ATLANTA, Georgia – A 6th lawsuit was filed today in the Northern District Court of Atlanta, Georgia on behalf of William Lopresti as a parent of his two daughters who were infected with E. coli O157:H7 from romaine lettuce. The lawsuit was filed against Texas Roadhouse, Inc. by Marler Clark, the food safety law firm and Moraitakis and Kushel, LLP, a local Atlanta firm.
On April 8, 2018, Mr. Lopresti’s daughters consumed romaine lettuce grown in the Yuma, Arizona region while eating a side salad served at a Texas Roadhouse restaurant located at 2475 Barrett Creek Pkwy in Marietta, Georgia. Two days later they both began to experience symptoms of fever, abdominal cramps, vomiting, and bloody diarrhea. On April 13, Mr. Lopresti took his daughter “E.L.” to the emergency room, where she was admitted to the hospital for ongoing treatment. E.L. was released 5 days later but continues to recover as of the date of the complaint.
“Our goal in filing lawsuits against the place of purchase of the contaminated romaine is to force the disclosure of where in the chain of distribution – grower, shipper or processor – the E. coli contamination occurred,” said William Marler, managing partner of Marler Clark. “Only when we find out where the contamination occurred can we do something to prevent the next outbreak,” added Marler.
To date, Marler Clark has filed six complaints in relation to the nationwide E. coli O157:H7 outbreak including this complaint against Texas Roadhouse, along with one in New Jersey against Panera, one in Pennsylvania against Freshway, two in Arizona against Red Lobster, and one in California against Papa Murphy’s. Marler Clark currently represents 86 people sickened in the outbreak, including 11 who developed acute kidney failure.
According to the CDC, as of May 15, 2018, 172 people infected with the outbreak strain of E. coli O157:H7 have been reported from 32 states. Alaska (8), Arizona (8), California (39), Colorado (3), Connecticut (2), Florida (1), Georgia (4), Idaho (11), Illinois (2), Iowa (1), Kentucky (1), Louisiana (1), Massachusetts (3), Michigan (5), Minnesota (12), Mississippi (1), Missouri (1), Montana (8), Nebraska (1), New Jersey (8), New York (5), North Dakota (2), Ohio (6), Oregon (1), Pennsylvania (21), South Dakota (1), Tennessee (3), Texas (1), Utah (1), Virginia (1), Washington (7), and Wisconsin (3). One death was reported from California.
Illnesses started on dates ranging from March 13, 2018 to May 2, 2018. Ill people range in age from 1 to 88 years, with a median age of 29. Sixty-five percent of ill people are female. Of 157 people with information available, 75 (48%) have been hospitalized, including 20 people who developed hemolytic uremic syndrome, a type of kidney failure.
Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $650 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products. The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s. We have proudly represented such victims as Brianne Kiner,Stephanie Smith and Linda Rivera.
If you or a family member became ill with an E. coli infection or HUS after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark E. coli attorneys for a free case evaluation.