Parker, Waichman, Alonso LLP

Home » Articles

Another Kroger E. Coli Lawsuit

Jul 2, 2008 | Parker Waichman Alonso LLP

Another lawsuit has been filed against the Kroger Company grocery store in response to the multi-state E. coli poisoning that sickened dozens and has been linked to ground beef purchased at Cincinnati-based Krogers.  The woman, Amanda Adam of suburban New Albany, was sickened with E. coli, according to the lawsuit filed Monday against the nation's largest traditional grocery chain.  Adam named Kroger and the beef supplier, which had not been named at the time of the filing, in the suit, which accuses Kroger of negligence and is seeking at least $25,000 in damages.

Adams’ lawsuit claims she bought two beef patties from a Kroger store in Dublin on June 4 and cooked them that same day.  Adam alleges that she began feeling ill on June 8 and was admitted to a Cincinnati hospital on June 10.  Kroger spokeswoman Meghan Gylnn said Kroger’s does not comment on pending litigation.  On June 25, Kroger initiated a voluntary recall of all ground beef sold between May 21 and June 8 at stores in Michigan as well as in Columbus and Toledo, Ohio.

Yesterday, we reported that Zachery Everhart who become sick with E. coli linked to Kroger’s was planning on filing a lawsuit against Kroger’s, as well.  Everhart’s attorney plans to file a product liability claim against Kroger and its beef supplier.  Everhart said that he wants his medical bills paid for and is looking to send a message to those who sell, prepare, and process ground beef to pay closer attention to how they clean the food they sell.  “It was very painful, actually severe abdominal pains for probably a duration of four days,” Everhart said.

Meanwhile, it was only after health department announcements that a two-state E. coli outbreak was linked to its tainted beef did Kroger’s Grocery finally issue a recall, despite that all evidence for days prior was pointing to its meat as having poisoned dozens.  All those stricken have been infected with the same strain of E. coli as that found in the contaminated Kroger meat and include at least 14 hospitalizations, with one patient developing hemolytic uremic syndrome (HUS), a type of kidney failure.

Kroger has been involved in no less than four ground beef recalls involving meat suppliers and processors, according to its own news release archives.  In July 2002, Kroger recalled all of its ground beef products because one of its suppliers, ConAgra Beef—one of the nation's largest beef processors—discovered E. coli in a sample of its meat.  In August 2001 and December 2000, Kroger recalled ground beef because meat from American Foods Group Inc.—a Green Bay Wisconsin-based wholesale meat supplier—was found to have the same strain of bacteria.  Immediately following the 2001 recall, Kroger recalled ground beef after IBP Inc., a wholesale meat supplier based in Dakota City, Nebraska, found E. coli in some of its meat products.

Central Ohio health departments have reported 18 cases of E. coli illnesses in a recent outbreak and the Columbus health department is telling consumers not to eat beef bought from Kroger during that time. Michigan health officials have confirmed at least 16 cases of E. coli illnesses.