Health Law

Subway lawsuits and food poisoning claims

By Drew Falkenstein

The Subway shigella outbreak in Lombard, Illinois now claims well over one hundred victims.  Several lawsuits have been filed on behalf of injured people, seeking compensation for lost wages, medical expenses, and other measures of damages. 

On March 9, we filed suit on behalf of Ron and Sarah Bowers, a Wheaton, Illinois couple whose son was sickened:

Ron and Sarah Bowers purchased a meal for their child, JB, which was contaminated with Shigella sonnei, a potentially lethal fecal bacteria. The child went to the pediatrician multiple times to monitor his illness, and it was not until the Bowers became aware of the Shigella outbreak from news reports that they reported his illness to the DuPage County Health Department. Their child was then tested for the bacteria and his results came back positive.

A week later, we sued Subway on behalf of Barbara Romero, another outbreak victim:

Barbara Romero consumed a toasted chicken and onion teriyaki sandwich from the Subway restaurant on February 23 and 25, 2010. She began to feel ill with vomiting, diarrhea, abdominal cramps, and a fever in the early morning hours of Saturday, February 27, 2010.

Barbara Romero's symptoms became worse over the course of the day on Saturday, February 27. Finally, at approximately 3:00 PM, fearing that she might die if she did not get medical help, Mrs. Romero called her husband, who rushed home from an educational class to take Mrs. Romero to the emergency department at Adventist Hinsdale Hospital in Hinsdale, Illinois.

At the ER, Barbara Romero submitted a stool sample for testing, which ultimately tested positive for Shigella sonnei. She remained in the ER until approximately midnight on Saturday, February 27, 2010, during which time x-rays and a CT scan were done, and the attending physician began her on intravenous fluids and an antibiotic.

Barbara Romero was admitted to the regular hospital after her lengthy stay in the ER. She remained hospitalized until Tuesday, March 2, 2010, battling agonizingly severe gastrointestinal symptoms and high fevers. 

At discharge, Barbara Romero was given a prescription for another antibiotic, and has since continued to suffer from gastrointestinal problems. She ultimately missed approximately a full week of work due to her illness.

And finally, on March 16, we filed suit on behalf of Michael Carpino:

Michael Carpino consumed a sandwich from the Subway restaurant on or about Thursday, February 25, 2010. He began to feel ill with vomiting, diarrhea, abdominal cramps, and a fever on or about Friday, February 26, 2010.

Over the next few days Mr. Carpino's symptoms worsened. By Tuesday, March 2, Mr. Carpino's symptoms were not improving and he thus sought medical attention with his physician.

On Wednesday, March 3, Mr. Carpino's symptoms worsened, with blood appearing in his stool. He telephoned his physician to provide an update on his declining health. It was recommended that Mr. Carpino submit a stool sample for testing, which he did.

By Friday, March 5, Mr. Carpino's bloody diarrhea was profuse and unrelenting. Fearing a severe medical complication, he went to a local Urgent Care facility for treatment. While at the Urgent Care facility, the results of the culture from his stool sample submitted two days prior were found to be positive for Shigella infection. He was started on a course of antibiotics.

Full post as published by Food Poison Blog on March 22, 2010 (boomark / email).