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Food poisoning is often an unpleasant but uncomplicated illness. Most people who get sick with a foodborne illness recover on their own with little to no medical attention or complications. However, sometimes a case of food poisoning turns into a serious illness that requires a lawsuit and a food poisoning lawyer.
The food poisoning lawyers at Regan Zambri Long are experienced in various foodborne illness cases, including botulism poisoning. Our law firm is ready and able to take on your case and pursue justice on your behalf. You can schedule a free case evaluation today online or by calling 202-960-4596.
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Botulism is a serious foodborne illness that can have serious and even fatal consequences if it is not diagnosed and treated right away. Unlike other types of food poisoning, botulism attacks the nerves and can leave a victim paralyzed.
Anytime you or your loved one have to seek medical attention because of food poisoning or suspected food poisoning symptoms, you will want to consider consulting with an experienced food poisoning lawyer. You have a right to trust that the food served to you or purchased by you is safe to eat. If you consume contaminated food, you may be entitled to financial compensation for your medical bills and your suffering.
The Centers for Disease Control and Prevention notes that botulism is a rare but serious illness that attacks the nerves. Infections are most often caused by the bacteria Clostridium botulinum, which is found naturally in many places. In most cases, the bacteria does not produce the toxin that causes botulism poisoning, but under the right conditions, the bacteria will cause a foodborne illness, which can lead to difficulty breathing, muscle weakness and paralysis, and even death.
The Centers for Disease Control and Prevention (CDC) reports an average of 110 cases of botulism in the U.S. each year. Foodborne botulism poisoning accounts for approximately 25 percent of these cases.
Food poisoning outbreaks, especially botulism poisoning, can have catastrophic consequences. If you or a loved one suspect botulism poisoning, you should seek medical attention immediately and consult with a food poisoning attorney as soon as possible.
Certain environments are more likely to produce botulism toxins than others. These include environments with low or no oxygen, low acid, low sugar, low salt, and certain ranges of temperature and water levels.
Foodborne botulism is most common within improperly prepared canned goods. Even commercial, store-bought foods can be contaminated with botulism. Botulism cannot be seen, smelled, or tasted, making it a very dangerous kind of poisoning because you might consume a significant amount of contaminated food without realizing that it is toxic.
Some foods that are more likely to be linked with botulism poisoning include:
To prove a personal injury claim for foodborne botulism poisoning, you and your legal team will need to show that your illness resulted from a particular food or dining experience. Due to the severity of botulism, the state and local health departments may get involved in tracing the clostridium botulinum toxins that made you or your loved one ill.
If two or more people can show that the same food or beverage made them ill, the health department may partner with the CDC to investigate the possibility of an outbreak.
To prove a food poisoning case, you will have to show one of the following:
You will have to show that the restaurant, grocery store, or other liable party was negligent in its food handling or food safety. You will also need to work closely with medical professionals to prove that a specific food is what caused your botulism poisoning. Failure to definitively link botulism to a food or meal will most likely result in a failed case.
Strict Products Liability
In this kind of case, you and your legal team will not have to show that the liable party was negligent, only that the food purchased or served was defective and unreasonably dangerous. You will still have to definitively show that the particular food product caused your illness.
Breach of Warranty
Similar to a product liability case, a breach of warranty food poisoning case will show that a certain food caused your illness and that there was a general, implied warranty that the food or product would comply with the ordinary buyer’s expectations—that it would be uncontaminated and safe to eat.
The definitive link can be a challenge in food poisoning cases, which is why it is important to consult with a food poisoning lawyer as soon as possible after receiving medical treatment for your illness. A free consultation with Regan Zambri Long’s food poisoning lawyers will help you understand your rights and the next steps you should take to hold the liable party accountable for your botulism poisoning.
Compensation for a Foodborne Illness
Recovering financial compensation for botulism food poisoning comprises two parts: economic damages and non-economic damages.
Economic damages include direct financial losses such as medical bills, lost wages, and other out-of-pocket costs.
Non-economic damages include pain and suffering, mental anguish and trauma, and emotional distress.
Your food poisoning attorney will help you keep track of your economic losses and also calculate the value of your non-economic losses to determine a fair compensation value for your food poisoning lawsuit.
Botulism poisoning may be rare but it can be life-threatening. If you or your loved one have become ill with botulism poisoning after eating contaminated food, you are entitled to compensation for your financial losses and your suffering. Although a lawsuit may be the furthest thing from your mind, the food safety lawyers at Regan Zambri Long are here to help you.
Our law firms in the DC Metro area are ready and able to take on your case. We will investigate your claim, help you obtain the appropriate medical documentation of your illness, and partner with the appropriate health authorities to prove that your botulism food poisoning was the result of a specific food or dining experience.
