Tesco and Asda are being sued by customers including the family of an 11-year-old girl who became seriously ill after eating own-brand sandwiches linked to a coronavirus outbreak. E. coli.
The supermarkets are facing legal action after a child and an adult were left in hospital. One person has been confirmed to have died and more than 120 others, including a six-year-old, have been hospitalized in Britain due to the bacteria.
Several food manufacturers have recalled sandwiches, wraps and salads sold in major supermarkets and high street chains over fears they are linked to the outbreak. The Food Standards Agency has previously said lettuce used in the products is suspected to be the source of the outbreak.
The UK Health Security Agency (UKHSA) said in a briefing on Thursday that two people in England died within 28 days after being infected with shiga toxin-producing E. coli (Stec).
“Based on available information from health care providers, one of these deaths is likely related to their Stec infection,” the agency said. “Both individuals had underlying medical conditions. The deaths occurred in May.”
One victim, whose family is suing Asda, is an 11-year-old girl from the North West who became seriously ill and was admitted to hospital and put on dialysis for almost three weeks after eating their chicken salad sandwich.
She was discharged two days ago but may be at risk of permanent kidney damage. Her mother bought three of the sandwiches online, a legal brief said.
The child developed hemolytic uremic syndrome (HUS), a clinical syndrome associated with Stec that can lead to renal failure and death.
Claire Glasgow, from law firm Fieldfisher, which is representing the girl’s family, said: “Thankfully she is now stable enough to return home, but HUS is a very serious condition that can cause permanent damage to the kidneys and affect people for life.”
Fieldfisher’s lawyers sent a letter of claim to Asda supermarket on behalf of the girl, alleging breaches of the Consumer Protection Act 1987.
Harvinder Kaur, director at Fieldfisher, has also sent a letter of claim to Tesco on behalf of an adult male client from the South East for breaching the same law. He was also hospitalized with I coli symptoms after eating own-brand sandwiches with salad.
“Fortunately, this client did not develop HUS and is now at home, but he was seriously ill for a period of time. 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,” said Kaur.
E. coli is a diverse group of normally harmless bacteria that live in the intestines of humans and animals. However, some species produce toxins, such as Stec, that can make people very sick.
Stec can cause diarrhea, which is bloody in about 50% of cases. Other symptoms include stomach cramps and fever. In uncomplicated cases, symptoms can last up to two weeks.
Some patients, mainly children, may develop HUS. A small proportion of adults may develop a similar condition called thrombotic thrombocytopenic purpura (TTP).
On June 25, there were a further 19 cases of Stec, bringing the number of confirmed cases in the UK to 275. according to the briefing on the UKHSA website.
An Asda spokesperson said: “We have not yet received any letter from Fieldfisher regarding these claims. Once we do, we will review the details of the claim as a matter of urgency.”
It is understood that Tesco has not yet received notice of the claim.