Georgia Food Poisoning Lawyers

Food poisoning lawsuits involve unique legal issues and are best handled by attorneys who have expertise in the areas of food safety and foodborne illnesses. The Atlanta-based lawyers at Ragland & Jones, LLP have handled cases involving foreign objects, contaminated meat or produce, negligently prepared food, and outbreaks of foodborne illness. They are knowledgeable about the science of food safety, as well as the medical aspects of E. coli infections, Hemolytic Uremic Syndrome, Salmonellosis, Listeriosis, Shigellosis, Toxoplasmosis, Botulism, Hepatitis A, and other diseases caused by food or water borne pathogens. Moreover, because of their experience handling unsafe food lawsuits, the Georgia attorneys at Ragland & Jones, LLP are familiar with what legal claims can be asserted in cases involving pathogen contamination, negligently prepared or adulterated food, or foreign objects found in a food or beverage product.

Negligently Prepared or Contaminated Food Products
Cause Many to Suffer Food-Borne Illnesses

Even in this country, the toll of death and disease linked to contaminated, adulterated, or negligently prepared food is substantial and widely underappreciated by most consumers. There are over 40 different known food-borne microbial pathogens (including bacteria, parasites, viruses and fungi) which can cause food poisoning, serious illness, and sometimes death. According to the U.S. Centers for Disease Control and Prevention (CDC), there are between 70 and 80 million cases of food poisoning in the United States each year. Most food poisoning is “sporadic” and involves one individual becoming sick from a food source. However, between 400-500 “outbreaks” of foodborne illness are investigated by local and state health departments in this country each year. These food poisoning outbreaks can involve as few as 2-3 people, or as many as several thousand victims. Most food poisoning is caused by a virus such as Hepatitis A, or by various pathogenic bacteria such as E. coli 0157:H7, Salmonella, Listeria, Shigella and Campylobacter. Fortunately, most cases of food poisoning result in relatively mild acute gastroenteritis which usually resolves within a few days to a few weeks. Most people recover with little or no medical treatment, and usually without any long-term health consequences. However, food poisoning can lead to severe gastrointestinal illness requiring hospitalization and/or other diseases with bacterimic, neurologic, hepatic, renal or other serious and life threatening conditions. The CDC estimates that foodborne illnesses result in approximately 5,000 deaths and cause more than 300,000 patients to be hospitalized every year. Some researchers have estimated the annual food poisoning death toll in this country to be as high as 9,000. Children, pregnant women, elderly adults, and persons who are immunocompromised are the most at risk for suffering complications arising from food poisoning.

What Human Diseases Can Be Transmitted by Food or Water?

There are dozens of different diseases caused by bacteria, viruses, parasites and other pathogens which can contaminate raw or improperly prepared food or beverages. The following are the most significant foodborne illnesses based upon frequency of occurrence and/or severity of potential adverse health consequences:

• E. coli poisoning / Hemolytic Uremic Syndrome
• Salmonellosis
• Listeriosis
• Campylobacteriosis
• Shigellosis
• Botulism
• Hepatitis A
• Noroviruses (“Norwalk” viruses)
• Toxoplasmosis

Hepatitis A and Norovirus are communicable infectious diseases caused by viral pathogens. E. coli poisoning, Salmonellis, Listeriosis, Campylobacteriosis and Shigellosis are communicable infectious diseases caused by different bacterial pathogens. Toxins produced by a bacterial organism cause Botulism which, unlike the other aforementioned illnesses, is not communicable, meaning there is no risk of person-to-person transmission from an infected individual to another previously non-infected individual. Toxoplasmosis is an infectious disease caused by a parasite. All of the pathogens which cause these illnesses – except Listeria, Hepatitis A and Toxoplasma – first attack the intestines causing acute gastrointestinal illness which may or may not lead to other illnesses or complications. Listeria, Hepatitis A and Toxoplasma infections generally cause various types of non-gastrointestinal illnesses. Listeria and Toxoplasma infections are unique in that they can be transmitted by an infected pregnant woman to her unborn child.

Except for E. coli infections, the illnesses caused by bacteria can be treated with antibiotics with varying effectiveness. The CDC recommends that E. coli infections not be treated with antibiotics because of a concern that they may increase the risk of Hemolytic Uremic Syndrome. There is no “cure” for the viral infections, and they cannot be treated with antibiotics. However, Hepatitis A can be prevented with proper immunization. Unfortunately, Hepatitis A is the only one of these foodborne illnesses for which there currently is a vaccine.

