McDonald’s is being sued by an alleged victim of the E. coli outbreak linked to the fast food chain’s Quarter Pounders.
The complaint came one day after the Centers for Disease Control and Prevention (CDC) announced that it is investigating 49 illnesses linked to the McDonald’s burger. Of the 49, one person died and 10 were hospitalized, the CDC said on Oct. 22.
Colorado resident Eric Stelly is alleged to be one of the 10 people who were hospitalized. Other reported illnesses occurred in Oregon, Montana, Kansas, Missouri, Iowa, Wisconsin, Utah, Wyoming, and Nebraska. Stelly and at least 10 other victims are represented by attorney Ron Simon of Ron Simon & Associates law firm but Stelly is the only plaintiff on the documents.
The complaint, filed on Oct. 23, claims that Stelly consumed food from his local McDonald’s on Oct. 4 before experiencing “symptoms of Shiga Toxin-Producing E. coli.” Stelly went to the hospital on Oct. 8, where he later tested positive for E. coli. The symptoms of the illness lasted beyond his hospital stay and he “continues to recover from the effects of E. coli food poisoning,” per the documents obtained by PEOPLE.
Stelly asks for $50,000 because he alleges McDonald’s conduct “was a direct, proximate, and producing cause of [his] injuries and damages” such as “pain and suffering,” “medical and pharmaceutical expenses,” “travel and travel-related expenses,” “attorneys’ fees” and more.
The lawsuit was filed in Cook County, Ill. as McDonald’s is headquartered in Oak Brook, Ill.
“I’ve eaten at McDonald’s for years. Never did I expect to suffer like this from eating a burger,” Stelly alleged in a statement. “I hope my lawsuit can shed light on how this happened, so that McDonald’s can fix the problems and prevent them from happening again.”
Attorney Simon tells PEOPLE that there could be more complaints to come.
“Through this lawsuit and others, we will hold McDonald’s and its suppliers accountable for this unfortunate tragedy. American consumers should be able to trust that the food they are served is safe from contamination,” he claimed. “McDonald’s breached that trust, and will now have to earn it back.”
McDonald’s did not respond to PEOPLE’s request for comment on the complaint. When the news first broke, chief supply chain officer, Cesar Piña, said the company is “taking swift and decisive action.”
The CDC has identified two ingredients — slivered onions and ¼-lb. beef patties — as possible sources of the outbreak. The beef patties are used exclusively in Quarter Pounders and the slivered onions are rarely on other items.
Piña said that “all local restaurants have been instructed to remove” the onions “from their supply and we have paused the distribution of all slivered onions in the impacted area.” The Quarter Pounder was temporarily removed from the menu in some states.
“All other menu items, including other beef products (including the Cheeseburger, Hamburger, Big Mac, McDouble and the Double Cheeseburger) are unaffected and available,” Piña shared in an internal message on the brand’s newsroom site. “We will continue to work with the Centers for Disease Control and Prevention (CDC) and are committed to providing timely updates as we restore our full menu.”
The CDC warns that symptoms of severe E. coli include diarrhea and a fever higher than 102°. Symptoms usually start three to four days after eating a contaminated product, and most people recover without treatment after five days to a week.
Ron Simon & Associates law firm has established a McDonald’s E. Coli Claim Center for victims of the outbreak which can be reached by phone or on the firm’s website.
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