Pursuing a botulism poisoning claim can be a kind of public service, helping to stop potential outbreaks and ensure that no one else gets sick. But Regan Zambri Long also knows it is personal to you and your loved ones who have suffered. We will shoulder the legal burden of your case so that you can focus on recovery and healing. We will pursue your best interests until we’ve made a recovery in your favor.
Senior partner, VP, and founding member Salvatore Zambri leads the way in our food poisoning cases, setting the tone with relentless action on behalf of all our clients. Recognized by Best Lawyers as 2020’s “Trial Lawyer of the Year” for products-liability litigation and 2021’s “best lawyer” for the same practice area, you can rest assured that Regan Zambri Long is your best choice for justice.
You can schedule a free consultation with an experienced food poisoning lawyer today online or by calling 202-960-4596.
Q: What Are the Signs and Symptoms of Botulism?
Botulism toxins do not change the look, smell, or taste of the food it infects, which means you won’t know that you have botulism poisoning until you begin to experience symptoms. Symptoms typically begin within 18 to 36 hours after being infected.
Some common symptoms of botulism include:
A victim may not experience all symptoms or may experience a few at a time. If left untreated, a victim is at risk for the toxins to progress to full paralysis of some muscles, such as arms, legs, trunk, and breathing muscles.
If you or a loved one are experiencing any of the symptoms of botulism poisoning, you should seek medical treatment immediately to rule botulism out. Even though common symptoms mirror other types of food poisoning, you do not want to wait for your symptoms to definitively prove botulism poisoning before seeking treatment.
Q:How Is Botulism Poisoning Treated?
Symptoms of botulism poisoning can be common among other conditions, so your doctor will likely need to order tests to confirm a case of botulism before moving to treatment. You may undergo a brain scan, spinal fluid exam, nerve and muscle function test, or lab tests to confirm the presence of the botulism toxin.
If botulism is confirmed, your doctor will treat your infection with an antitoxin, which will halt any further progression of the paralyzing attack. However, if your symptoms are severe or if your case went undiagnosed for a time, you may require further medical treatment, including a hospital stay for several weeks or even months while the damage done by the toxin is healed.
Q: Is Botulism Contagious?
Unlike many other foodborne illnesses, botulism is not spread via person-to-person contact. Foodborne botulism is spread only by consuming contaminated food. You do not have to worry about getting botulism poisoning from being around someone with a confirmed case. However, if you have been around someone with a confirmed case of botulism poisoning, you will want to find out if you ate any of the food that was contaminated.
The CDC reports that fewer than 5 in 100 cases of botulism are fatal. However, some people may die of respiratory failure, infection, or other paralysis complications even after receiving treatment. Others may experience long-term respiratory conditions that require continued medical treatment or therapy.
Once you have been diagnosed with botulism poisoning, you can sue the liable party to recover compensation for your illness and losses. However, you will need to prove that a certain food product or dining experience was the direct cause of your illness.
If you choose to pursue a food poisoning lawsuit, you will want to consult with an experienced food safety lawyer from Regan Zambri Long as soon as possible. Your attorney will help you investigate your illness, request the appropriate tests and documentation, and trace the contamination back to the source.
As with many food poisoning cases, many different parties can be liable. A specific restaurant or retailer could be liable if it was negligent in its duty to provide safe food. The company that produces the product may be liable if its food safety procedures were not up to standards.
Additionally, any other company or group, including large corporations, throughout the chain from production to consumption may be liable if you and your legal team can show that they breached one of the three food poisoning conditions. Your food poisoning case may also include multiple parties sharing liability.
Regan Zambri Long will investigate your food poisoning case and hold all liable parties responsible for unsafe food containing clostridium botulinum.
We know you have many options when it comes to food poisoning lawyers in the DC Metro area. However, Regan Zambri Long prides itself on providing compassionate, top-tier legal counsel and satisfactory results for all our clients. When you hire Regan Zambri Long for your botulism poisoning case, you are entrusting your claim to the best lawyers in the DC, Maryland, and Virginia areas. Recognized by the press and peers alike, our personal injury law firm and team have received many accolades for exemplary service to our communities.
We also operate on a contingency fee basis instead of relying on upfront costs, meaning we don’t collect any fees until we’ve made a recovery in your favor. No one should be left wondering if they can afford to pursue justice. At Regan Zambri Long, we make sure you don’t have to worry about the financial cost—you can focus on recovery and we will handle the legal process.
We have a track record of success, with thousands of dollars recovered on behalf of our clients. We will bring all our experience and success to bear on your food poisoning case.
If you or a loved one has suffered from a case of botulism poisoning, contact the botulism food poisoning lawyers at Regan Zambri Long for a free case evaluation at 202-960-4596.