The Most Dangerous Pathogens Causing Food-Borne Illnesses

Among those listed above, the most often occurring food borne illnesses are Noroviruses, Campylobacteriosis and Salmonellosis, in that order. Fortunately, the first two have a very low mortality rate and incidence of serious complications. On the other hand, Salmonellosis results in significant morbidity. Indeed, Salmonella is the leading cause of death among all known foodborne pathogens. In addition to Salmonella, the foodborne pathogens of greatest concern include Escherichia coli O157:H7, Listeria monocytogenes, and Toxoplasma gondii. According to the CDC, these four pathogens are to blame for approximately 85% of all food-related deaths in the United States. Moreover, E. coli O157:H7 and Salmonella deserve particular attention because these pathogens are responsible for many of the most serious and widespread food poisoning outbreaks which have taken place in the last two decades. Listeria and Toxoplasma pathogens are especially concerning for pregnant women because of their ability to infect both mother and fetus, and cause miscarriages, stillbirths or other complications during pregnancy.

Overview of E. coli Food Poisoning and Hemolytic Uremic Syndrome (HUS)

Escherichia coli infections are among the most dangerous of food borne illnesses. The incidence of E. coli food poisoning is relatively low (less than 100,000 cases annually), but the rates of hospitalization and fatality are relatively high. Escherichia coli refers to a large and diverse group of bacteria that normally inhabit the digestive tracts of humans and other warm blooded animals (especially cattle). Most species of E. coli are harmless (even beneficial), but some strains can cause urinary tract infections, pneumonia and other illnesses. In particular, E. coli serotypes that produce Shiga toxin are especially pathogenic and can cause hemorrhagic colitis, bowel necrosis, seizures, severe anemia, kidney damage, renal failure, and death. Every year, between 50-100 Americans die, and over 2,000 are hospitalized because of E. coli infection.

E. coli bacteria are considered very hardy, meaning they can survive (even at low temperatures) on surfaces and in the environment generally for weeks. Humans need only ingest a very small number of E. coli organisms to become infected. After consumption, E. coli multiply in the large intestine and produce the Shiga toxin which inflame the digestive tract and cause other complications associated with this disease. Because there is an incubation period (usually 2-5 days), the onset of symptoms may not occur until several days after exposure. Illness usually begins with diarrhea, nausea, vomiting, and stomach cramps. In some cases, a slight fever may develop. The diarrhea often becomes visibly bloody which is considered the classic clinical sign of E. coli poisoning. Definitive diagnosis is made by laboratory testing of a stool sample from the infected patient.

There are many strains of Shiga toxin-producing E. coli, but the one primarily responsible for most food borne illness is E. coli 0157:H7. Although most people fully recover within 7-10 days, patients with E. coli 0157:H7 infection – especially children and the elderly - are at significant risk of suffering Hemolytic Uremic Syndrome (HUS), a life-threatening condition characterized by hemolytic anemia (destruction of red blood cells), thrombocytopenia (low platelet count), and acute kidney failure. The CDC and some independent researchers have advised that antibiotics should not be prescribed for E. coli infections because they may increase the patient’s risk of developing HUS. About 10-15% of patients infected with E. coli 0157:H7 or other Shiga toxin-producing E. coli will experience mild to severe HUS. Patients suffering HUS usually require hospitalization lasting from several days to several months. Full recovery is most likely, but approximately 1 in 3 HUS patients will suffer long term sequelae such as loss of kidney function, damage to the pancreas, high blood pressure, blindness, and death in a small number of cases. The mortality rate for HUS has been significantly reduced, and is now only about 3-5% in the United States and other developed countries.

