--- title: California teen files lawsuit against Nestle date: 2009-06-23T17:42:06-07:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/california-teen-files-lawsuit-against-nestle" section: News --- [All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) / # California teen files lawsuit against Nestle By Matt TomsicDanville News June 22, 2009 A California woman has filed a lawsuit against Nestle USA for unspecified damages incurred after she ate Toll House cookie dough and was hospitalized with E. coli, according to court documents filed in San Manteo County Superior Court. Jillian J. Collins, 18, a resident of San Manteo, ate the cookie dough between May 20 and May 22. She fell ill on May 25 with nausea and abdominal cramps and was hospitalized the next day. She remained in the hospital for seven days, the complaint states. Doctors took a biopsy that tested positive for the strain of E. coli that has been linked to the consumption of the raw cookie dough. A post on the blog of Bill Marler, an attorney representing Collins, said that the 18-year-old had eaten the cookie dough raw. The cookie dough’s label tells consumers to cook the dough before eating it and not to eat it raw. “Any product that is intended to be consumed cooked, don’t eat it raw,” said Roz O’Hearn on Friday. O’Hearn is a spokeswoman for the company. Marler works for Marler Clark, a firm that represents victims of food poisoning. According to company’s Web site, he began representing victims in 1993, when he settled Brianne Kiner’s case against Jack in the Box for $15.6 million. Kiner was one of 143 victims who fell ill after eating undercooked burgers from Jack in the box. The then 10-year-old developed hemolytic urinary syndrome, which can cause kidney failure in children. She spent six months in the hospital. “He’s one of the big guys,” said Renee Boyer, an assistant professor of Food Science and Technology at Virginia Tech. Boyer has studied cases of E. coli found outbreaks linked to consumer foods. “Nestlé learned today that an attorney representing one of those who became ill from eating raw cookie dough has filed suit against our company,” O’Hearn said. “We haven’t reviewed the suit so can offer no comment on it.” Nestle recalled the cookie dough Thursday after learning of an investigation by the Food and Drug Administration and the Centers for Disease Control and Prevention that found a link between a recent E. coli outbreak and eating the cookie dough raw. ### Other E. coli Lawsuits [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened) [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese) [Sycamore Pool in Chico California Contaminated with E.coli - Two teens in 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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so... ###### [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in... ###### [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least... ###### [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are... ###### [Transmission of and Infection with E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) While many dairy cattle-associated foodborne disease outbreaks are linked to raw milk and other raw dairy products (e.g., cheeses, butter, ice cream), dairy cattle still represent a source of contamination... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. 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