Teenager Sues Nestle for E. Coli from Cookie Dough

Posted on Jun 30, 2009 
 

A teenager from Yelm, Washington, is suing Nestle USA, Inc. for injury compensation after she contracted E. coli from eating their cookie dough. 
 
After 18 year old Lindsay Phillips consumed the raw Nestle cookie dough in May this year, she started suffering from gastrointestinal symptoms which were first diagnosed as dysentery. Two days later, according to her lawsuit, she was hospitalized with "severe lower abdominal pain and diarrhoea that turned bloody."  
 
After treatment, she was released and told to come back if her symptoms did not clear up or they got any worse. Miss Phillips symptoms continued to worsen and she was readmitted to hospital for further tests and treatment.  
 
Miss Phillips was diagnosed with E. coli 0157:H7 and is now seeking an undisclosed amount in damages, plus attorney fees and court costs, from Nestle through her lawyer, Drew Falkenstein of Seattle law firm Marler Clark LLP PS who have experience in personal injury and product liability cases.  
 
 
In her lawsuit against Nestle, Miss Phillips claims that the company is liable, even though there is a disclaimer on the package warning the consumer against eating it raw, because the product is "defective" and "unreasonably dangerous for its ordinary and expected use because it contained E. coli 0157:H7, a deadly pathogen."  
 
Miss Phillips also claims that Nestle was negligent in its manufacturing, distribution and sale of the cookie dough and that she used it "in the manner expected and intended." Her lawyer pointed out that around 97% of the population also consume this cookie dough raw and that the disclaimer is no defence for Nestle.  
 
Nestle have now voluntarily carried out a product recall on the cookie dough after it was alleged that there was a link between the dough and E. coli outbreaks which are affecting around 70 people in 30 states.