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Food Poison Journal Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Salmonella Lawsuit Filed in North Carolina

Salmonella North Carolina LawsuitAccording to the Complaint, Bryan McWherter purchased and consumed eggs benedict for brunch in the late morning hours of March 25, 2012 at the Toast of Dilworth restaurant.  The onset of severe gastrointestinal symptoms caused by the Salmonella enteritidis bacteria he had ingested from the food prepared for him on March 25 by the Toast of Dilworth occurred approximately 12 hours after his meal.  Over the next two days, his symptoms progressed to include abdominal cramps, diarrhea, headaches, hypersensitivity to light and touch, and other gastrointestinal difficulties. He saw his primary physician on Tuesday, March 27, and received treatment for his symptoms, including a prescription for antibiotics.  His symptoms continued over the course of the next 10 days. On April 5 he submitted a stool sample that would ultimately test positive, on or about April 11, for Salmonella enteritidis.

While his stool sample results were pending, on or about April 9, Mr. McWherter noticed new symptoms about his body, including left ankle swelling and arthritic pain in the same joint, as well as in the left wrist. The next day, he had extreme pain in his left knee, as well as redness on the knee. The same day, he began to experience similar joint pain in both elbows, though more severely in the left than right.  He brought his new symptoms to the attention of his primary physician on Wednesday, April 11. He was diagnosed with reactive arthritis and placed on an anti- inflammatory called Nabumetone.  He also continues to suffer from altered gastrointestinal function as a result of his Salmonella enteritidis infection.