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St. Charles couple sues another caterer after E. coli hospitalization

An E. coli bacteria under a microscope.
U.S. Centers for Disease Control and Prevention
According to the suit, Melanie Smith ate lettuce and subsequently became seriously ill with E. coli poisoning.

A St. Charles County couple has sued a caterer, claiming the business was negligent in preventing serious food poisoning from the bacteria E. coli.

A recent E. coli outbreak in St. Louis County has sickened more than a hundred people throughout the region.

Lawyers this week filed a lawsuit in St. Charles County Circuit Court on behalf of Ryan and Melanie Smith that claims Concetta’s Catering last month served contaminated lettuce at a parent-teacher conference at a school. Melanie Smith is a teacher in the Francis Howell district.

“Concetta’s manufactured, assembled, produced, distributed, sold warranted and/or placed on the market and into the stream of commerce defective and unreasonably dangerous food products,” the suit claims. “Concetta’s knew or should have known that its food products would reach consumers without substantial change in the condition in which they were sold.”

Concetta’s owners could not be immediately reached for comment.

According to the suit, Melanie Smith ate lettuce and subsequently became seriously ill with E. coli poisoning. Lawyers say she developed hemolytic uremic syndrome, a kidney disease that’s tied to the bacteria. She had to be hospitalized three times between mid-November and early December.

“The teachers were served food from this caterer, and three teachers got sick, and we know the only common meal they were sharing was this meal,” said the Smiths’ attorney, Jory Lange.

The suit comes as other lawsuits have mounted against another regional caterer, Andre’s Banquets and Catering. The St. Louis County business was first tied to the local E. coli outbreak that has sickened at least 115 people.

St. Louis County health officials have said they suspect the outbreak comes from contaminated lettuce or other raw ingredients. Many of the people sickened in the outbreak reported eating salad.

“We're seeing more E. coli cases in the St Louis area than anywhere else in the country,” Lange said. “And that probably comes down to the fact that probably just more of this lettuce that was contaminated was delivered to St Louis and other regions.” The suit is asking for at least $25,000 for each count of product liability, breach of warranty, negligence. Ryan Smith is asking for at least $25,000 in compensation for loss of “services, society, companionship, assistance with household chores” and “expenses for necessary medical care, treatment and services received by his wife.”

Earlier this month, Missouri officials tied the strain of E coli found in samples from sick patients in the region to other outbreaks in a half-dozen states, suggesting an issue with a food supplier or grower.

Lab workers at the State Public Health Laboratory in Jefferson City linked 25 cases to St. Louis County-based Andre’s Banquets and Catering.

The strain of E. coli involved in the outbreak, HO157, can cause serious health issues in some people, including dehydration, diarrhea and, in some cases, kidney problems.

The strain produces shiga toxin, which can affect cells in the intestines.

According to the Missouri Department of Health and Human Services, the state has recorded 544 cases of shiga toxin-producing E. coli infections so far this year. That’s compared with a five-year median of 300 cases.

The St. Charles Department of Public Health has investigated 10 cases of E. coli in November, said the department’s acting director, Sara Evers.

“It’s too early in the investigation process to identify the sources of the various reported cases,” she said in a statement. “Each case of illness is being investigated thoroughly to assess any commonality with other local cases of national E. coli outbreaks, as well as identify potential risks to the public.”

The health department can investigate connections to other cases by comparing survey data, product samples and specimen samples.

St. Louis County food safety inspector Monica Roth, SSM Health infectious disease physician Dr. Shephali Wulff, and food safety attorney Jory Lange joined St. Louis on the Air to talk about food borne illness and answer common food safety questions.

Dr. Shephali Wulff, left, is system vice president of quality and safety at SSM Health. Jory Lange, middle, is a food safety attorney. Monica Roth, right, is environmental supervisor training coordinator with the St. Louis County Department of Health.
Emily Woodbury
/
St. Louis Public Radio / Jory Lange, National Food Poisoning Lawyer
Dr. Shephali Wulff, left, is system vice president of quality and safety at SSM Health. Jory Lange, middle, is a food safety attorney. Monica Roth, right, is environmental supervisor training coordinator with the St. Louis County Department of Health.

Listen to the conversation on Apple Podcasts, Spotify, YouTube or click the play button below.

What you need to know about E. coli and shigella outbreaks in the St. Louis region

Sarah Fentem is the health reporter at St. Louis Public Radio.