Lawyers acting on behalf of two people made ill by the E. coli outbreak linked to lettuce leaves have launched a lawsuit against Tesco and Asda seeking damages.
Law firm Fieldfisher told the PA news agency it has sent letters of complaint alleging breaches of the Consumer Protection Act over own-brand sandwiches bought in supermarkets.
The charges relate to an 11-year-old girl from the North West and a man from the South East.
Britain’s Health Security Agency said on Thursday that one patient had died in the E. coli outbreak, which investigators say is linked to salad used in sandwiches.
According to Fieldfisher, the claim against Asda relates to the 11-year-old girl who became infected with E. coli after eating a store-brand chicken salad sandwich she bought in one of Asda’s stores.
“The 11-year-old girl developed a serious condition called hemolytic uremic syndrome (HUS), which affects the kidneys, and has been on dialysis for three weeks,” the report said.
“She was discharged home two days ago but may be at risk of permanent kidney damage. Her mother purchased three of the sandwiches as part of an online delivery.”
The company’s legal director, Harvinder Kaur, said she had written a separate letter to Tesco on behalf of an adult male from south-east England who had also been admitted to hospital with symptoms of E. coli after eating Tesco salad sandwiches.
“Thankfully this client did not develop HUS and is now home, but he was seriously ill for a period of time,” she said.
“By law, companies that produce food must ensure that it is safe to eat.
“If it causes illness, this is a breach of their duty and the injured are eligible for compensation, not least to fund possible ongoing medical care.
“My client was a regular at Tesco and bought his lunch there most days as it was very close to his work.”
Several food manufacturers have recalled sandwiches, wraps and salads sold in major supermarkets and chain stores due to the spread of E. coli.
The UKHSA reported that the number of cases they are seeing is decreasing, but more will come to light as more samples are referred to them from NHS laboratories.
So far, there have been 182 cases in England, 58 in Scotland, 31 in Wales and four in Northern Ireland. The latest cases are believed to have contracted the infection in England.
At least 122 people have been admitted to hospital for treatment since the outbreak began.
Darren Whitby, head of incidents at the FSA, said on Thursday it suspected a type of lettuce used in sandwiches was the likely cause of the outbreak.
He added: “While we are confident that the source of the outbreak is likely related to lettuce, work is ongoing to confirm this and identify the root cause of the outbreak with growers, suppliers and manufacturers so that measures can be taken to prevent recurrence.”
E. coli is a diverse group of bacteria that are normally harmless and live in the intestines of humans and animals.
However, there are also strains that produce toxins that can make people seriously ill, such as the Shiga toxin-producing E. coli (Stec), the strain involved in this outbreak.
People infected with Stec may suffer from diarrhea. In about 50% of cases, there is bloody diarrhea.
Other symptoms include stomach cramps and fever.
In uncomplicated cases, symptoms can last up to two weeks.
Some patients, mainly children, may develop HUS, which is a serious life-threatening condition leading to kidney failure.
A small proportion of adults may develop a similar condition called thrombotic thrombocytopenic purpura (TTP).
Stec is often transmitted by eating contaminated food, but can also be spread through close contact with an infected person, or through direct contact with an infected animal or the place where it lives.
People are advised to call NHS 111 or contact their GP if they have any concerns about a baby under 12 months, if a child stops breastfeeding or bottle feeding while unwell, if a child under five shows signs of dehydration (such as fewer wet nappies), and if older children or adults continue to show signs of dehydration after using oral rehydration bags.
Help should also be sought if a person is ill and cannot keep fluids down, if there is bloody diarrhea or bleeding from the anus, if the diarrhea lasts for more than seven days, or if vomiting occurs for more than two days.