Transmission of E. coli Infection is Primarily Due
to Ingestion of Contaminated Food or Water

The majority of E. coli infections – especially E. coli 0157:H7 – are caused by consumption of a food or beverage product contaminated with E. coli pathogens from cattle manure or the feces of other warm blooded animals. E. coli food poisoning is most often associated with contaminated ground beef, but other known food sources have included meat from other livestock (chicken, pigs, sheep), venison, sausages, pepperoni, dairy products (especially unpasteurized milk and cheeses made from raw milk), unpasteurized apple, orange or other fruit juices, unpasteurized ciders, and raw produce such as lettuce, spinach, mushrooms, parsley and alfalfa sprouts. Meat usually becomes contaminated during slaughter when the animal’s intestines or feces have some contact with the carcass. Less frequently, persons become infected by ingesting water during recreation in a shallow lake, pool, or water park that has been contaminated by human or animal feces that contain E. coli pathogens. Well water and other water supplies intended for human consumption have become tainted and caused E. coli infections as well. Person-to-person transmission is also possible in circumstances where there is contact with human feces from an infected person. That is why hand washing is so important. There are also documented cases of animal-to-person transmission (usually via the hand-to-mouth route) following contact with livestock at a farm, fair or petting zoo.

Preventing E. coli Poisoning

Undercooked hamburger meat is most often implicated in E. coli cases, so the proper cooking and handling of ground beef is the primary means of prevention. All meat, especially ground beef, should be cooked thoroughly. The center of a hamburger should reach at least 160˚ F for a minimum of 15 seconds. No “pink” hamburger meat should ever be consumed. All raw produce should be washed thoroughly. Safe food handling techniques should be employed to avoid cross contamination during the preparation, service and/or storage of food items. Raw meats and their juices should never contact other food items, and utensils or surfaces (especially cutting boards) which have contacted raw meat must be cleaned to avoid cross contamination with cooked meat or other food. No one should prepare, handle or consume food without first washing their hands. Unpasteurized milk, juices or ciders should be avoided and should never be served to children. Anyone with diarrhea should wash their hands thoroughly after having a bowel movement. Anyone caring for a child or other person with diarrhea should wear disposable gloves and wash their hands after every encounter. Children should not share bath water with anyone who has had diarrhea and toddlers still in diapers should be kept out of swimming pools. Persons should avoid pools not adequately treated with chlorine.

Overview of Food Poisoning Due to Salmonella

Salmonellosis is another potentially dangerous infectious disease caused by a group of bacteria called Salmonella which are naturally found in the intestines of mammals (especially chicken), birds, reptiles and some humans. Behind only the Campylobacter bacteria species, Salmonella is the second leading cause of bacterial food poisoning in this country. There is one serotype of Salmonella (rare in the United States) that can cause Typhoid fever, a life threatening communicable disease caused by the bacterium Salmonella typhi. In the majority of cases, non-typhoidal Salmonella leads to relatively mild gastrointestinal illness similar to that caused by other bacterial enteric pathogens. Symptoms usually appear soon after exposure (6-72 hours) and include diarrhea, abdominal cramps, nausea, vomiting and sometimes fever. Most affected persons fully recover without medical treatment within about 3-7 days. However, some patients require hospitalization due to severe dehydration or fever. In more serious cases, treatment with antibiotics may also be indicated to guard against or treat the spread of the infection from the digestive tract to other parts of the body. In severe cases involving spread of the infection to tissues surrounding the brain and spinal cord (meningitis) or within the blood stream (sepsis), death or other serious complications can occur. In a small number of cases, Salmonella infections lead to reactive arthritis or “Reiter’s Syndrome.” Salmonella infections cause an estimated 15,000 hospitalizations and over 500 deaths in the U.S. annually. Children younger than 5 and elderly persons experience a much greater incidence of Salmonella infection and suffer complications disproportionately. Other at risk populations include individuals using antacids or corticosteroids, patients with AIDS, cancer, recent transplants or other reasons for impaired immune systems, persons suffering inflammatory bowel disease, and owners of pet reptiles.

The Causes and Prevention of Food-Borne Salmonella Infections and Illnesses

Most Salmonella infections are caused by consumption of contaminated and undercooked poultry or eggs (including egg shell fragments). Other known food sources have included beef, pork, lamb, shrimp and other shellfish, peanut butter (and foods made with peanut butter), unpasteurized milk and dairy products made with raw milk, unpasteurized apple or orange juice, powdered infant formula, chocolate/cocoa (and products with chocolate as an ingredient), and various raw fruits and vegetables including alfalfa sprouts, jalapeno and serrano peppers, cilantro, tomatoes, and cantaloupes. Contamination of food occurs when there is contact with the feces of an animal host or infected human. Heat will destroy Salmonella so proper cooking is essential to prevention. In particular, all raw chicken should be cooked to reach a minimum internal temperature of 165˚F. No raw eggs or foods/drinks containing raw eggs should ever be consumed. Proper food handling practices should be followed to avoid cross-contamination between raw meat, utensils, countertops and cooked foods. Hand washing is essential for all food handlers, and for persons who have diarrhea or have had contact with someone with diarrhea.

