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Forbes
Forbes
24 Oct 2024


A Colorado resident has accused McDonald’s of negligence after he tested positive for E. coli shortly after consuming food from the fast food chain, his attorney says, marking the first lawsuit against McDonald’s since the company’s hamburgers were linked to an outbreak of the bacterial infection, resulting in some hospitalizations and at least one death.

McDonald's To Use Fresh Meat In Its Quarter Pounders

A Colorado man accused the fast food chain of negligence after testing positive for the bacterial ... [+] infection.

Getty Images

Eric Stelly says he tested positive for E. coli after he consumed food from a McDonald’s location in Greeley, Colorado, on Oct. 4 and began experiencing nausea, stomach cramps, dehydration and bloody stools, according to a press release announcing the lawsuit filed in Cook County, Illinois, on Wednesday.

Ron Simon, an attorney representing Stelly, said his client was hospitalized after he “could no longer bear the pain of his illness.”

Stelly—who Simon said is still recovering from his illness—has accused McDonald’s of product liability, negligence and breach of implied warranties.

McDonald’s did not immediately respond to a request for comment.

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Simon says he is representing at least 10 other “victims in the outbreak” and indicated other lawsuits would be filed in their cases against McDonald’s.

Shares of McDonald’s dropped by more than 5% on Wednesday, with the stock reaching its lowest share price in more than a month after dipping below $300. It was the farthest drop for the stock since March 2020, though shares have increased (0.6%) back over $300 as of Thursday.

The Centers for Disease Control and Prevention issued an alert Tuesday for an E. coli outbreak that had impacted 49 people across 10 states, with most sick people reporting eating McDonald’s Quarter Pounder hamburgers. The CDC reportedly said Wednesday the agency “fully [expects] to see more cases,” despite McDonald’s moving “rather quickly” to prevent additional illnesses. Investigators are still probing what ingredient used in the Quarter Pounder was contaminated, and McDonald’s has pulled its fresh slivered onions and quarter-pound beef patties from locations in multiple states. McDonald’s said in a statement the illnesses may be linked to the onions, which came from a single supplier serving three distribution centers.