---
title: First Lawsuit Filed by Marler Clark in Romaine Lettuce E. coli Outbreak
date: 2019-12-11T17:02:00-08:00
author: Julie Dueck
canonical_url: "https://marlerclark.com/news_events/first-lawsuit-filed-by-marler-clark-in-romaine-lettuce-e-coli-outbreak"
section: News
---
[All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) /

# First Lawsuit Filed by Marler Clark in Romaine Lettuce E. coli Outbreak

 

 

 On December 11,2020, a lawsuit was filed by Wandro and Associates, P.C., and Marler Clark, L.L.P., P.S., against Aldi Inc., in the United States District Court Southern District of Iowa, on behalf of Cindy Day, a woman who became violently ill with *E.coli* after eating romaine lettuce days earlier. Cindy Day v. ALDI INC., Complaint #4:19-cv-00399-RP-CFB.

 Ms. Day, who resides in Johnston, Polk County, Iowa purchased and consumed romaine lettuce from

According to the CDC, since the previous update on November 26, an additional 35 ill people have been reported. As of December 2, 2019, a total of 102 people infected with the outbreak strain of *E. coli* O157:H7 have been reported from 23 states: Arizona (3), California (4), Colorado (6), Florida (1), Idaho (3), Illinois (1), Iowa (1), Maryland (4), Michigan (1), Minnesota (3), Montana (1), Nebraska (1), New Jersey (7),North Carolina (1), New Mexico (2), Ohio (12), Oregon (1), Pennsylvania (8), Texas (4), South Dakota (1), Virginia (4), Washington (2) and Wisconsin (31).

Illnesses started on dates ranging from September 24, 2019, to November 14, 2019. Ill people range in age from less than 1 to 89 years, with a median age of 25. Sixty-five percent of ill people are female. Of 98 ill people with information available, 58 hospitalizations have been reported, including six people who developed hemolytic uremic syndrome (HUS), a type of kidney failure. No deaths have been reported. One case has been reported in Canada.

Epidemiologic, laboratory, and traceback evidence indicate that romaine lettuce from the Salinas, California, growing region is the likely source of this outbreak. This includes Santa Cruz, Santa Clara, San Benito, and Monterey counties in California.

FDA and states continue to trace the source of the romaine lettuce eaten by ill people. Preliminary information indicates that some of the ill people ate lettuce grown in Salinas, California. No common grower, supplier, distributor, or brand of romaine lettuce has been identified.

CDC continues to advise that consumers not eat, and retailers not sell any romaine lettuce grown in Salinas, California. The investigation is ongoing to determine the source of contamination and if additional products are linked to illness.

[Marler Clark, The Food Safety Law Firm](http://www.marlerclark.com/), is the nation’s leading law firm representing victims of E. coli outbreaks and [hemolytic uremic syndrome (HUS)](http://www.about-hus.com/). The [E. coli lawyers of Marler Clark](http://www.marlerclark.com/practice_areas/view/e-coli-o157h7-outbreak-litigation) have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $700 million for clients in the last 25 years. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products. The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s. We have proudly represented such victims as [Brianne Kiner](https://www.nytimes.com/2011/06/28/health/28excerpt.html), [Stephanie Smith](https://www.nytimes.com/2009/10/04/health/04meat.html?_r=1&pagewanted=all) and [Linda Rivera](https://www.washingtonpost.com/wp-dyn/content/article/2009/08/31/AR2009083103922.html).

Additional Resources

 Resource NameResource URLAbout E. coli - a complete online resource with information on symptoms and risks of E. coli infection <http://www.about-ecoli.com>   Marler Clark E. coli Lawsuits and Litigation <http://www.ecolilitigation.com>   A downloadable Family Health Guide on E. coli (PDF) [http://www.marlerclark.com/pdf...](http://www.marlerclark.com/pdfs/ecoliBrochure.pdf)   E. coli Informational Video 

  

  About Hemolytic Uremic Syndrome <http://www.about-hus.com>    
  

### 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 ICU](https://marlerclark.com/sycamore-pool-in-chico-california-contaminated-with-e-coli-two-teens-in-icu)

 [Deadly Nationwide E.coli Outbreak Linked to Grimmway Farms Organic Baby and Whole Carrots sickens 48](https://marlerclark.com/nationwide-e-coli-outbreak-linked-to-grimmway-farms-organic-baby-and-whole-carrots)

 [E. coli Outbreak tied to Red Cow and Hen House Restaurants](https://marlerclark.com/e-coli-outbreak-tied-to-red-cow-and-hen-house-restaurants)

 [Rockwood Summit High School E. coli Outbreak](https://marlerclark.com/rockwood-summit-high-school-e-coli-outbreak)

 [McDonalds linked to 104 E. coli cases and 1 Death](https://marlerclark.com/mcdonalds-linked-to-nearly-50-e-coli-cases-and-1-death)

 [2 dead with 22 injured in E. coli Hamburger Outbreak in Montana](https://marlerclark.com/1-dead-with-13-injured-in-e-coli-hamburger-outbreak-in-montana)

 [E. coli Outbreak in Washington and California linked to Walnuts](https://marlerclark.com/e-coli-outbreak-in-washington-and-california-linked-to-walnuts)

 [Seattle PCC Market E. coli outbreak linked to Guacamole](https://marlerclark.com/seattle-ppc-market-e-coli-outbreak-linked-to-guacamole)

 [11 with E. coli linked to Raw Milk LLC Cheese](https://marlerclark.com/10-with-e-coli-linked-to-raw-milk-llc-cheese)

 [Miguel’s Cocina 4S Ranch E. coli Outbreak sickens 35](https://marlerclark.com/miguels-cocina-4s-ranch-e-coli-outbreak)

 

 

 

### Lawsuit updates about foodborne illnesses

 [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all)

 [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all)

 [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all)

 [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all)

 [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all)

 [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all)

 [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all)

 [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all)

 [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all)

 [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all)

 [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all)

 [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all)

 [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all)

 

 

### Lawsuits updates by year

 [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998)

 [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999)

 [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000)

 [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001)

 [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002)

 [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003)

 [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004)

 [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005)

 [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006)

 [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007)

 [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008)

 [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009)

 [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010)

 [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011)

 [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012)

 [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013)

 [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014)

 [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015)

 [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016)

 [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017)

 [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018)

 [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019)

 [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020)

 [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021)

 [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022)

 [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023)

 [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024)

 [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025)

 [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026)

 

 

 

##### Get Help

   

#### Affected by an outbreak or recall?

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.

 [ View Outbreak Database

  ](https://outbreakdatabase.com)
