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3rd Shigella Lawsuit Filed Against Subway

By Dan Flynn and Suzanna Schreck

In late February, at least 50 people became ill with shigellosis, a type of food poisoning caused by the ingestion of Shigella bacteria, after eating food made at a Subway restaurant in Lombard, IL.  Tuesday, Michael Carpino became the third victim of the outbreak to file a lawsuit against the restaurant.

According to a complaint filed in Dupage County Circuit Court by Seattle-based Marler Clark and Chicago-based Newland, Newland & Newland, the 45-year-old Wheeling, IL resident consumed a sandwich prepared at the Subway restaurant located at 1009 East Roosevelt Road in Lombard on February 25.  The following day, he fell ill with symptoms of shigellosis, which include vomiting, diarrhea, and abdominal cramps.

Carpino's symptoms worsened over the next several days, and on March 2 he sought treatment from his primary care physician.  By March 3 his diarrhea had become bloody and he submitted a stool sample for testing.  

On March 5, Carpino again sought treatment, this time  at a local Urgent Care facility.  While there, he learned the stool sample he had submitted on March 3 had tested positive for Shigella and he was started on a course of antibiotics.

"Although his infection is resolving, Michael continues to suffer the ill effects of eating a Subway sandwich," said Marler Clark attorney Drew Falkenstein.  

Falkenstein is the lead attorney representing 38 victims of the Shigella outbreak.  Together with Newland, Newland & Newland, he has filed three lawsuits against the restaurant.  

"When you eat at a restaurant--especially a national chain restaurant, you expect to be served safe food.  Michael Carpino and everyone else who became sick during this Shigella outbreak deserved better," Falkenstein added.

Falkenstein said Carpino is seeking damages including medical expenses and lost wages.  

Full post as published by Food Safety News on March 17, 2010 (boomark / email).