Legally Reviewed by:

Jonathan Rosenfeld

March 2, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

When you get BotulismBotulism is a serious illness that can lead to death if not properly treated. Even though the illness is rare, it is extremely dangerous and considered a significant public health emergency requiring immediate medical attention.

Botulism occurs from Clostridium Botulinum bacteria harboring in the dirt. It produces toxins that grow on food, which when ingested can cause serious injury including permanent paralysis or death. In fact, upwards of two out of every three individuals suffering from botulism that do not immediately take the botulism anti-toxin dies from the condition.

Botulism can be acquired from numerous foods that include:

  • Foods canned at home containing low acid content
  • Fermented or home-canned fish
  • Potatoes baked in aluminum foil
  • Commercial foods that are improperly canned
  • Bottled garlic
  • Cheese sauce
  • Any food kept at a warm temperature for an extended time

The toxins produced by Clostridium Botulinum prevent the body’s neurotransmitters from properly functioning. The illness quickly inhibits motor control.

As it progresses, the condition can paralyze the individual completely, usually beginning on the face and eyes and moving down to the throat, torso, and out extremities. When the torso is paralyzed, death can occur because the individual is unable to breathe without ventilated assistance.

Attorneys for Food Poisoning Cases With Botulism

Rosenfeld Injury Lawyers is committed to holding manufacturers and others accountable for food poisoning cases involving botulism. Contact our food poisoning lawyers for a free consultation related to your legal rights and options for recovering compensation.

Common Symptoms of Botulism

With effective medical treatment, the illness will last upwards of 10 days or more. A full recovery from the poisoning can take many months. However, some individuals that suffer from botulism never recover fully. Common symptoms include:

  • Nausea and vomiting
  • Dizziness and fatigue
  • Droopy eyelids
  • Double vision
  • Dry mouth, skin, and throat
  • Difficulty in swallowing
  • Muscle weakness and slurred speech
  • Body weakness and aching
  • Paralysis

Contaminated Food Contributing to Outbreaks of Botulism

Sadly, many individuals become ill through food poisoning from commercially processed foods, home canned goods, and food served at restaurants. Food poisoning is usually the result of contaminated or carelessly prepared food. Foodborne illnesses are caused by a variety of pathogens including fungi, parasites, bacteria, and viruses.

Statistics maintained by the CDC (Centers for Disease Control and Prevention) indicate that nearly 50 million individuals suffered some type of food illness every year. In addition, there are upwards of 500 foodborne illness “outbreaks” investigated by state and local health departments each year.

Most cases involving foodborne illnesses are not a part of an epidemic, but sporadic where a single individual becomes sick by consuming some type of adulterated food. The most common types of food poisoning involve specific pathogenic bacteria including Listeria Monocytogenes, Campylobacter, Salmonella, Shigella and E. coli 0157: H7. The most common foods associated with food poisoning include:

  • Leafy greens
  • Raw eggs
  • Undercooked meat
  • Tuna
  • Oysters and other shellfish
  • Deli meats
  • Deli salads
  • Potatoes
  • Cheese
  • Ice cream
  • Tomatoes
  • Sprouts
  • Berries
  • Peanut butter
  • Melons
  • Raw milk

Botulism and Food Poisoning Liability: Tracing the Contamination to the Source

Many individuals sickened by foodborne illnesses will file a food poisoning lawsuit to hold restaurants, canners, and food processors accountable for their negligence.

Oftentimes, botulism or other food contaminant makes their way into the product during the manufacturing process including when packaging, storing, distributing, and preparing the items for sale. This could include companies that negligently allow raw meat to become contaminated during the slaughtering, preparing, handling or packaging, or displaying phases.

Additionally, farmers might be held liable when raw vegetables, fruits, or other products are contaminated while growing, or during harvest, transport, storing, or packaging. Food and beverage companies along with bottlers can be held legally liable when the foods are improperly prepared, canned, bottled, sealed, or made ready to eat.

Distributors and trucking companies that fail to keep the food refrigerated can also be held liable. So too can grocery stores and other retailers that were negligent in timely removing contaminated goods from their shelves.

Hiring an Attorney to Represent You in a Botulism Food Poisoning Case

If you, or a loved one, have contracted a serious foodborne illness, it is essential to seek medical attention and contact a botulism food poisoning lawyer immediately.

Rosenfeld Injury Lawyers LLC has experience in handling botulism and foodborne illness personal injury lawsuits and claims. We have handled cases involving serious food poisoning with associated bodily injury and/or anaphylactic shock.

Call our attorneys at (888) 424-5757 to schedule a no-obligation free-of-charge consultation. We handle all personal injury lawsuits and claims on contingency. Our legal team fights aggressively to ensure you receive the fair and just compensation you deserve for your injuries.

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
Free Consultation (888) 424-5757