On March 19th, a lawsuit was filed against Sysco Nashville and Feshpoint INC., the romaine lettuce distributors for Chick-Fil-A in Tennessee, on behalf of Chandler Fussell who was sickened with E. coli after consuming a salad purchased from Chick-Fil-A by his fiancé. The lawsuit was not filed against Chick-Fil-A. stamped summons and complaint Freshpoint Inc – del
Mr. Fussell is represented by Marler Clark, the nation’s food safety law firm, and Rainey, Kizer, Reviere, and Bell, a respected Tennessee firm.
On March 19, 2018, Tatum Carey purchased a salad from the Chick-Fil-A located at 615 McCallie Avenue, Suite 107, Chattanooga, Tennessee for her fiancé, Chandler Fussell. The salad contained romaine lettuce contaminated with E. coli O157:H7. Three days after consuming the salad. Mr. Fussell began experiencing stomach cramps and nausea. The following day his symptoms escalated to severe diarrhea and additional gastrointestinal symptoms.
On March 25, Mr. Fussell sought medical attention from CHI Memorial Hospital in Hixson, Tennessee and from there was transferred to the downtown location in Chattanooga where he was admitted for further treatment. At the hospital, Mr. Fussell was diagnosed with hemolytic uremic syndrome which escalated into kidney failure. As a result, Mr. Fussell required multiple plasmapheresis treatments and remained in the hospital almost two weeks.
In the hospital, Mr. Fussell submitted a stool sample that tested positive for the E. coli O157:H7 strain linked to the multi-state romaine lettuce E. coli outbreak stemming from the Yuma, Arizona growing region. Mr. Fussell’s E. coli infection has left him with permanent injuries requiring ongoing medical treatment.
“Since the Spring of 2018 we have been doing the traceback from the restaurant to the growing that the FDA refuses to be transparent about,” said Marler Clark managing partner, William “Bill” Marler. “Our goal in this case is to find out where the lettuce was grown and determine what could have been done to prevent this,” added Marler.
To date, Marler Clark has filed eight complaints in relation to the nationwide E. coli O157:H7 outbreak including this complaint against Papa Murphy’s, along with one in Georgia against Texas Roadhouse, one in New Jersey against Panera, one in Pennsylvania against Freshway, two in Arizona against Red Lobster, and an additional two in California against Papa Murphy’s. Marler Clark currently represents 95 people sickened in the outbreak, including 12 who developed acute kidney failure.
On April 10, 2018, the CDC announced an investigation into an E. coli O157:H7 outbreak stemming from romaine lettuce grown in the Yuma region of Arizona. There were a total of 210 confirmed cases across 36 states, with 96 hospitalizations and 5 deaths.
Marler Clark currently represents 87 people affected in the outbreak and has filed 12 lawsuits associated with the outbreak.