A total of 75 McDonalds’ customers in 13 states who became ill after consuming McDonalds’ quarter pounder were victims of an e coli outbreak allegedly linked to slivered onions and beef patties derived from cows exposed to irrigation containing feces from other cattle. The e coli pathogen (the scientific term is Escherichia coli) is found in the guts of cattle. The cases were reported between September 27 and October 11 of 2024. Most of the sick or injured customers stricken with e coli were from either Colorado or Nebraska.
McDonald’s responded by removing the quarter pounder from its menu in twelve states in the west and Midwest. This move affected one-fifth of its 14,000 restaurants in the U.S. McDonald’s typically serves one million Quarter Pounders every two weeks in the twelve-state area where it has discontinued serving Quarter Pounders. Those states are Colorado, Kansas, Utah, and Wyoming, and parts of Idaho, Iowa, Missouri, Montana, Nebraska, Nevada, New Mexico, and Oklahoma. After news of the outbreak was reported, other fast food sellers such as Pizza Hut, Taco Bell, and KFC also removed fresh onions from their food offerings out of fear that their supplier may be providing a contaminated product.
The Centers for Disease Control and the Food and Drug Administration are investigating the matter with the cooperation of McDonald’s. The focus of the investigation is the suppliers of slivered onions and beef patties. According to new articles, the likely supplier of the slivered onions served raw in the Quarter Pounder is Taylor Farms’ and their Colorado facility. The CDC believes the risk of further outbreaks is low due to the timely response by McDonald’s.
Symptoms of the illness caused by e coli include stomach cramps, bloody diarrhea, severe vomiting, high fever (above 102 degrees), dehydration, and dizziness. They generally appear within 3-4 days of consumption. Most recover within 5-7 days without treatment, but others can develop a severe kidney condition known as hemolytic uremic syndrome. Children, the elderly, and the immuno-compromised consumers exposed to e coli tend to have more severe symptoms requiring hospital or other urgent medical attention. McDonald’s President Joe Erlinger has vowed to improve the safety of its operations so that further cases do not arise; however, this may be too little too late for the victims already injured. McDonald’s has a duty to make sure it as well as its suppliers provide safe and edible food to its customers. When they fail to do so, and innocent customers get hurt, McDonald’s and their suppliers are responsible for all causally related injuries, medical bills and other damages.
Notably, a Colorado resident named Eric Stelly recently filed a lawsuit against McDonald’s after he became ill from food purchased at McDonald’s in Greeley, Colorado. It is believed Mr. Stelly consumed a quarter pounder containing the contaminated onions from his local McDonald’s on October 4. Thereafter, on or about October 6, he became sick and went to the emergency room. At the hospital, he was tested and the results confirmed e coli. In the lawsuit Complaint, Mr. Stelly is seeking over $50,000 from McDonald’s and others alleging product liability, breach of warranty and negligence. The case remains pending.
Foodborne illness outbreaks have occurred in restaurants in the United States and elsewhere. The largest on record occurred in Japan in 1996, resulting in 12,600 illnesses and 50 deaths. The second largest outbreak occurred in Germany in 2011, resulting in 373 deaths. In the United States, Chipotle restaurant was fined $25 million by the FDA for criminal violations of food safety protocols at several of its locations, resulting in 1100 cases of norovirus or other illnesses. Violations included failure of its employees to wash their hands or to prepare the food at a temperature high enough to kill any bacteria, or to serve food beyond its safe date. In addition, many employees felt pressured to report to work or remain on duty when feeling ill or after vomiting.
Food poisoning can form the basis of a lawsuit under several theories as evidenced by the above discussed lawsuit including negligence. All restaurants have a duty to handle, prepare, and serve food that is free from germs or objects that can cause harm and to comply with food safety codes. Some unsafe practices include failure of employees to maintain good hygiene, to cook food at temperatures high enough to destroy disease-causing germs, storing food improperly, or serving it beyond its safe date. One who has suffered a food-borne illness can seek damages based on medical costs, lost wages, and pain and suffering. It is important to immediately report the illness to the restaurant, file an incident report and obtain prompt medical treatment including a diagnosis from a physician.
Time is always of the essence after an e coli related sickness or other food born injury whether at McDonald’s or elsewhere. If you or a loved one contract a food-borne illness after dining at McDonald’s, please call The Datny Law Firm at 561-221-7474 to discuss how we can help.
The Datny Law Firm is located in Boca Raton, Florida with satellite offices (appointment only) in Wellington, Florida and Winter Park, Florida. However, we proudly represent clients injured at McDonald’s throughout Florida from the Keys to Miami to Naples to Fort Lauderdale to West Palm Beach all the way up to Orlando. Whether you were injured by e coli poisoning at McDonald’s, tripped and fell on broken pavement at McDonald’s, slipped and fell fall on wet flooring at McDonald’s, burned yourself on hot coffee at the McDonald’s drive through or otherwise, we can help. Consultations are free and there is no fee unless we settle your case.