Marler Clark, Attorneys at Law L.L.P., P.S.

The nation’s foremost law firm with a practice dedicated to representing victims of food poisoning.

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Jimmy John’s Gourmet Sandwiches E coli Outbreak - Colorado

Between September 16, 2008, and October 4, 2008, Boulder County Public Health (BCPH) received reports of 19 confirmed and suspect cases of Shiga toxin-producing E. coli (STEC) O157:NM.  Of those cases, 14 were lab-confirmed to have indistinguishable pulsed field gel electrophoresis (PFGE) patterns, indicating a common source.  The same PFGE pattern had not been associated with any other reported outbreak.

BCPH learned that the first two individuals who tested positive for E. coli O157:NM were employees at the Jimmy John’s restaurant in Boulder who had previously consumed foods prepared at the restaurant.  Both employees had continued to work at the restaurant, despite being symptomatic with diarrhea, until their lab tests were positive for E. coli.

By September 23, 2008, patrons of the Boulder Jimmy John’s restaurant had reported becoming ill with symptoms of E. coli infection.  BCPH investigated Jimmy John’s locations in Boulder and Federal Heights, and obtained delivery information pertaining to sprouts, lettuce, and tomatoes – all suspected vehicles for transmission of E. coli O157:NM. 

On September 26, 2008, BCPH issued a Health Advisory statement reporting their ongoing investigation of the outbreak. Using a cohort study, BCPH determined that the most likely initial source of the E. coli outbreak was from sprouts.

BCPH inspected Jimmy John’s on September 29, 2008, and observed a number of critical violations, including improper hand-washing.  On October 7, 2008, BCPH issued a Public Health Order to close the Boulder Jimmy John’s and required that all open and prepared food items be discarded; all food preparation and food contact surfaces be thoroughly washed, rinsed, and sanitized; and all employees be tested for E. coli. Jimmy John’s re-opened to the public on October 10, 2009.

Marler Clark filed an E. coli lawsuit on behalf of a University of Colorado student who was sickened by food from the restaurant ordered in by her sorority.

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