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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

New York couple files lawsuit against Topps

Erin Billups of Capital News 9 did a great interview of our clients last night.  The full interview and video can be found by clicking on the logo above.  Some of the best quotes are below:

“It was a typical, last day of summer camp — water balloons, face painting, cheeseburgers and hot dogs. Didn’t think anything of it. About three days later, she came down with what seemed to be a stomach virus,” said Catherine Basila-McDonald.

Catherine and Robert McDonald thought it was a stomach virus. But when their 8-year-old daughter’s symptoms got worse — stomach cramps, slight fever and diarrhea — they took her to St. Peter’s Hospital. Tests later showed E. coli was to blame.  Her strain was a perfect match for those found in Topps Meat Company beef patties. The first detected in the state, she said it triggered the intense testing and recall.

“As a parent you’re always worried about our child. It was an accident. It’s terrible to be with your child in incredible pain and not know what you can do and not be able to to anything,” said Basila-McDonald.


Basila-McDonald said, “We’re saying to Topps, clean up your act because E. coli can happen, it can happen. But now that we’re hearing that the factories are not living up to the safety codes and had to be shut down, then it’s not just a random occurrence.”

I am proud that the McDonalds had the courage to stand up for their daughter and to brave the gaggle of reporters camped out in front of their home.  More coverage of the story:

Suit sounds alarm on tainted meat

North Colonie family claims girl’s illness linked to Topps hamburger, says legal action a warning for others