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$17M class-action suit filed over E. coli outbreak linked to Ontario Harvey’s

Canadian Press Article online since October 23rd 2008, 23:00
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TORONTO - A multimillion-dollar class-action lawsuit has been launched against the company that owns the Harvey's fast-food chain over an E. coli outbreak stemming from a restaurant in North Bay, Ont., that's suspected of sickening more than 200 people.

The restaurant was closed Oct. 12 after officials linked it to the outbreak, which includes one child in critical condition in hospital.
The child is at the Hospital for Sick Children in Toronto with hemolytic uremic syndrome, which can cause acute and chronic kidney failure, particularly in young children.
Of the 209 confirmed and suspected cases, 39 have been confirmed through lab testing. The confirmed and suspected cases involve people from eight regions in Ontario and one in Quebec. Officials have not yet been able to pinpoint the exact source of the E. coli 0157:H7 contamination.
That strain is the same one that killed seven people and sickened 2,500 others in Walkerton, Ont., in 2000.
The lawsuit, filed in court in Windsor, Ont., on Friday, is seeking $17 million in various damages. It alleges Cara Operations Ltd., which owns Harvey's, was negligent in serving food contaminated with E. coli and failed to prevent E. coli exposure.
"The allegations in this lawsuit are a perfect example of the food safety issues that confront Canadians today," lawyer Harvey Strosberg said in a statement.
"The goal of this lawsuit is not only to obtain compensation for individuals affected by this outbreak, but also to ensure that the food service industry pays attention to crucial issues concerning food inspection and safety."
Two of the plaintiffs in the lawsuit, Bradley Bell and Daniel Goguen, live in the North Bay area and allege they were infected with E. coli after eating at the Harvey's.
The statement of claim states that both men ate at the restaurant on Oct. 6 and fell ill several days later. Bell consumed a cheeseburger with everything on it, onion rings and a root beer. Goguen had poutine, a soft drink and a cheeseburger with tomatoes, lettuce, onions, mustard, relish and pickles.
The claim says both men spent time in hospital and were later advised they had tested positive for E. coli. According to the claim, Goguen lost wages for missing work, as did Bell's wife while she cared for him.
"Cara owed a duty to all individuals who attended at Harvey's to ensure that the food and beverage served to them was free from bacterial contamination and fit for human consumption," the statement says.
The lawsuit alleges that this duty was breached and people became sick as a result.
"They suffered and will continue to suffer serious and permanent injuries to their bodies, including physical and emotional trauma," the statement says.
None of the allegations has been proven in court. A call to Cara Operations Ltd. was not returned Friday.
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