At Clark, Fountain, Littky-Rubin & Whitman, we represent individuals harmed by food contamination. We focus on securing justice and fair compensation for victims of foodborne illnesses caused by contaminated food products. Food safety is a critical issue affecting millions of people annually, our firm stands as a staunch advocate for consumers’ rights.

Understanding Food Contamination and Its Risks

Food contamination happens when harmful substances, such as bacteria, chemicals, or physical objects, infiltrate the food supply, rendering it unsafe for consumption. The consequences of food contamination can range from mild digestive issues to life-threatening conditions, including organ failure or even death. In the U.S., foodborne illnesses affect millions each year, with hundreds of thousands requiring hospitalization.

Types of Food Contaminants:

1. Biological Contaminants:
   • Salmonella: Commonly found in undercooked poultry, eggs, and contaminated produce, this pathogen causes severe gastrointestinal distress, including diarrhea, fever, and abdominal cramps.
   • E. coli: Found in undercooked beef, contaminated produce, and unpasteurized dairy products, E. coli can lead to serious conditions, including hemolytic uremic syndrome (HUS), which may result in kidney failure.
   • Listeria: Particularly dangerous for pregnant women, newborns, the elderly, and immunocompromised individuals, Listeria can be found in deli meats, soft cheeses, and unwashed fruits and vegetables.
2. Chemical Contaminants:
   • Pesticides: Residual pesticides in fruits, vegetables, and grains can pose both acute and chronic health risks. Prolonged exposure to pesticides has been linked to cancer, neurological disorders, and reproductive issues.
   • Heavy Metals: Contamination from heavy metals like mercury, lead, and arsenic can occur through water or soil pollution, often affecting seafood, root vegetables, and grains. Heavy metal poisoning can lead to serious health complications, including cognitive impairment and organ damage.
3. Physical Contaminants:
   • Glass Shards and Metal Fragments: Accidents during the processing or packaging stages may introduce dangerous physical objects into food products, leading to lacerations, internal injuries, or choking hazards.

Food Safety Regulations and Legal Compliance

The U.S. Food and Drug Administration (FDA), along with other regulatory bodies, plays a pivotal role in enforcing food safety standards. These regulations are intended to prevent contamination and ensure the safety of the U.S. food supply. However, when companies fail to adhere to these standards, affected individuals can pursue legal action based on several legal theories, including negligence, product liability, and breach of warranty.

1. Negligence: Food manufacturers and distributors have a legal duty to ensure their products are safe for consumers. When they fail to implement proper safety protocols, such as hygiene practices, inspection processes, or adequate storage measures, they may be held accountable for any harm that results.
2. Product Liability: In cases of food contamination, companies can be held strictly liable for injuries caused by defective food products, even if they did not act negligently. Under strict liability laws, injured consumers only need to prove that the contaminated product caused their illness.
3. Breach of Warranty: Consumers may also file claims when a product fails to meet express or implied safety promises. For example, if a product labeled as “organic” or “gluten-free” contains harmful substances or allergens, the manufacturer may be liable for breaching those assurances.

Proving a Food Contamination Claim

To successfully prove a food contamination claim, several key elements must be established:

1. Identifying the Source of the Contamination:
   • Traceability: Identifying the specific food product and its origin is crucial. This can be achieved through careful documentation, such as receipts, labels, and food diaries.
   • Outbreak Investigations: In cases of widespread outbreaks, health authorities may conduct investigations to identify the common source of contamination.
   • Laboratory Testing: Laboratory analysis of food samples can help identify the specific contaminant and its source.
2. Establishing a Causal Link:
   • Medical Records: Detailed medical records can document the symptoms, onset, and duration of the illness.
   • Expert Testimony: Expert witnesses, such as medical professionals and food safety experts, can provide expert opinions on the cause of the illness and the potential role of contaminated food.
   • Epidemiological Studies: In some cases, epidemiological studies may be conducted to identify patterns in the outbreak and link it to a specific food source.
3. Gathering Medical Records and Expert Testimony:
   • Medical Records: Collect all relevant medical records, including doctor’s notes, lab results, and hospital records.
   • Expert Testimony: Retain experts in fields such as medicine, microbiology, and food science to provide expert opinions on the cause of the illness and the damages incurred.
4. Calculating Damages:
   • Economic Damages: Calculate the costs of medical treatment, lost wages, and property damage.
   • Non-Economic Damages: Assess the value of pain and suffering, emotional distress, and loss of enjoyment of life.

