A Nebraska woman's lawsuit against McDonald's over an E. coli outbreak linked to the fast food giant's Quarter Pounders has come under national scrutiny. The Centers for Disease Control and Prevention (CDC) confirmed Tuesday that 49 people in 10 states have been affected, with symptoms ranging from severe abdominal pain to, in one case, death. As the investigation unfolds, this incident raises important questions about food safety, corporate responsibility, and the duty of care restaurants owe their customers. In this blog, we look at the legal landscape around this outbreak related to consumer rights, food safety regulations, and McDonald’s response to the crisis.
The case started when Nebraska resident Clarissa DeBock became seriously ill with E. coli symptoms after eating at her local McDonald's. DeBock ate a Quarter Pounder a few days before experiencing abdominal cramps and nausea that took her to the emergency room. Testing confirmed that she had contracted the O157 strain of E. coli, which the CDC later linked to the outbreak. DeBock sued McDonald's for medical expenses, lost wages, and physical and emotional suffering.
The outbreak, which includes several states, has affected at least 49 people, 10 of whom had to be hospitalized and one of whom died. McDonald’s said it traced the likely source of contamination to slivered onions from Taylor Farms. It has temporarily halted distribution of the onions and removed the Quarter Pounder from affected areas. While this response protects public health, it may only be the beginning of McDonald’s legal and reputational challenges.
The outbreak has far-reaching legal implications. Exploring these aspects helps clarify the obligations that food businesses have to their customers and the legal consequences when foodborne illnesses occur.
Under the Food, Drug & Cosmetic Act (FDCA), the U.S. Food and Drug Administration (FDA) oversees regulations to ensure food safety. The FDA typically regulates packaged foods, but it also monitors contamination outbreaks among fresh produce, such as the slivered onions linked to this case. The FDA and CDC are investigating the outbreak, including whether Taylor Farms, the supplier, followed proper procedures for handling, storing, and testing the onions.
Restaurants and their suppliers are expected to comply with the regulatory requirements of FDA food safety standards, such as Hazard Analysis and Critical Control Points (HACCP). These standards require food producers to locate potential hazards in production, implement controls to prevent them, and test regularly to catch contaminants before they reach consumers. If it is proven they did not meet the testing requirements, Taylor Farms may be held liable under FDA regulations, resulting in fines, recalls, or other penalties.
The duty of care of a restaurant or food supplier is to serve uncontaminated and safe food. That means if they don’t practice safe food handling, they can be held liable for harm. In DeBock’s case, her attorney says McDonald’s “breached that trust” by serving contaminated food and that McDonald’s should pay for her medical costs and suffering.
Plaintiffs in foodborne illness cases generally assert negligence, claiming that the defendant failed to exercise reasonable care in preventing contamination. The question for McDonald’s and its suppliers may be whether they did enough to ensure the onions were safe to eat. But even if contamination occurred at the supplier level, McDonald’s might still be found partially liable, as it has the last word in which ingredients go into its kitchens and who supplies it.
Under the doctrine of strict liability, McDonald’s could also be held liable simply for selling a defective product that caused harm, regardless of fault. In cases of food-borne pathogens, courts often hold food sellers strictly liable, such that proving negligence is unnecessary. Considering the outbreak's severity and how many consumers were affected, McDonald’s could face multiple claims, some of which may be consolidated into a class action.
Plaintiffs in foodborne illness cases often opt for class action lawsuits, which permit several plaintiffs with similar claims to cooperate. In this outbreak, McDonald’s customers in 10 states have reportedly experienced symptoms, some of them very severe. Ron Simon, an attorney representing DeBock and other plaintiffs, said he is preparing cases for other clients who became ill, which could result in a class action suit.
A class action lawsuit would make the legal process easier for affected consumers collectively seeking compensation for medical expenses, lost income, and pain and suffering. Such a case might also raise the chances of McDonald's settling, allowing the US hamburger chain to avoid further courtroom exposure and the potential reputational damage and legal costs that can follow.
The McDonald’s Quarter Pounders E. coli outbreak serves as a reminder of the importance of food safety, supply chain responsibility, and consumer protection. As his case progresses, it is a reminder of food providers’ responsibility to promote public health and the risks of breaking that trust with customers.
If you have been affected by a similar situation or have questions about food safety and liability, consider consulting with an attorney specializing in foodborne illness and product liability law.
