Lawsuits filed against McDonald's over E. coli outbreak linked to Quarter Pounders
A McDonald's customer this week filed a lawsuit against the fast food giant in connection to an E. coli outbreak linked to the chain's Quarter Pounder which officials said killed at least one person and sickened dozens across the U.S. in recent weeks.
Eric Stelly, who filed the suit in Cook County Circuit Court in Illinois, ate food from a McDonald's in Greeley, Colorado, three weeks ago and began experiencing symptoms including nausea, cramps, and bloody stools — the most “common symptom” of E. coli poisoning — according to a news release from Houston-based attorney, Ron Simon, one of his attorneys in the civil case.
The 10-page lawsuit obtained by Paste BN accuses McDonald’s of negligence, product liability, and other claims involving the illnesses.
It comes one day after the Centers for Disease Control & Prevention (CDC) and the U.S. Food and Drug Administration issued a food safety warning in connection to the outbreak, launching an investigation into the sandwich in conjunction with the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS).
In a statement released Thursday, Stelly told Paste BN he's eaten at McDonald’s for years.
"Never did I expect to suffer like this from eating a burger," Stelly wrote. "I hope my lawsuit can shed light on how this happened so that McDonald’s can fix the problems and prevent them from happening again."
Paste BN has reached out to McDonald's about the lawsuit.
More lawsuits expected to be filed against McDonald's in E. coli outbreak
Clarissa DeBock, another Nebraska resident, has also filed suit against McDonald's last week and is represented by Simon. She was found to have E. coli infection after eating at McDonald's on Sept. 18, according to the lawsuit filed in Cook County Circuit Court in Illinois.
"I could just tell that something was off by the cramps, just because they were so bad," she told NBC News, which first reported the suit. "You get cramps with the flu and stuff, but it was different."
More lawsuits are likely, said Simon, who told Paste BN his firm represents 29 victims who claim to be affected by the E. coli outbreak. Another Nebraska woman filed the lawsuit Friday against McDonald's in connection with the E. coli outbreak.
Sarah Johnson, of Eagle, Nebraska, said she became ill after eating a Quarter Pounder on Sept. 28 at a McDonald's in Waverly, per the suit filed in U.S. District Court in Lincoln.
Five days later, Johnson began suffering stomach pains and diarrhea, according to the lawsuit. Her symptoms worsened and she was treated for severe dehydration, abdominal pain, diarrhea, and bloody stools, on Oct. 6 at CHI Health St. Elizabeth Hospital in Lincoln.
The local health department contacted her Oct. 8 notifying her of a positive result for E. coli O157:H7, the strain identified by the Centers for Disease Control and Prevention in the outbreak linked to Quarter Pounders. Johnson continued "to suffer significant pain and other physical effects of her illness until after October 20, 2024," according to the suit, which accuses McDonald's of negligence in failing "to adequately monitor the safety and sanitary conditions of their premises."
There's likely "more lawsuits to follow," food safety lawyer Bill Marler, one of the attorneys representing Johnson, told Paste BN.
Burger pulled from some McDonald's restaurants
McDonald's has pulled the Quarter Pounder from about one-fifth of its restaurants over concerns linking the sandwich to the E. coli outbreak. At the same time, the chain this week said consumers should feel safe eating at its restaurants across the nation.
Investigators suspect that the slivered onions on the Quarter Pounders are the likely culprit instead of the beef patties, but they are working to determine the contaminated ingredient.
The onions used on the Quarter Pounder come from a single supplier in the affected regions, company spokespeople said during a Wednesday briefing.
Beef patties used in making the sandwich in the affected areas come from multiple suppliers, making it a less likely culprit, McDonald's reported. The FSIS has not yet finished its investigation into beef used, so there's no finality, the company said.
"Given the recent events of the past 24 hours, our priority is to reinforce the confidence of American consumers," McDonald's USA President Joe Erlinger said Wednesday on NBC's "Today" show.
What is E. coli?
According to the CDC, E. coli (Escherichia coli) are bacteria found in the environment, food, and the intestines of people and animals.
Although most bacterial strains are harmless, some strains can make people sick and cause diarrhea, urinary tract infections, respiratory illness, or pneumonia, according to the CDC.
What states are impacted by the E.coli outbreak?
As of Friday, 13 states reported illnesses linked to the E. coli outbreak, according to the CDC.
- Colorado
- Iowa
- Kansas
- Michigan
- Missouri
- Montana
- Nebraska
- New Mexico
- Oregon
- Utah
- Washington
- Wisconsin
- Wyoming
Colorado has the most cases of illness at 26, followed by Montana (13) and Nebraska (11). The rest of the states reported five or fewer cases.
States where Quarter Pounder sales have been suspended
McDonald's said in a statement that Quarter Pounders have been pulled from restaurants across the following states:
- Colorado
- Kansas
- Utah
- Wyoming
It has also been removed in portions of:
- Idaho
- Iowa
- Missouri
- Montana
- Nebraska
- Nevada
- New Mexico
- Oklahoma
"Many more illnesses are expected to be reported," Stelly's additional attorneys, including the Chicago-area personal injury firm Meyers & Flowers, wrote in the suit.
McDonald's global headquarters are based in Chicago.
Where is Quarter Pounder being removed? McDonald's locations in states impacted amid E. coli outbreak
'McDonald's breached that trust'
The first suit demands a jury trial and seeks more than $50,000 in damages.
"Through this lawsuit and others, we will hold McDonald’s and its suppliers accountable for this unfortunate tragedy," Simon, who said he represents more than a dozen other victims sickened by the food, told Paste BN Thursday. "American consumers should be able to trust that the food they are served is safe from contamination. McDonald’s breached that trust, and will now have to earn it back."
This story has been updated with new information and to fix a misspelling.
Contributing: Mary Walrath-Holdridge
Natalie Neysa Alund is a senior reporter for Paste BN. Reach her at nalund@usatoday.com and follow her on X @nataliealund.