Two Chipotle customers sue over E. coli outbreak

Aamer Madhani

USA TODAY

A sign saying "we hope to be opening soon" is pictured outside a new Chipotle Mexican Grill location at University Village in Seattle, Washington on November 3, 2015. An outbreak of E. coli bacteria linked to Chipotle Mexican Grill restaurants has spread, with the number of people sickened rising from 22 to 37, US authorities said November 3, 2015. In the northwest state of Washington 25 people have been infected, up from 19. Twenty-three of them reported eating at a Chipotle burrito outlet before getting sick and nine were hospitalized, the state health department said.

Two customers who were stricken with E. coli after eating at Chipotle Mexican Grill restaurants in the Pacific Northwest filed lawsuits on Friday against the fast casual burrito maker.

The Denver-based national restaurant chain has voluntarily shuttered all 43 of its restaurants in Oregon and Washington state since Oct. 30 in the aftermath of an E. coli outbreak that has sickened at least 41 Chipotle customers in the two states, including 12 who were hospitalized, according to health officials in both states.

Jessica Ellis, of Mount Vernon, Wash., and Chris Collins, of Lake Oswego, followed a Washington state woman, Charmaine Denise Mode, who filed suit earlier this week against the chain that had burnished a health halo by touting "food with integrity."

The Pacific Northwest E. coli episode marked the third major food-borne illness outbreak for the company in three months. In August, the company dealt with a salmonella case in Minnesota and a norovirus outbreak in California that sickened dozens.

Health officials have not been able to hone in on what food product might have spread the E. coli, but Oregon Health Authority said earlier this week that Chipotle customers are most likely sickened by contaminated produce.

People stricken with E. coli most commonly suffer watery or bloody diarrhea and stomach cramps one to 10 days after consuming contaminated food. In the most extreme cases, E. coli can be deadly.

The two new lawsuits come as Chipotle's stock price closed Friday at $612.46, down more than 20% from its Aug. 5 high of $757.77.

More Chipotle E. Coli cases confirmed in Ore., Wash.

Bill Marler, a Seattle-based attorney who is representing Ellis and Collins, said that he has been retained by 10 additional Chipotle customers who say they were stricken with E. Coli restaurants last month. Marler said that the customers he's helping prepare to file lawsuits for include two girls, 8 and 14.

Ellis says in the lawsuit she became ill six days after eating in a Burlington, Wash. Chipotle, and would experience bloody diarrhea, a telltale symptom of E. Coli, for several days. She was forced to miss work and cancel a Hawaii vacation as result of her ailment.

She is seeking damages in excess of $75,000, according to the lawsuit.

Collins experienced similar symptoms, two days after eating a chicken bowl at a Chipotle on Oct. 23. He has been unable to work since Oct. 29, and is still trying to recover from his illness that sent him to the emergency room, according to the lawsuit. A stool sample confirmed he had been stricken with E. Coli.

A spokesman for Chipotle did not respond to a request for comment.

The restaurant chain announced earlier this week that it was taking several steps to bolster food safety in light of the crisis. The company said it was conducting environmental and food testing in its restaurants and distribution centers, deep cleaning its closed restaurants, and hiring two food safety consulting firms to assess and potentially bolster the company's food safety procedures.

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