Who Can Be Held Liable for Damages in a Georgia Food Poisoning Lawsuit

There are many potential defendants in any foreign object or food poisoning lawsuit. In general, any company or individual involved in the production, processing, packaging, storage, distribution, preparation, sale or service of an unsafe food or beverage product may have potential liability for illness or death suffered by the consumer. Depending upon the laws in the state where the food poisoning occurred, cases against any particular defendant can involve claims of negligence, negligence per se (i.e. violation of a state statute) breach of contract, breach of warranty, and strict liability applicable to defective or dangerous products. Of course, each case is different and determining who is liable under these various legal theories for an isolated occurrence or widespread outbreak of food borne illness depends upon the facts and evidence presented. Using one or more theories of liability (i.e. negligence, negligence per se, breach of contract, breach of warranty, strict liability), meritorious unsafe food claims can be asserted against one or more of the following individuals or business entities under various factual scenarios:

• Individual or corporate farmers who grew, harvested and/or stored fruits, vegetables and other fresh produce found to be contaminated or unsafe;
  
  
• Individual or corporate farmers or ranchers who raised cattle, pigs, chickens, turkeys or other livestock which proved to be the source of contaminated or unsafe meat;
  
  
• Individuals or corporate entities which owned, operated, oversaw or inspected slaughterhouses or other facilities where livestock was slaughtered and contaminated meat was produced;
  
  
• Individuals or companies whose negligence caused or allowed beef, pork, chicken, turkey or lamb to become contaminated during any processing, handling, storage, preparation or packaging of the raw meat or any prepared product containing meat;
  
  
• Individuals or companies which negligently caused or allowed raw fruits, vegetables or other produce to become contaminated during their harvest, transport, storage, handling or packaging;
  
  
• Corporate food companies, beverage companies, bottlers or other entities which were negligent in their mass production of prepared, ready-to-eat, canned, sealed, bottled, and packaged food or beverage products which were advertised and sold to consumers;
  
  
• Trucking companies or other distributors which failed to transport, refrigerate, store or handle food or beverage products in a safe manner;
  
  
• Meat markets, grocery stores and other retailers which failed to safely store, refrigerate, inspect, handle, prepare or package meat, produce or other food items in a safe manner;
  
  
• Grocery stores, convenience stores, drug stores and other retailers which negligently failed to timely remove from their shelves or otherwise adequately prevent the sale of any food or beverage product which they knew or should have known was contaminated, unsafe, adulterated or the subject of a recall;
  
  
• Owners or operators of restaurants, cafeterias or fast food franchises who were negligent in their handling, inspection, refrigeration or storage of raw food ingredients, or who negligently failed to properly cook, handle or prepare foods served to a customer;
  
  
• Bakeries, caterers, concessioners, coffee shops, delicatessens, street vendors and other businesses that prepared and/or sold unsafe food directly to the consumer;
  
  
• Employers of persons infected with communicable diseases who then handled or prepared food or beverages and thereby caused transmission of the infection to the persons who consumed that food or beverage; and
  
  
• Homeowners and event hosts who provided their guests with contaminated, undercooked, negligently prepared, or other unsafe food.

Lawsuits Involving Foreign Objects Found On or Within a Food or Beverage Product

Microbial pathogens are not the only causes of injury when food or beverage products are consumed. Every year, thousands of people are injured because of a visible foreign object or deleterious substance in a food or beverage product they consume or attempt to consume. In reported cases, such “foreign objects” have included dirt, pebbles, coins, wood splinters, staples or other pieces of metal, glass fragments, human fingernails or parts of fingers, human or animal hair, insects, small rodents, animal fecal matter, and non-meat parts of a slaughtered animal. In addition to the shock and disgust of seeing, chewing or swallowing such materials, consumers sometimes suffer physical injuries to their teeth, jaw, esophagus, or intestines. Ingestion of a foreign object can also lead to illness and even death in some cases.

Consumers injured by foreign objects may have viable civil claims against the individuals or companies responsible for preparing, selling and/or serving the adulterated food or beverage product. Depending upon the facts of the case, their civil tort claims can be based upon various theories of liability including negligence, negligence per se, breach of warranty, and strict products liability. If there is evidence of an intentional adulteration of the food or beverage with a foreign object or deleterious substance, then the victim may also assert claims for battery and/or intentional infliction of emotional distress.

