Gas station facing product liability suit over botulism in cheese

On Behalf of | May 22, 2017 | Products Liability

Consumers who stop at an Ohio gas station to grab nachos could be thinking about any number of things, like the hurry they’re in or how hungry they are. One thing they are not likely considering, however, is their chance of contracting food poisoning from the snacks they purchase. In another state, a woman recently filed a product liability lawsuit after just such an occurrence.

The 33-year-old is only one of 10 cases involving people who have contracted botulism after, officials believe, they ate the nacho cheese sauce served at a local market. Botulism is a rare but serious form of food poisoning. Hours after stopping for chips and nacho cheese sauce, the woman became fatigued. The next day, after experiencing double vision, vomiting and difficulty breathing, she went to the emergency room.

By the following day, the California woman had to be ventilated and admitted to the intensive care unit, where she has remained since. Neurotoxins have severely affected the plaintiff’s motor control, so that she can no longer even open her eyes unassisted. Her medical bills are mounting quickly.

For her ever-increasing medical costs and her pain and suffering, the woman and her family filed a product liability lawsuit against the gas station for negligence and breach of implied warranty. While officials are still uncertain of how the botulism outbreak originally began, they are seeking answers and attempting to hold responsible parties accountable. Damages sought in the lawsuit have not yet been estimated, though past cases involving botulism cases have involved millions of dollars. Anyone in Ohio who has likewise suffered food poisoning or has been seriously harmed by a product may benefit from seeking the counsel of a seasoned attorney with experience in similar product liability cases.

Source:, “Botulism outbreak from gas station nacho cheese prompts lawsuit”, Sammy Caiola, May 16, 2017


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