--- title: "JBS Swift & Company Sued In Federal Court By Wisconsin Family" date: 2009-08-19T11:16:48-07:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/jbs-swift-company-sued-in-federal-court-by-wisconsin-family" section: News --- [All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) / # JBS Swift & Company Sued In Federal Court By Wisconsin Family ![](http://www.marlerblog.com/uploads/image/JBS%20Swift%20Logo%20web.jpg)***Three Family Members Sickened in Wisconsin, One Gravely.*** A Wisconsin family sickened in the JBS Swift Beef Company outbreak of E. coli O157:H7 will file suit against the company Wednesday. The lawsuit will be brought by the Seattle-based foodborne illness law firm Marler Clark in the Federal Court, Eastern District of Wisconsin. This is the third lawsuit filed by Marler Clark in the aftermath of the JBS Swift outbreak, which sickened at least 23 people in nine states, 12 of whom had to be hospitalized. *“This has been a very difficult summer for contaminated meat,” said the family’s attorney, Drew Falkenstein. “Not only have there been several E. coli recalls, but now there is also a large recall of beef contaminated with Salmonella by Beef Packers Inc. With the huge uptick of tainted meat in the last several years, it’s vital that we dedicate resources on every level to prevent more families from going through what the Rosplochs had to endure.”* Nicole and Gerard Rosploch purchased ground beef from a Pick N Save near their home in Brookfield; the meat was later determined to be part of the recall of 420,000 pounds of beef by the JBS Swift Company of Greeley, Colorado. The family (except for Nicole, a vegetarian) made and consumed hamburgers on Sunday, July 19. By Thursday, Gerard and their two sons began to have abdominal cramps and nausea. On Friday, the 7-year-old began to experience frequent episodes of vomiting and frequent diarrhea, some of it bloody. His parents took him to the ER, where he was checked and released, having submitted a stool sample. Meanwhile his older brother, 11, began to show increased signs of illness including vomiting and diarrhea. Gerard’s illness also continued, although not as severe as his sons’. When the youngest child continued to worsen, he was returned to the ER, where it was learned that the stool sample he previously submitted was positive for E. coli O157:H7. He was admitted to the hospital, where he continued to be very ill. By July 28, tests revealed that he had developed hemolytic uremic syndrome, or HUS—a complication of E. coli infection. The child had to have dialysis for the next 10 days, as well as blood transfusions. Meanwhile, Gerard began to improve, but his 11-year-old son was still sick at home. For several weeks, the parents split hospital and home care responsibilities. Their younger son is now also at home, and continues to recover from his illness. He is still on medication to regulate his blood pressure. 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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. [ View Outbreak Database ](https://outbreakdatabase.com)