If it seems like we’re hearing more and more about food-related recalls, well, maybe we are. The current recall alert we’re seeing in the news is related to McDonald’s Quarter Pounders.
There are several reasons why food in the U.S. might be subject to a safety recall. The most likely reasons for recalls include:
- Pathogenic contamination. This includes harmful bacteria like Salmonella, E. coli, and Listeria. These pathogens can cause foodborne illness that could result in hospitalization or death.
- Allergen mislabeling. Allergens like peanuts, tree nuts, shellfish, eggs, dairy and wheat are required to be listed on food packaging; if they are not disclosed on the label, there is a risk to people with allergies.
- Foreign objects. This includes physical contaminants such as metal fragments, plastic, or glass shards that can make their way into food during processing, packaging, or handling, posing injury risks.
- Chemical contamination. For instance, pesticide residues, toxins, or unapproved additives might enter the food supply chain accidentally or due to improper processing.
- Improper processing. Failure to follow safety protocols, such as inadequate pasteurization or improper canning methods, can create an environment where harmful bacteria thrive.
- Spoilage from packaging or handling errors. Faulty packaging can cause spoilage by allowing oxygen, moisture, or contaminants to enter, affecting product safety and shelf life. In addition, some foods need to be stored and transported at specific temperatures to maintain freshness and thwart bacterial growth.
Is it safe to get a McDonald’s Quarter Pounder?
Regulators have identified the source of the E. coli bacteria as related to the onions normally included on the burgers.
Escherichia coli, commonly known as E. coli, is a type of bacteria that lives in the intestines of humans and animals. While most strains are harmless and even beneficial for gut health, some strains can cause foodborne illness. The most notorious harmful strain is E. coli O157:H7, which produces a toxin called Shiga toxin that leads to severe illness in humans.
E. coli contamination spreads in a variety of ways:
- Undercooked or contaminated meat (often ground beef)
- Raw produce, like lettuce, spinach or other leafy greens
- Unpasteurized dairy products or juice
- Contaminated water, including lakes and pools used for recreation
- Person-to-person contact through poor hygiene (exposure to another person’s fecal matter, like from not washing hands after using the bathroom)
Symptoms of E. coli include severe stomach cramps, diarrhea, vomiting and sometimes fever. These symptoms might appear three to four days following exposure. For most people, the symptoms resolve on their own, but for some (particularly young children and the elderly), they can suffer hemolytic uremic syndrome (HUS), which could cause kidney failure.
McDonald’s announced that it pulled Quarter Pounders from its menu in several states following the outbreak of E. coli slivered onions produced by Taylor Farms appear to be the culprit. Taylor Farms announced a recall of four raw onion products, and its restaurant customers were urged to stop using affected products.
In addition to McDonald’s, restaurant chains like Illegal Pete’s, Taco Bell, Pizza Hut and KFC removed items containing onions from their menus out of an abundance of caution, though there was no evidence of E. coli linked to the fresh onions on their menu items.
As of last week, nearly 50 people had reported E. coli illness linked to the outbreak. One adult died and 10 others, including a child, were hospitalized.
The majority of the McDonald’s E. coli cases were in Colorado. There were about a dozen cases in Montana and Nebraska, and a handful of cases in Washington, Oregon, Wyoming, Utah, New Mexico, Kansas, Missouri, Iowa, Wisconsin and Michigan.
Why are we seeing so many food recalls?
It’s not your imagination. Food recalls are on the rise. Just recently, we’ve seen recalls on Boar’s Head meats, frozen waffles (including brands like Great Value, Food Lion, Good & Gather, Kodiak, Publix, and others), chicken sold at Trader Joe’s and Aldi, eggs, and other items.
There are two reasons why we’re seeing more recalls. First, the U.S. is importing more foods now than ever before, and people are consuming more highly processed foods. As food is more and more processed, there is more opportunity for disease to enter the food system.
Second, the Food and Drug Administration (FDA) has gotten faster and more efficient at identifying and tracing outbreaks. This is a good thing because it helps companies to recall foods before they are shipped farther into the food system, which prevents additional people from consuming tainted foods and falling ill.
McDonald’s lawsuits for recent E. coli outbreak
33-year-old Clarissa DeBock is a Nebraska resident who has filed a lawsuit against McDonald’s. DeBock ate a Quarter Pounder on September 18, 2024 and went to the emergency room a week later when she was experiencing excruciating stomach cramps. Tests show she was positive for E. coli O157:H7, the strain that matches the McDonald’s outbreak.
DeBock is suing McDonald’s for $50,000, claiming pain and suffering, physical impairment and disfigurement, loss of enjoyment of life, medical expenses, emotional distress, lost wages, and lost earning capacity.
Eric Stelly, of Colorado, has also filed a lawsuit against McDonald’s. Stelly claims he ate a Quarter Pounder on October 4th and was in the ER four days later. He also tested positive for the same strain of E. coli and continues to recover. His demands and claims are similar to DeBock’s.
The lawyer representing Stelly and DeBock has 13 other clients who intend to file similar lawsuits.
The lawsuit accuses McDonald’s of negligence in failing to adequately monitor the safety and sanitary conditions of its premises.
Will these plaintiffs succeed? That’s still up in the air. But we can look at previous lawsuits and how those plaintiffs have fared.
Lawsuits against companies like McDonald’s and other food establishments related to E. coli outbreaks have been successful, particularly when evidence shows that the company failed to follow proper food safety practices.
The key factors that plaintiffs argued in these lawsuits include:
- Clear link to the restaurant. Success often hinges on proving that the illness was specifically caused by food from the restaurant. Health department investigations, customer receipts, medical records, and lab testing can help establish this connection.
- Severity of the illness. In cases where the E. coli infection led to severe complications, such as HUS or prolonged illness, courts are more likely to award substantial damages for medical costs, pain, and suffering. High-profile outbreaks with many affected customers also tend to result in significant settlements or judgments.
- Failure to follow food safety standards. If plaintiffs can show that the company did not meet regulatory food safety standards or that employees mishandled food (such as through undercooking or cross-contamination), they strengthen their case. Investigative reports from health authorities are often critical for these types of claims.
For instance, a case against Jack in the Box in 1993 involved a large E. coli outbreak that sickened more than 700 people and several died. The outbreak was traced to undercooked hamburgers and the fast-food chain settled for millions of dollars with numerous victims and paid hefty fines.
In 2015, we saw several personal injury lawsuits and class-action lawsuits against Chipotle after E. coli and other pathogens affected customers in multiple states. These lawsuits were resolved with confidential settlements.
If you’ve become ill from a foodborne pathogen, and you have evidence to support this claim (like medical documentation), you can contact a personal injury lawyer in your state for legal guidance.