Damages Recoverable in a Georgia Food/Beverage Foreign Object Case

If there has been a physical injury or sickness, the consumer will be able to recover damages for his medical expenses, loss of income, and pain and suffering. In addition, the consumer may seek to recover compensation for his non-physical damages such as the shock, fright, disgust, or emotional distress experienced after seeing, chewing or realizing he had consumed a foreign object. Most states, including Georgia, will allow for the recovery of such subjective damages where the victim suffers a physical injury or resulting illness caused by the foreign object. However, in some states, a victim may not be allowed to recover solely for emotional damages arising merely from seeing a foreign object or becoming aware that food or drink was adulterated. Instead, the law in some states may preclude the recovery of such damages unless the victim can establish that he was injured or made physically sick by a foreign object or deleterious substance. Contact the Atlanta-based attorneys at Ragland & Jones, LLP if you want legal advice about a situation where you saw, chewed or swallowed a foreign object or any type of poisonous, grotesque or deleterious substance on or in a food or beverage product.

Georgia Food Act

In 1956, the Georgia legislature passed the “Georgia Food Act” which today is codified at O.C.G.A. §§ 26-2-20 through 26-2-41. In sum, this is a consumer protection statute intended to prevent the production, distribution, sale or service of adulterated, mislabeled or misbranded foods to consumers in Georgia. Violations of the Georgia Food Act can give rise to both criminal penalties and potential civil liability. Among other things, the Georgia Food Act prohibits the production, delivery or sale of any “adulterated” food or drink intended for human consumption. The statute defines “adulterated” food or beverages to include, among other things:

• products which contain a “deleterious substance” or foreign objects not intended for human consumption;
  
  
• products which include unsafe levels of pesticides or other poisonous substances;
  
  
• contaminated meat or the product of a diseased animal;
  
  
• products which are contaminated, unwholesome or unfit for human consumption because they were prepared in filthy or unsanitary conditions;
  
  
• products whose inferiority is concealed.

The Georgia Food Act also addresses the mislabeling, misbranding and false advertising of food and beverage products.

Foreign Object and Food Poisoning Lawsuits
Based Upon the Georgia Food Act and Other Georgia Statutes

In many cases, a victim of food poisoning or persons injured by foreign objects will be able to show that the food or beverage they consumed was “adulterated” as defined by the Georgia Food Act. Thus, in many Georgia unsafe food lawsuits, the plaintiff will be able to assert a claim for negligence per se by alleging that the defendant(s) produced, sold or served an adulterated food or beverage product in violation of the Georgia Food Act. The Georgia Court of Appeals has held that a violation of the Georgia Food Act can constitute negligence per se in a Georgia lawsuit brought by someone who sustained an injury due to a foreign object, or who suffered a food borne illness because of contaminated or negligently prepared food.

O.C.G.A. § 51-1-23 is another Georgia statute which gives rise to civil claims on behalf of persons who suffer death, illness or injury due to contaminated, negligently prepared, or adulterated food or beverage products. That statute provides as follows:

“Any person who knowingly or negligently sells unwholesome provisions of any kind to another person, the defect being unknown to the purchaser, by use of which damage results to the purchaser or to his family, shall be liable in damages for such injury.”

In Georgia, plaintiffs can use this statute to assert civil claims against individuals or companies which

• produced, provided, sold or served food or beverage products which were “unwholesome” or unfit for human consumption;
  
  
• produced contaminated or diseased meats, produce or other raw food products thereby causing the consumer to contract a food borne illness;
  
  
• negligently failed to properly cook, prepare, handle or store food products thereby causing the consumer to suffer food poisoning; and/or
  
  
• manufactured, produced, prepared or sold a food or beverage product which contained a foreign object, poison or other deleterious substance which caused an injury to the consumer.

Obtain Legal Representation from an Atlanta Food Safety Litigation Attorney

Contact us if you or a family member has suffered from food poisoning, contracted a food borne disease, or been injured by a foreign object found in a food or beverage product. We are food safety attorneys who are willing to pursue food poisoning claims and lawsuits, involving food borne illness anywhere in Georgia, Alabama, South Carolina, Florida, Tennessee and other states.