An 18 year old girl has filed a lawsuit in San Mateo County Superior Court of California against Nestle USA after being hospitalized with E. coli allegedly contracted from eating uncooked Nestle Toll House cookie dough.

According to her personal injury attorney Bill Marler of Seattle, WA, Jillian J. Collins was hospitalized on May 26th with nausea and abdominal cramps that were later traced to the deadly E. coli bacteria soon after consuming the raw cookie dough.

Nestle USA voluntarily recalled the product after learning of investigations being led by the CDC and FDA into a possible E. coli outbreak linked to the cookie dough. Nestle warns on its packaging that the product is not to be consumed uncooked.

The lawsuit seeks unspecified damages that resulted after the E. coli victim was hospitalized for seven days in May of 2009. The victim is being represented by personal injury attorney Bill Marler of law firm Marler Clark, which specializes in representing victims of E. coli, Salmonella and other food borne illness. Marler had previously filed a lawsuit against Jack in the Box on behalf of a food poisoning victim that was settled in 1993 for $15.6 million in damages.

A copy of the complaint is available on the website of the lawyer representing the victim at http://www.marlerblog.com, which also includes information on other personal injury litigation and news related to foodborne illnesses.

Attorney in Case:
Marler Clark, Attorneys at Law L.L.P., P.S.
6600 Columbia Center
701 Fifth Avenue
Seattle, WA 98104
Phone: 866-770-2032
Website: http://www.marlerclark.com

The plaintiffs in the case have alleged that their daughter suffered brain damage during delivery, due to negligence of their physician Doctor Ronald Baird. The Doctor denies the couple’s allegations and has refused to grant permission to his medical practice’s insurance company to settle the lawsuit claim out of court. A personal bankruptcy filing by the physician and a ruling from the Denver 10th Circuit Court of Appeals has the possibility of bringing the litigation to an end, against the physician’s wishes. A “right to settle” has so far been ruled to be an asset, which falls under the direction of the trustee.

If the couple obtains the right to settle the lawsuit from the appeals court, a claim can be submitted for $1 million to the physician’s insurance company, said the couple’s personal injury lawyer.

Links: Utah Courts Law Library

The victim was awarded $4,250 in damages in a lawsuit filed by personal injury attorney against the driver. Kaiser’s policy states that, when a medical insurance customer collects damages in a personal injury lawsuit, the insurance company may file to seek reimbursement of its costs. The insurance company did this, but did not credit the victim for an initial $20 co-payment.

The lawsuit was filed in the State of California court in May 2009.