In the latest development of a growing foodborne illness crisis, McDonald’s Corporation faces lawsuits after an E. coli outbreak has sickened dozens across multiple states, leading to the temporary removal of popular menu items at numerous locations.
A lawsuit filed on October 23, 2024, in the Circuit Court of Cook County, Illinois, details how Eric Stelly of Greeley, Colorado, became ill after eating at a local McDonald’s restaurant, adding a personal face to what health officials are calling a significant outbreak.
Summary of Lawsuit
The Centers for Disease Control and Prevention (CDC), in conjunction with the Food and Drug Administration (FDA) and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA FSIS), formally announced their investigation into the E. coli O157:H7 outbreak on October 22. The announcement came after weeks of mounting cases across multiple states, with Colorado emerging as the hardest-hit region.
According to federal health officials, the outbreak has created a concerning pattern across the western and central United States. Colorado has reported the highest concentration of cases, with between 10 to 26 confirmed infections. Utah, Wyoming, and Nebraska each report between 4 to 9 cases, while Oregon, Montana, Kansas, Missouri, Iowa, and Wisconsin have documented between 1 to 3 cases each.
The timeline of the outbreak spans nearly a month, with the first reported illness on September 27, 2024, and the most recent confirmed case on October 11. However, health officials warn these numbers likely underrepresent the true scope of the outbreak. The CDC notes that many affected individuals may recover without seeking medical attention or obtaining formal testing, suggesting the actual number of cases could be substantially higher.
In response, McDonald’s has temporarily suspended the use of two specific ingredients: fresh slivered onions and quarter-pound beef patties in affected regions. These ingredients are primarily used in the company’s Quarter Pounder hamburgers, leading to the temporary unavailability of this menu item in several states while investigators work to identify the precise source of contamination.
The lawsuit filed by Stelly provides a detailed account of one victim’s experience. Court documents state that on October 4, 2024, Stelly purchased and consumed food from the McDonald’s location at 2912 W. 10th St. in Greeley, Colorado. Two days later, he began experiencing symptoms consistent with E. coli infection. By October 8, his condition had deteriorated sufficiently to require emergency medical attention at UCHealth in West Greeley, Colorado.
Medical testing confirmed Stelly’s infection as E. coli O157:H7, the same strain identified in the broader outbreak. Following standard public health protocols, his case was reported to local health authorities, who conducted an investigation and confirmed his illness as part of the McDonald’s outbreak through their contact tracing efforts.
Public health experts note that E. coli O157:H7 infections can be particularly dangerous. The bacteria typically causes symptoms including bloody diarrhea, severe abdominal cramping, and nausea. While most people recover within a few weeks, approximately 10% of cases can develop into a life-threatening condition called Hemolytic Uremic Syndrome (HUS), which can lead to kidney failure and requires intensive medical intervention.
HUS destroys red blood cells and platelets that cause blood to clot. This leads to acute renal failure because micro-thrombi form and block the tiny blood vessels that act as filters for the kidneys. HUS cannot be stopped from progressing and the only known treatment is kidney dialysis. Nearly 5% of people with HUS die. HUS survivors may need blood transfusions, dialysis, and possible kidney transplants.
Health officials emphasize that E. coli O157:H7 can cause illness with an extremely low infectious dose – fewer than 50 bacteria are needed to cause infection. The bacteria typically lives in the intestines of cattle and other animals, and infection occurs through the oral-fecal route, meaning contamination often results from fecal matter coming into contact with food products.
The legal complaint, filed in Illinois where McDonald’s maintains its corporate headquarters, seeks damages exceeding $50,000 for each claim. The lawsuit presents three main claims against the corporation: strict products liability, negligence and negligence per se, and breach of implied warranties.
Strict Products Liability claim
The complaint said that McDonald’s was responsible for importing, manufacturing, distributing, and marketing food products like onions, beef, and Quarter Pounders. These products were defective because they were contaminated with E. coli, making them dangerous. McDonald’s also failed to provide proper warnings or instructions to prevent harm, which contributed to the danger.
As a result of these defects, Stelly was injured, and McDonald’s is liable for the damages caused. Stelly’s damages include pain, suffering, medical costs, lost wages, and other related expenses, both past and future.
Negligence and Negligence Per Se Claim
The complaint said that McDonald’s had a duty to exercise care in manufacturing, preparing, testing, packaging, and selling their products. They were also responsible for warning Stelly about potential hazards related to the products.
McDonald’s breached this duty in several ways, including:
– Negligently manufacturing and distributing the products,
– Failing to properly test them,
– Allowing contamination with feces,
– Not maintaining sanitary conditions,
– Failing to follow safety practices and procedures,
– Neglecting to warn about E. coli contamination, and
– Failing to disclose dangers after the products were sold.
McDonald’s was also required to comply with health regulations like FDA guidelines and food safety laws, but failed to do so. This conduct directly caused Stelly injuries, which included pain, suffering, medical costs, emotional distress, lost wages, and other damages.
Breach of Implied Warranties claim
McDonald’s, a merchant that produces and sells products, breached the implied warranty of merchantability by implying their products were safe for consumption, when in fact they were not due to E. coli contamination.Stelly, a consumer, relied on the McDonald’s expertise in assuming the products were safe to eat.
McDonald’s also breached the implied warranty of fitness for a particular purpose by marketing these dangerous products as safe, even though they knew or should have known the products were contaminated.
As a result, McDonald’s actions directly caused Stelly’s injuries, including pain, suffering, medical expenses, lost wages, and other damages, both past and future. McDonald’s did not disclaim these warranties.
The lawsuit highlights the regulated nature of food safety in the restaurant industry, citing numerous federal regulations including the FDA’s Good Manufacturing Practices Regulations and the Federal Food, Drug, and Cosmetics Act, which prohibit the sale and distribution of adulterated food products.
The outbreak investigation remains active, with health agencies continuing to work with McDonald’s to determine the specific source of contamination. While Quarter Pounder hamburgers have been identified as a common factor among many cases, investigators are also examining the possibility of cross-contamination and other potential sources within the food preparation process.
As the investigation continues, health officials have advised anyone experiencing symptoms of E. coli infection – particularly bloody diarrhea and severe abdominal cramping – to seek medical attention and report their illness to local health authorities, especially if they have recently consumed food from McDonald’s restaurants in the affected regions.
The case is currently pending in the Circuit Court of Cook County, Illinois, where McDonald’s will have the opportunity to respond to the allegations. The litigation is being handled by Ron Simon & Associates and Meyers & Flowers, LLC, with attorneys experienced in foodborne illness cases representing Stelly.
Commenting on this article, Dr. Tony Coveny, a national E. coli lawyer for Ron Simon & Associates said, “McDonald’s negligence resulted in severe harm for our client. We continue to gather the evidence necessary to ensure that all parties are held accountable for their actions so that Mr. Stelly is fully compensated.”
