Its what scares every parent – 52 hospitalized and another 50 confirmed cases of e. coli, bringing the total number of victims to over 100. And for what? For consuming a burger and fries. The litigation into the outbreak began in the aftermath of an onset of e. coli illnesses, beginning with patient “zero” on July 26, 2022, and continuing through at least August 17th of 2022. The victims were identified in six states. The CDC has identified at least 109 cases, though experts believe the actual number to be quite a bit higher. And while the outbreak has been linked to Wendy’s restaurants, it remains unclear what caused the outbreak. The leading suspects are contaminated lettuce or beef, but no positive test has confirmed this fact.
“The litigation is still in the early stages, ” says E. coli lawyer Ron Simon, who has represented thousands of e. coli victims over the years. “The way these cases go, in a situation like this, is that my office reaches out to both the franchise owner and the corporate headquarters of Wendy’s on behalf of the Plaintiffs to get the ball rolling. So far, we have done so and are waiting to see if further discovery will be needed.” Simon, one of the nation’s preeminent food poisoning lawyers, represents many of the victims. Each of the victims are seeking medical expenses, often lost wages, and pain and suffering.
Wendy’s has not yet stated that it will compensate the victims, but so far is acting in good faith and has been cooperating with state and federal authorities investigating the outbreak and in communicating with the plaintiffs involved. And while it is too early to know for certain, Wendy’s may have simply been unlucky in ordering either ground beef or lettuce that was not handled correctly by a third party. If fact, this question may never be answered as it is often difficult to know for certain when or where a food borne pathogen like e. coli was introduced into the food. What IS in the control of the restaurant is whether that pathogen was allowed to spread due to improper food handling, which is something that will be looked at in discovery.
“I anticipate being able to conclude this litigation in 2024,” says Simon, “and am confident that the plaintiffs will be made whole and everyone, Wendy’s and the consumers, can quickly put this ordeal behind them.”
