The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning

California Souplantation Facing Its First Lawsuit After Shigellosis Outbreak

BacteriaSouplantation 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.

Foodborne Illness in America

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.

Food Safety Regulations may Entitle Victims to Compensation

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.

Contact Our San Jose Personal Injury Lawyers

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.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year