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More lawsuits filed against Ill. Subway blamed for shigellosis outbreak
March 16, 2010
The number of confirmed victims in a Lombard, Ill., outbreak of shigellosis has grown to 50, as two additional lawsuits have been filed against a Subway restaurant linked to the foodborne illness, according to Chicago's WGN TV News.
The Subway location in Lombard remains closed as the DuPage County Health Department investigates the matter. Drew Falkenstein, an attorney for Seattle-based Marler Clark LLP, which specializes in foodborne illness law, said in a March 15 blog post in the Food Poison Journal that the outbreak began in late February and continued into early March. At that time, 34 people had contacted the firm, which is litigating each of the claims individually. Falkenstein, who is lead attorney for the claims, blames the nature of Subway's food-handling process as potentially contributing to the spread of the shigella bacteria.
　
From the blog:
The Subway outbreak is an unfortunate set of circumstances. The nature of the product, and how the finished sandwiches are ultimately produced, with hand-to-food contact with virtually every individual sandwich component, means that there are multiple opportunities for insidious bacteria from an infected worker to contaminate the food. And without a kill step, there is virtually no way to rid the food of bacteria once it becomes contaminated.
Mary Siceloff, spokeswoman for Marler Clark, said the number of the firm's clients from the outbreak is now at 38. The firm has no plans for a class action lawsuit.
McDonald's foodborne illness lawsuit
Marler Clark is continuing to litigate a class action lawsuit filed against a Milan, Ill., McDonald's for its link to a hepatitis A outbreak last summer. In that outbreak, two McDonald's employees had contracted the disease, but a delay in reporting of the initial case to the county health department slowed notifications at the store and community level.
Preventing foodborne illness
Protecting customers against the spread of the disease — and the restaurant from the lawsuits that often result — requires proper handwashing procedures, as detailed in thewhite paper"Handwashing: A Crucial Way to Prevent Foodborne Illness in a Restaurant" and replay of thewebinar"Restaurant Crisis Management: How to Protect Yourself During a Foodborne Illness Incident."
The research provides insight into several high-profile foodborne illness outbreaks and the loss of revenue stream that accompanies such an event. It also delves into the various types of foodborne illnesses and the varieties of insurance coverages operators have available to protect themselves and their restaurant.
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