Athens, GA - The boy whose illness led to last year's recall of hamburger sent to schools, military posts, and prisons in the South has now sued the company responsible for his injuries.
Stephen Tyler Roberts of Comer, Georgia sued Bauer Meat Co. of Ocala, Florida in U.S. District Court in Athens, Georgia. Stephen and his parents, Gary and Cheryl Roberts, are represented by Garcia & Powell of Athens and Marler Clark of Seattle.
The 12-year-old boy last April ate a hamburger contaminated with the E. coli 0157:H7 bacteria that was supplied to his elementary school cafeteria by Bauer Meat Co. That triggered an investigation by health and food safety authorities that led to a May recall of 38,000 pounds of hamburger that Bauer distributed to major institutions in North Carolina and Georgia.
Last October, the United States Department of Agriculture shut down Bauer Meat Co., saying E. coli contamination made the product “unfit for human consumption.” The company is also a target of investigation by USDA's Office of the Inspector General.
“Stephen is already something of a hero,” says attorney Ralph Powell. “His illness led to investigations that prevented harm to others. His suffering, though, has been severe. Hemolytic Uremic Syndrome (HUS) caused by the E. coli infection requires ongoing medical care and assistance.” Stephen was hospitalized for over a week and required blood transfusions. He did not require dialysis.
The lawsuit, which seeks unspecified damages, alleges that Bauer Meat Co. not only failed to make hamburger that was reasonably safe, but violated state and federal law in shipping contaminated meat to Georgia, says attorney Bruce Clark. “Bauer Meat failed to adequately guard against the E. coli bacteria or warn anyone that the bacteria might be present in its meat -- meat it knew would be consumed by children,” Clark said. “It's only fair that Bauer be held accountable for the damages its actions caused Stephen and others.”
The Seattle law firm assisting on the Roberts case specializes in representing victims of food borne illness. Since 1995, Marler Clark attorneys have obtained settlements of more than $45 million for cases involving E. coli from such companies as Jack in the Box, Odwalla, McDonalds, and Costco. The firm also presently represents most of the children injured as a result of E. coli contamination that occurred in June 1998 from the White Water Park near Atlanta.
Meat Industry Insights News Service
P.O. Box 553
Northport, NY 11768
Phone: 631-757-4010
Fax: 631-757-4060
E-mail: sflanagan@sprintmail.com
Return to Home Page