New Mexico man files class action against farm that supplied E. coli contaminated onions to McDonald’s

SAN JOSE, Calif. (CN) — Trevor Keene thought he was enjoying a routine lunch when he bit into a McDonald’s quarter pounder cheeseburger in October. Instead, it turned into a health crisis that left him battling E. coli poisoning — and now, a legal fight. 

On Thursday, Keene, a resident of New Mexico, filed a class-action against Taylor Fresh Foods, a Salinas, California-based farm, in California federal court. Keen claims that Taylor Fresh Foods’ contaminated onions triggered an outbreak tied to the fast-food giant, which has led to over 100 infections, 34 hospitalizations and one death to this point. 

In his complaint, Keene claims that he became ill and developed symptoms of E. coli infection shortly after eating a McDonald’s quarter pounder on Oct. 21.

“Plaintiff and consumers do not know, and did not have a reason to know, that the products purchased were contaminated with E. coli,” Keene said in his complaint. “Consumers expect the food they purchase to be safe for consumption and not contaminated by harmful bacteria, which can cause a serious infection. Other manufacturers formulate, produce, and sell non-harmful foods including onions, which is evidence that the risk inherent with defendant’s products is demonstrably avoidable.”

E. coli is a bacteria found in the environment, food, water and the bodies of humans and animals, according to the Centers for Disease Control and Prevention. People infected with E. coli may suffer from diarrhea, urinary tract infections, pneumonia, sepsis and more. Serious infections can cause severe bloody diarrhea and lead to life-threatening conditions, such as a type of kidney failure called hemolytic uremic syndrome or the development of high blood pressure, chronic kidney disease and neurological problems, the CDC says.

The infection is most likely to be more serious for elderly people and children as well as those with weakened immune systems.

Keen said that because there is a safety-related deficiency in the onions, Taylor Fresh Foods was under a continuous duty to disclose to Keene and other consumers that the onions were contaminated because Taylor Fresh Foods, as the owner, manufacturer, marketer and seller of the onions, had exclusive and superior knowledge concerning the composition and condition of the onions.

“Defendant willfully and knowingly omitted material information regarding the quality and safety of the products as discussed herein. Defendant countenanced these material omissions to boost or maintain sales of the product, and to create a false assurance that prolonged loyalty to defendant’s brand—the continued consumption of the product — would not place consumers in danger,” Keene’s complaint says. 

Keene is seeking to certify the class and enjoin Taylor Fresh Foods from selling or otherwise distributing the products until it can prove that the onions are safe, and is also requesting restitution from Taylor Fresh Foods, claiming it was unjustly enriched by selling the tainted products to consumers.

As reports of consumers falling ill after eating the quarter pounder gained steam in late October, McDonald’s began investigating. By Oct. 30, the Center for Disease Control issued an update stating that the slivered onions on the quarter pounders were the likely source of contamination and Taylor Fresh Foods began recalling its onion products.

Keene’s lawyer did not respond to requests for comment, and Taylor Fresh Foods also did not respond to a similar request before this story was published.