Every year more than 125,000 U.S. residents require hospitalization due to food poisoning. A significant proportion of contamination based illnesses in the United States are large scale food poisoning outbreaks resulting from the distribution sale and consumption of tainted mass produced products ranging from produce to poultry and readymade salads and sandwiches. Another significant cause of mass outbreaks are restaurants and eateries which fail to properly sanitize their facilities.
Individuals who have suffered devastating medical health issues due to the consumption of contaminated products are entitled to financial recovery from all at fault parties. Our Law firm is proud to provide legal representation for victims of food poisoning across the state of California including Los Angeles, the Inland Empire and Sand Diego.
Legal Assistance: Our personal injury attorneys are able to assist you in your claim. To reach our legal representatives feel free to contact our law offices toll free at (800)790-5422. All confidential legal consultations are provided free of charge.
List of The Most Common Food Borne Illnesses:
A list and brief explanation of the most common foodborne outbreak illnesses contraction in the United States is provided below.
• Salmonella: Nearly 1.5 million cases of salmonella take place every year. Common causes of Salmonella poisoning include under cooked eggs, raw milk and poultry.
• E. Coli: A specific strain of E. Coli known as O157:H7 can causes severe medical health issues including bloody diarrhea and kidney failure.
• Hepatitis: Hep A B and C outbreaks result in thousands of hospitalizations each year. Hepatitis is a permanent ailment which can result in liver failure.
• Listeria: This bacterial agent is one of the deadliest forborne illnesses resulting in a fatality rate of nearly 20%.
• Norovirus: These outbreaks can take place on Cruise Ships, hospitals, and fine dining etablishments.
• Shigella: A bacterial agent known to cause severe cases of diarrhea and gastroenteritis. Every year up to 450,000 cases of shigella are documented in the United States accounting for 18-25% of all cases of food poisoning.
Steps To Take if You Have Suffered An Illness
1. Seek medical attention as soon as possible. A documentation of your injuries and the specific testing required to determine exactly what viral or bacterial agent is causing your injuries in significant evidence which can be used to support your claim for compensation.
2. Do not discard the food that was consumed. Place it in an air tight sealed plastic bad away from other foods. Do not throw away any receipts.
3. File a claim with your local Health and Safety Agency.
4. Contact a personal injury law firm to learn more about your right to recovery under the law.
Contaminated Food Outbreakd – Mass Injuries and Class Action Lawsuits
In some instances outbreaks of forborne illnesses result in severe harm to dozens if not thousands of consumers. In those circumstance class action lawsuits can be filed against all liable parties. Class action lawsuit select one members of the class as a representative for all other class members. The class representative will take part in the trial in behalf of all other victims. Class action lawsuits require certification by a court based on the showing of several factors.
1. Commonality: There exists an issue of either fact or law amongst all members of the class.
2. Numerosity: There are a large number of victims.
3. Adequacy: The class representative has the resources and legal help to adequately represent the issues of the other class members.
4. Typicality: Claims of the representative against the defendant are typical of the entire class.
There is greatly difficulty in forming class action lawsuits in cases of large foodborne illness outbreaks due to the varying range of symptoms and drastic difference in the severity of the injury amongst those infected. This in most instance single party claims instead of mass tort class actions are filed against at fault parties.
Infections and Illnesses Resulting in Fatalities – Filing a Wrongful Lawsuit: Sadly in many instances victims die as a result of severe cases of food poisoning. Young children, individuals with compromised immune systems and the elderly are particularly susceptible to suffering severe medical complications resulting from the contraction of food borne viral and bacterial agents. In the state of California certain relatives of the deceased have the right to file a wrongful death cause of action against all liable (at fault parties).
Right to Compensation for Injured Victims: Injured victims of food poisoning have the right to compensation for all harms suffered stemming from the negligent, wrongful or intentional acts of liable parties. The settlement value of a food contamination claim is based on several important factors including
• The level of harm suffered – cases involving multiple days in the hospital and severe long term or permanent disability.
• Future medical and health related costs including rehabilitation expenses.
• Pain and suffering compensation – including emotional trauma and PTSD post traumatic stress.
• Loss of wages and loss of future earning capacity due to persistence side effects of the illness.
• Availability of punitive damages – Punitive damages are awarded where the at fault party acted with intent, malice, or reckless conduct resulting in the injuries suffered. Punitive damages are meant to punish the liable party so as to change future behavior dangerous to the consumer.
About Our Law Firm:
The Normandie Law Firm has years of experience in protecting the rights on individuals who have suffered harm or illness due to the negligent or wrongful actions of food processors, manufacturers, distributors and restaurants.