Another Lawsuit Filed Over Tainted Toll House Cookie Dough

A lawsuit has been filed on behalf of a Colorado child who fell gravely ill and had to be hospitalized after eating raw Toll House cookie dough that is suspected of carrying a strain of E. coli bacteria.

It is the second such lawsuit against Nestle USA, the maker of refrigerated, prepackaged Toll House cookie dough products recalled last week after reports of consumers becoming ill after eating the dough. Earlier this week, a Northern California woman sued Nestle after she said eating some raw Toll House cookie dough landed her in a hospital for a week with severe food poisoning.

Madison Sedbrook, 6, of Denver, Colorado reportedly ate raw cookie dough several times in April 2009. Soon after, the girl started to suffer fatigue, fever, nausea, vomiting, and other flu-like symptoms. However, the girl and her family did not associate the symptoms with consuming the raw cookie dough and continued eating it over the course of several weeks.

By early May, the girl was experiencing more severe abdominal cramping and bloody diarrhea. The girl eventually was admitted to a pediatric intensive care unit, where she was diagnosed with hemolytic uremic syndrome (HUS) caused by E. coli infection and nearing kidney failure.

Testing later determined the same strain of E. coli 0157:H7 that sickened Madison also has been detected in samples of Toll House cookie dough, according to the suit.

“This child and this family have been through a terrible ordeal, not the least of which is how many times they sought care before E. coli was detected,” said attorney Bill Marler, who is representing Madison’s family in the lawsuit. “In order to detect and limit foodborne illness outbreaks, we have to make changes in our healthcare system; doctors and emergency health providers need to be encouraged to test for foodborne pathogens any time these symptoms – especially bloody diarrhea – are present.”

The lawsuit seeks damages for Madison’s medical bills, expected to be between $50,000 and $100,000.

Nationwide E. Coli Outbreak Continues

According to the Centers of Disease Control and Prevention, there are now at least 70 cases of E. coli contamination in 30 states associated with tainted Toll House cookie dough products. Of those sickened by the products, 30 people have been hospitalized and seven have developed HUS as a result of the E. coli contamination.

Nestle has halted manufacturing the cookie dough products in question and reportedly is working with the Food and Drug Administration to determine the cause of the E. coli contamination.

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