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Salmonella victim sues Subway, workers tested
June 21, 2010
As the first lawsuit by a victim of a salmonella outbreak connected to numerous Subway stores in Illinois is filed, The Illinois Department of Health is testing food handlers in those stores. The departmentis requiring food handlers in 46 Subway restaurants linked to the outbreak to be tested and cleared twice before being allowed to return to work in order to prevent a secondary outbreak.
Food handlers infected with salmonellosis, the illness caused by Salmonella bacteria, can inadvertently pass the bacteria to restaurant patrons, causing them to become sick.
The health department has confirmed 97 cases of the rare strain of salmonella hvittingfoss in people ages 2 and 79 who ate at various Subway restaurants in 28 Illinois counties in May.
"The Illinois Department of Public Health is working closely with local health departments to help protect the people of Illinois from becoming sick from Salmonella," said state public health director Dr. Damon T. Arnold in a news release. "In an effort to prevent a secondary outbreak, the department is taking precautions by requiring food handlers at certain Subway restaurants in Illinois to be tested and cleared before being allowed to handle food."
IDPH has reported several food handlers at certain Subway restaurant locations in Illinois have tested positive for salmonella serotype hvittingfoss.
Subway apologizes, cooperates
Subway has apologized to the victims and for the difficulty the outbreak has caused. The company has cooperated fully with the investigation, including voluntarily replacing suspected produce from its stores immediately upon learning of the investigation.
"The Subway brand has stringent hand washing and sanitation procedures; as well as requirements for store staff to use gloves during food preparation and handling," said Thomas J. Coba, COO, Subway restaurant chain. "The brand is committed to cooperating with IDPH as it works to pinpoint the exact cause of the outbreak."
A specific food source has not been identified in association with this outbreak. The department continues to work closely with the Food and Drug Administration, the U.S. Centers for Disease Control and Prevention, the Subway chain and local health departments throughout the state to identify the source and prevent future illness.
The specific type of salmonella involved in this outbreak is an uncommon serotype called hvittingfoss. Typically, only one or two cases of this type of salmonella are seen in Illinois each year.
Lawsuit filed, class action investigated
Food safety law firm Marler Clark and Illinois firm Newland, Newland, & Newland have filed a lawsuit against Subway parent company Doctor's Associates Inc. on behalf of one of the victims, Will County resident Alicea Bush-Bailey, who was treated at the emergency room for dehydration, severe abdominal pain and nausea, and returned home with medication.
Drew Falkenstein of Newland, Newland, & Newland and Marler Clark recently represented more than 80 victims of an outbreak of shigella at a Chicago-area Subway restaurant earlier this year.
"It's unusual to see two outbreaks at the same chain in the same area in so short a time frame," Falkenstein said. "Ms. Bush-Bailey and many other customers entrusted their health and safety to these restaurants, and that trust was not honored."
Chicago-based food safety law firm The Law Group, Ltd., is investigating a statewide class action lawsuit against Subway Restaurants, on behalf of all residents of Illinois who allegedly sustained injuries associated with Salmonella bacteria after eating a Subway sandwich.
"Our investigation reveals that between May 11, 2010, and May 25, 2010, Illinois Subway restaurants owned by Connecticut-based Doctor's Associates Inc. sold sandwiches containing a dangerous strain of Salmonella bacteria known as hvittingfoss," said attorney Kenneth B. Moll of The Law Group. "Our investigation points to lettuce, green peppers, red onions, and tomatoes as the food source."
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