in which your lawsuit will be filed depends on the specifics of your case. Lawsuits are normally filed in the jurisdiction where the underlying incident occurred. For example, your lawsuit may be filed in the jurisdiction where you purchased the tainted product. It may also be filed wherever the food manufacturer or distributor made or shipped the product.
A knowledgeable salmonella lawyer versed in product liability, personal injury, and food safety can determine the appropriate jurisdiction in which to file your lawsuit. Product liability laws vary widely by state. The same goes for personal injury laws. Keep Food Safe can connect you to a lawyer to help you navigate these areas of the law.
What Is Salmonella?
Salmonella is a family of bacteria that causes salmonellosis. They are primarily found in the intestines of animals, such as birds, reptiles, and mammals. In humans, infections result from eating or drinking contaminated food or water. Contact with infected animals can also transfer the bacteria.
After consuming contaminated food, salmonella bacteria invade the cells lining your intestines, making it difficult for your body to retain water. As a result, you may experience the following symptoms:
- Diarrhea
- Abdominal cramps
- Nausea
- Vomiting
- Fever
- Headache
- Muscle Pain
Symptoms can present anywhere from a few hours to a few days after consuming the contaminated item. Most people recover without medical intervention. However, talking to a healthcare professional is advisable if symptoms worsen after three days. Dehydration is especially a concern with salmonella infections.
In severe cases, a salmonella infection can lead to bacteremia, in which the bacteria enter your bloodstream. Bacteremia can lead to sepsis and requires immediate medical care.
If you have sickle cell disease and contract salmonella, you are also at higher risk for developing osteomyelitis, a bone infection. If you experience back or bone pain and suspect it is due to food poisoning, seek medical attention immediately. Other symptoms that warrant a visit to the ER include:
- High fever
- Persistent vomiting
- Confusion
- Flushed, red skin
- High heart rate
- Bloody diarrhea
What Causes Salmonella Infections?
The most common way humans come into contact with salmonella bacteria is through contaminated food, especially undercooked or raw animal products. Raw eggs, meat, and contaminated milk can carry salmonella bacteria. The bacteria can enter the human intestine if these items are eaten raw or mishandled during food preparation.
Aside from consuming infected food or water, humans can get salmonella by touching infected animals without proper personal protection equipment. You can contract the bacteria by interacting with infected pets and items in their environment, such as food and water bowls, litter boxes, and toys.
Salmonella can also spread from person to person through direct interaction or cross-contamination after handling infected items. When it comes to handling and preparing food, salmonella can spread from raw food to nearby surfaces and food items without proper care. It is essential to practice good hygiene, especially when handling food to help prevent Salmonella.
Salmonella Outbreaks
The Centers for Disease Control and Prevention maintains a multi-state list of all foodborne illness outbreaks that goes back to 2006. You can search by contaminated food, germ type, and year. Searching by infected food type will give you more in-depth information on outbreaks, including the states affected, the number of reported illnesses and hospitalizations, related deaths, and the investigation status. The CDC’s National Outbreak Reporting System dashboard also shows a record of national outbreaks reported since 1998.
Salmonella outbreaks are relatively common in the U.S. A CDC report on salmonella outbreak in 2023 due to backyard poultry notes that 1,072 people were infected. This outbreak occurred in 48 states and Puerto Rico between January 1, 2023, and September 25, 2023. Thankfully, it did not result in any deaths. The CDC notes many more people likely fell ill during this timeframe but may have recovered without treatment or were not tested for salmonella.
Among the worst foodborne outbreaks due to salmonella was a 2009 case in which 714 people got sick and nine died from Peanut Corporation of America’s peanut butter. The company recalled over 3,600 peanut butter products and has since gone bankrupt. The corporation’s CEO, Stewart Parnell, was sentenced to 28 years in prison in 2014 for knowingly shipping salmonella-tainted peanut butter and covering it up.
Who Is Liable in a Salmonella Lawsuit?
Liability in a salmonella lawsuit will depend on your case. Parties that might be held liable include:
- Food manufacturers
- Distributors and suppliers
- Retailers and restaurants
- Farmers and producers
- Transportation companies
- Government agencies
An experienced legal professional can assess the details in your case to identify all potentially liable parties for your specific case.
How Much Is a Typical Salmonella Lawsuit Settlement Worth?
The value of a salmonella lawsuit settlement, as in any personal injury or product liability lawsuit, will vary based on the case details. Many factors can influence a lawsuit’s outcome, including:
- The severity of your illness, whether or not you were hospitalized, and the long-term consequences to your health.
- How well you documented any damages, such as medical costs, lost wages, pain and suffering, and any other costs related to the infection and illness.
- Any punitive damages if the liable party is determined to have acted in an egregious or reckless manner.
- The number of liable parties legally required to provide compensation.
Salmonella Settlement Examples
In a 2018 Salmonella-related case, Kerry Inc., a food and ingredient manufacturing company, agreed to pay $19.228 million for distributing contaminated cereal. Unsanitary plant conditions caused the outbreak. The company pleaded guilty to a misdemeanor and agreed to pay a criminal fine and a forfeiture amount, the largest total fine to date.
In large-scale cases like this that impact numerous people, there may only be so much money available for each plaintiff. There is also the risk of a company filing bankruptcy or going out of business before you can receive fair compensation. Therefore, it is essential to hire an attorney sooner rather than later.
Why File a Salmonella Lawsuit?
Everyone should be able to trust that the food and drinks they consume are safe. Restaurants and food manufacturers must be held to the highest standards to ensure appropriate food handling.
Filing a lawsuit sends a strong message about justice and accountability. As a victim of a foodborne illness, you do not have to passively accept salmonella’s negative impact on your well-being without holding at-fault parties responsible. Help ensure the safety of others by speaking out about your case.
Contact Keep Food Safe for help filing a salmonella lawsuit. We will connect you with a lawyer who can explain the legal avenues for recovering compensation. Even if you are not sure if you have a case, we can help make sure you know your full legal rights and options.
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