California Souplantation Facing Its First Lawsuit After Shigellosis Outbreak

Souplantation in Camarillo, California closed and then reopened after disposing of food, cleaning the restaurant, and then retraining and testing their employees. Shigellosis, a highly contagious bacteria that sickens about half a million Americans each year, is allegedly the reason for the closure. Unfortunately, there have already been 12 illnesses connected with the outbreak (five of which were hospitalized) and one lawsuit is currently underway. Only time will tell if the victims are successful in their pursuit of compensation, but the recent events highlight the importance of knowing your rights in a foodborne illness case.

The Center for Disease Control and Prevention (CDC) estimates that nearly 48 million Americans are sickened by a foodborne illness each year. Of those, nearly 128,000 are hospitalized, and more than 3,000 are killed. Senior citizens, persons with compromised immune systems, and children are often the most vulnerable to the more serious effects of a foodborne pathogen, but anyone can become so ill that they experience death or hospitalization.

Foodborne illness outbreaks often start at a restaurant, or in food that was purchased at a supermarket (think of the peanut butter, cantaloupe, and egg recalls over the last few years). It then spreads, infecting other family members, school mates, co-workers, and even complete strangers. The longer it is allowed to spread, the more dangerous it becomes.

Because foodborne illnesses are so prevalent and are potentially deadly, the food industry (restaurants, manufacturers, distributors, etc.) are required to follow a specific set of regulations. Outlined by the Food and Drug Administration, these rules can create a liability for restaurants and food manufacturers when an outbreak occurs, but the process is not always as straightforward as it sounds.

Victims must have suffered a loss from the illness (lost time at work, medical expenses, etc.). These losses are typically the core of a personal injury suit. For example, the mother suing Souplantation is requesting compensation for medical expenses and emotional distress. Some situations may also require proof of contamination (i.e. a receipt after a confirmed case of an outbreak). As such, victims are encouraged to seek legal support with a foodborne illness case.

If you or someone you love has been sickened or killed by a foodborne illness outbreak, contact Corsiglia, McMahon & Allard, LLP for assistance. Dedicated and experienced, we will fight for the most compensation possible in your case. Schedule a free consultation with our San Jose personal injury lawyers to learn more. Call (408) 289-1417 today.

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