Common Defenses in Food Contamination Cases

Defendants in food contamination cases may raise various defenses to avoid liability:

1. Contesting Causation:
   • Alternative Causes: The defendant may argue that the plaintiff’s illness was caused by factors other than the contaminated food, such as a pre-existing condition or other foodborne illness.
   • Lack of Evidence: The defendant may challenge the sufficiency of the evidence linking the food to the illness.
2. Arguing Comparative Negligence:
   • The defendant may argue that the plaintiff’s own negligence contributed to their illness, such as failing to properly cook or store food.
3. Raising Statute of Limitations Defenses:
   • The defendant may argue that the lawsuit was filed after the statutory deadline, barring the plaintiff’s claim.

How Clark, Fountain, Littky-Rubin & Whitman Can Help

With decades of experience in food contamination litigation, our attorneys have an in-depth understanding of the complexities involved in these cases. We are well-versed in investigating and prosecuting claims related to food safety violations, including cases stemming from biological, chemical, and physical contaminants.

Our process includes:

• Thorough Investigation: We meticulously examine the source of contamination, analyze FDA compliance reports, and identify any lapses in food safety protocols.
• Expert Testimony: We collaborate with top food safety experts, medical professionals, and industry authorities to build a strong case.
• Maximizing Compensation: Our goal is to secure full compensation for our clients, including medical expenses, lost wages, and non-economic damages like pain and suffering.

Recent Food Recalls and Active Cases Handled by Clark, Fountain, Littky-Rubin & Whitman

In recent years, food recalls have become increasingly high-profile, underscoring the need for strict food safety standards. Clark, Fountain, Littky-Rubin & Whitman represents individuals impacted by these incidents, with ongoing cases linked to notable contamination events:

• Boar’s Head & Publix Listeria Recall: In October 2024, we filed a lawsuit against Boar’s Head Provisions Co. and Publix Supermarkets due to a Listeria outbreak affecting over 7.2 million pounds of deli meats. This outbreak, with products distributed to major retailers like Walmart and Trader Joe’s, led to numerous hospitalizations and fatalities. Our firm is dedicated to seeking justice for the failure to uphold essential food safety standards.

• McDonald’s E. coli Outbreak: We are actively representing clients affected by the E. coli O157 outbreak linked to McDonald’s Quarter Pounder hamburgers. The outbreak, connected to fresh slivered onions from Taylor Farms, has resulted in severe illnesses and at least one confirmed fatality. We are committed to holding the parties involved accountable and ensuring that impacted individuals receive compensation for their suffering.

• Beef Jerky Contamination Case: Our firm recently handled a case involving beef jerky contamination with foreign materials and rodent parts. This incident highlighted severe lapses in quality control, where unsuspecting consumers encountered unsanitary conditions within a popular snack. Such contamination is a direct threat to consumer health.

Other High-Profile Food Recalls

1. Peanut Butter Recall: A national recall of multiple peanut butter brands due to Salmonella contamination has caused several hospitalizations and deaths, demonstrating the serious consequences of lapses in food safety.
2. Romaine Lettuce Recall: E. coli contamination in romaine lettuce led to widespread recalls, posing significant health risks to consumers and resulting in public health advisories across the U.S.
3. Frozen Fruit Recall: Concerns over Listeria contamination led to recalls of various frozen fruits, particularly impacting vulnerable populations such as pregnant women and the elderly.

The Importance of Legal Action

Taking legal action is essential not only for compensating those affected but also for promoting better food safety standards across the industry. Holding companies accountable for their negligence forces them to improve their safety protocols, reducing the likelihood of future contamination incidents.

Legal action serves to:

• Provide Justice: For individuals and families harmed by contaminated food.
• Secure Compensation: Covering medical expenses, lost income, and non-economic damages such as pain and suffering.
• Enforce Industry Reform: Ensuring that food manufacturers adhere to stringent safety standards to protect public health.

Start Your Free Consultation Today

At Clark, Fountain, Littky-Rubin & Whitman, we understand the devastating impact that foodborne illnesses can have on individuals and their families. We offer comprehensive legal representation, guiding clients through the complexities of food safety litigation and working tirelessly to secure the compensation they deserve.

Why choose us?

• Experience: We specialize in high-stakes food safety litigation, handling complex cases across the country.
• Resources: Our firm has the financial resources necessary to take on large corporations and access top experts to support your case.
• Proven Results: We have a long track record of success, securing significant verdicts and settlements for our clients.

If you or a loved one has suffered from food poisoning or food contamination, contact us today to schedule a free consultation. Let us help you secure the justice and compensation you deserve.