Food Poisoning Injury and Foodborne Illness
According to the United States Food & Drug Administration (FDA), every year an estimated 1 in every 6 Americans will be affected by food poisoning. 48 million people will get sick this year. More importantly, nearly 128,000 Americans will be hospitalized and 3,000 will die.
Jed Dietrich, Esq and his team of seasoned lawyers and paralegals at the Dietrich Law Firm P.C. are experienced in handling food poisoning injury claims in Buffalo and throughout the United States. We can assist you in evaluating whether your sickness was caused by food poisoning.
Jed Dietrich, Esq. has represented clients who have sustained serious kidney damage as a result of consuming contaminated frozen food products manufactured by large multinational food manufacturing companies.
Hemolytic Uremic Syndrome (HUS) can be caused by food poisoning. This is a serious and sometimes deadly medical condition that affects the kidneys. If you, or a loved one, were diagnosed with Hemolytic Uremic Syndrome (HUS), contact us immediately as evidence must be preserved as soon as possible.What is a Food Poisoning Case and What is Foodborne Illness?
Food poisoning cases and foodborne illness claims refer to a sickness, infection, irritation or inflammation of the gastrointestinal (GI) tract as a result of eating contaminated or undercooked food. Food contamination can occur at various stages of the handling process including its growth, shipment, preparation and storage.
Common forms of foodborne illness include:
- B. cereus (food poisoning);
- E. coli;
- E. coli O157:H7;
- Hepatitis A;
- Listeriosis; and
If you, or a loved one, got sick after eating poisoned food, tainted food or contaminated food, call Jed Dietrich, Esq. and his top rated team at (716) 839-3939 as soon as possible for a free consultation. We are available 24 hours per day, 7 days per week and there is never a fee until we WIN for you!What are the Symptoms of Food Poisoning and Foodborne Illness?
People typically show symptoms of food poisoning and foodborne illness anywhere from one hour to several days after eating poisoned, tainted, contaminated or undercooked food.
Common symptoms of food poisoning and foodborne illness include, but are not limited to:
- Abdominal cramping;
- Bloody stool;
- Nausea; and
People who have experienced these, or similar symptoms, should seek treatment from a health care professional as soon as possible.
A claim for food poisoning and foodborne illness requires a diagnosis by a medical professional to identify the cause of the illness. A diagnosis can often be made after testing a stool, urine or blood sample.What are the Consequences of Food Poisoning and Foodborne Illness?
Food poisoning sickness can last from several days to months. Food poisoning can even lead to death. Children, the elderly, pregnant women and those with weakened immune systems are particularly vulnerable to suffering serious consequences as a result of eating poisoned, tainted or contaminated food.
In addition to short-term sickness and discomfort, individuals who become sick from a food poisoning or foodborne illness can suffer other serious and permanent injuries. These include:
- Hemolytic Uremic Syndrome (HUS), a condition in which toxic substances produced in an individual’s digestive system destroy red blood cells and cause damage or failure of the kidneys;
- Brain and nerve damage, a condition in which the membranes surrounding the brain become inflamed and often result in seizures, paralysis or blindness; and
- Reactive arthritis, a condition in which the joints become inflamed in response to an infection located in another part of the body–commonly the intestines, urinary tract or genitals.
If you, or a loved one, became sick after eating poisoned, tainted or contaminated food, Jed Dietrich, Esq. and his top rated team of lawyers and paralegals are committed to helping those suffering from food poisoning and foodborne illness. Contact our office today for your free consultation at (716) 839-3939. We will make sure to fight for every avenue of compensation.What to Do if You Became Sick After Eating Contaminated Food?
Bringing a claim as a result of eating a poisoned food product requires the preservation of evidence to establish a causal connection between the food an individual ate and the illness that the individual suffered.
Determining that the food was contaminated by a foodborne bacteria or pathogen by having experts test food samples is often necessary to establish your case.
If you suspect that you may have eaten poisoned, tainted or contaminated food:
- Seek Medical Treatment: Your health is most important! If you think that you have become sick because you ate contaminated or undercooked foods, prompt testing by a medical professional is crucial.
