Consumers filed a class action lawsuit against McDonald’s in the U.S. District Court, Northern District of Illinois, on October 29, 2024, after eating a Quarter Pounder burger and suffering E. coli symptoms.
Amanda McCray and William Michael Kraft purchased and ate McDonald’s Quarter Pounders in October 2024. After eating the burgers, they both began to experience symptoms associated with E. coli infection. Symptoms of the bacterial infection include “severe stomach cramps, diarrhea, fever, nausea, and/or vomiting. Some infections can cause severe bloody diarrhea and lead to life-threatening conditions.” In late October, McDonald’s started to investigate its Quarter Pounders due to possible E. coli outbreak. To date, “75 cases, 22 hospitalizations and 1 death have been reported as a result of the E. coli outbreak attributable to [McDonald’s].”
McCray and Kraft claim that “had [they] been aware of the E. coli contamination in the [Quarter Pounders], they would not have purchased the [Quarter Pounders].” The complaint alleges that the product packaging and McDonald’s website “did not disclose that the [Quarter Pounders] could present a risk of E. coli contamination.” As such, the plaintiffs allege that they purchased and consumed the Quarter Pounders “without knowing that [the burgers] could infect those who consumed the products, thus causing serious harm.”
The complaint alleges that the plaintiffs “bargained for Products that were safe to consume. . . No reasonable consumer would expect the Products to be contaminated with E. Coli.” Because the plaintiffs purchased products that did not conform to what was promised, “they were deprived of the benefit of the bargain; they spent money on a product that did not have any value or had less value than warranted; and they would not have purchased and consumed had they known the truth about the products.” The complaint further claims that McDonald’s “was under a continuous duty to disclose to Plaintiffs and consumers the true nature of the Product and to disclose the Product was contaminated with E. coli” since the facts concern a safety-related deficiency. The plaintiffs contend that McDonald’s had a duty to disclose of the contamination as the owner, manufacturer, marketer, and seller of Quarter Pounders.
The complaint states causes of action for (1) unjust enrichment; (2) breach of express warranty; (3) breach of implied warranty; (4) breach of implied warranty of merchantability; (5) fraudulent concealment; (6) strict liability – failure to warn; (7) strict liability – design and formulation defect; (8) negligent failure to warn; (9) negligent design and formulation defect; (10) negligence; and (11) medical monitoring. The complaint requests relief in the form of (1) declaratory orders; (2) compensatory, statutory, and punitive damages; (3) costs of medical monitoring; (4) interest; (5) an order of restitution; (6) injunctive relief; and (7) attorneys’ fees and costs.
Additional Reading
McDonald’s sued by consumers in proposed class action over E.coli outbreak, Reuters (October 29, 2024)
McDonald’s Lawsuit Filed Over October 2024 Quarter Pounder E. Coli Outbreak, ClassAction.org (October 30, 2024)
McCray et al v McDonald’s USA, Inc. (Case No. 1:2024cv11102)
Complaint in McCray et al v McDonald’s USA, Inc.
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