Food poisoning

Asked about 1 year ago - Westminster, CA

In October 26 of 2012, I went to whole foods to get some dinner. I ordered a dozen of oysters at there seafood aisle. And went to the register at the food court n paid for it. I was the only person eating the oysters. The very next morning I had excruciating pain n diarhea. I went to the bathroom from 6:30 am to 10 am. N after that I vomited. My body was so weak n my stomach was in so much pain that I had my bf rush me to ER. Nurses n doctor said I had food poisoning, but they wanted to make sure so they gave me all these testing n scans. They did diagnose me gastroenologist. . I filed a claim with whole foods n after there ins. investigating they found to not be responsible. What should I do? I owe 13000 of med bills

Attorney answers (7)

  1. Jame P Mascaro

    Contributor Level 10

    8

    Lawyers agree

    Answered . You hire a lawyer to sue them.

    For a free consultation, please call (949) 769-3610. The information presented on this site is not intended as... more
  2. Manuel Alzamora Juarez

    Contributor Level 20

    8

    Lawyers agree

    Answered . Consult with an experienced PI attorney in your area. Do not listen to the adjuster for the insurance company. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  3. George Costas Andriotis

    Contributor Level 20

    7

    Lawyers agree

    Answered . Hire a qualified attorney to file a lawsuit.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Christine C McCall

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . OK, I will stand apart from the choir here and tell you straight out: the reason that the market is not willing to talk with you is that the amount of your claim is wholly out of whack with the factual allegation.

    Large retailers, and large fast-food and prepared foods businesses have access to huge amounts of highly-refined and well-analyzed data based on decades of actual shared experience in minutely categorized and statistically managed fact patterns. They could give training sessions at the local emergency rooms as to exactly what it can reasonably cost when a customer eats some bad food. And, in the ordinary course, their claims folks -- in house or external -- will swallow and deal with it when the data is torqued in an individual case by 2 - 5%. But $13,000 for a bad dish of oysters? Not even close! You have a long and difficult litigation ahead of you. Can't say who, but whether it was you or the medical facility, someone let their ambitions for a big payday run wholly out of control here. And the retailer doesn't intend to stand the costs of that self-help.

    Good luck.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  5. Andrew Daniel Myers

    Contributor Level 20

    6

    Lawyers agree

    Answered . In addition to the excellent advice you have received from the CA attorneys, report this to the health department in the municipality in which you made the purchase. Save the receipt. Retain counsel ASAP or sooner. Food poisoning "cause-and-effect" is not as easy to establish as one might hope.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  6. Albert Lee Crosner

    Contributor Level 18

    4

    Lawyers agree

    Answered . The other attorneys have provided you with some excellent advice. Contact a couple of personal injury attorneys local to your area and discuss this with them. Select one you feel comfortable with. Keep all evidence of this incident. Most personal injury attorneys provide a free consultation. Sorry this happened to you. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Retain a local food poisoning lawyer to investigate.

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