- Preserve Food & Packaging: In the event that you have any remnants of the food or food packaging from a food product that you suspect may have caused your sickness, save those items to help prove your case.
This is important evidence that can be sent for testing and may link your illness to a manufacturer, supplier or restaurant.
- Call the Dietrich Law Firm P.C. Immediately!: A claim for food poisoning and foodborne illness requires quick preservation of evidence. The appropriate health departments and other governmental agencies must also be contacted swiftly. There are strict time constraints to bringing food poisoning cases.
Contact Jed Dietrich, Esq. and his team of top rated lawyers and paralegals as we are food poisoning injury and foodborne illness lawyers in Buffalo, New York. We will fight for you.
Our Buffalo, New York food poisoning injury and foodborne illness lawyers will fully investigate the source of the sickness. We are totally committed to holding restaurants, supermarkets, farmers, big box stores, fast food chains, food processors, wholesalers, distributors, retailers and caterers accountable.
Jed Dietrich, Esq. and the lawyers at the Dietrich Law Firm P.C. understand the significant impact that eating poisoned food can have on an individual’s physical and mental health. We will treat you with respect, compassion and care as we fight to obtain the best result for your injury case.Investigating Your Food Poisoning Case
We will obtain information through the formal legal process to determine how your food was contaminated. We will also obtain records using the Freedom of Information Act (FOIA) to gather evidence from the following organizations:
- United States Department of Health and Human Services;
- United States Food and Drug Administration (FDA);
- United States Department of Agriculture;
- New York State Department of Agriculture;
- New York State Department of Health;
- Erie County Health Department; and
- Any other entity that may have records to help prove how you were sickened.
Because of the strict product liability rule in New York State, any company or individual within the distribution chain of a poisoned, contaminated or tainted food product is held accountable for food poisoning, foodborne illness or injuries from food recalls, including:
- Big Box Stores;
- Fast food chains;
- Food processors;
- Retailers; and/or
Each entity within the distribution chain is under an obligation to provide food that is not poisoned, tainted or contaminated. Jed Dietrich, Esq. and his team of top rated lawyers and paralegals fight to obtain the best result for you after a food poisoning injury.Strict Product Liability
New York State has laws in place regarding strict product liability for food poisoning cases. The strict product liability law states that if you become sick because of contaminated food, it is only necessary to prove causation to recover for your food poisoning injury. Strict product liability provides that in order to hold a defendant accountable for food poisoning injuries, the following things must be proven:
- The food in question was contaminated;
- The food was used as intended; and
- The contamination caused injuries.
This standard of liability can typically be met easily. We do not have to show that the defendants were negligent to obtain compensation.Consulting with Experts to Get the Best Results for You
Jed Dietrich, Esq. and his team at the Dietrich Law Firm P.C. work with your treating medical doctors to determine your diagnosis, prognosis and the long-term effects of your sickness.
Jed Dietrich, Esq. and his staff at the Dietrich Law Firm P.C. have retained the preeminent experts on food poisoning to assist in the prosecution of food poisoning injury cases.
Doctor William Clark of the London Health Sciences Centre of London, Ontario, Canada is one of many top experts that has been utilized to obtain top results for Hemolytic Uremic Syndrome (HUS) cases as a result of food poisoning. Dr. Clark routinely reviews the following to evaluate a claim:
- Emergency room records;
- Diagnostic results such as kidney efficiency testing;
- Microbiology reports;
- Dialysis reports;
- Blood test reports;
- Creatinine EGRF lab results; and
- Albumin lab results.
Jed Dietrich, Esq. and his team also retain and enlist nationally-known physiatrists to help you. The American Academy of Physical Medicine and Rehabilitation defines a physiatrist as a physician who “treats medical conditions affecting the brain, spinal cord, nerves, bones, joints, ligaments, muscles and tendons.”
Moreover, vocational rehabilitation experts may be retained and enlisted by Jed Dietrich, Esq. and his team to provide opinions about a person’s lost capacity to work.
Finally, economists are employed to provide detailed opinions about a person’s long-term loss of earnings and future medical expenses.
Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!