---
title: Man Infected with E. coli After Drinking Apple Cider Files Suit
date: 2010-11-10T23:27:00-08:00
author: admin
canonical_url: "https://marlerclark.com/news_events/man-infected-with-e.-coli-after-drinking-apple-cider-files-suit"
section: News
---
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# Man Infected with E. coli After Drinking Apple Cider Files Suit

 

 

 BALTIMORE, MD (November 10, 2010)—An E. coli lawsuit was filed today against Baugher’s Orchard and Farm, the Westminster, Maryland farm that recalled its unpasteurized apple cider products after they were identified by Maryland public health authorities as the source of an E. coli O157:H7 outbreak among at least 7 state residents. The lawsuit was filed on behalf of Baltimore resident Nicholas Fickel, who is represented by Seattle-based Marler Clark, the nation’s leading law firm representing victims of foodborne illness outbreaks, and Rockville, Maryland-based Ward and Klein, Chartered.

According to the lawsuit, which was filed in Carroll County Circuit court, Mr. Fickel visited Baugher’s Orchard and Farm in Westminster on October 17. While there, he consumed samples of Baugher’s unpasteurized apple cider and purchased cider to take home with him. On October 21, Mr. Fickel became ill with symptoms of E. coli infection, including painful stomach cramping and bloody diarrhea. He sought medical treatment for his worsening illness on October 22. A stool sample submitted for lab testing at that time tested positive for E. coli O157:H7, which was also isolated from 6 other Maryland residents who had consumed the Baugher’s unpasteurized apple cider.

“Apple cider is not an inherently dangerous product that consumers expect to be contaminated with pathogens like E. coli,” said food safety attorney Colin Caywood, who represents Mr. Fickel. “Cider producers should know that pasteurization and proper sanitation are the keys to preventing E. coli outbreaks.”

Apple cider and other fruit and vegetable juices can be contaminated with E. coli before processing. E. coli outbreaks have been traced to fresh apple cider even when steps such as brushing and washing apples have been taken to reduce the opportunity for bacterial contamination. The use of “down” apples, or apples that have fallen to the ground before being harvested, is a risk factor for E. coli contamination since animals – like deer – that shed E. coli can forage for food in orchard areas and fruit can fall in animal feces as it drops from trees.

MARLER CLARK has been representing victims of E. coli and other foodborne illness outbreaks nationwide for nearly 20 years. The firm has recently filed lawsuits against a cheese producer whose products were identified as the source of an E. coli outbreak in the Southwestern United States and egg producers whose products were determined to be the source of a nationwide Salmonella outbreak.

For more information about the lawsuit, or a copy of the complaint, please contact Suzanne Schreck at 206.346.1888 or sschreck@marlerclark.com.

  

### Other E. coli Lawsuits

 [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened)

 [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese)

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##### Get Help

   

#### Affected by an outbreak or recall?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ Get a free consultation ](https://marlerclark.com/contact) 

##### Related Resources

   

 

######  [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) 

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######  [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) 

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######  [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) 

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######  [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) 

Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are...

 

######  [Transmission of and Infection with E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) 

While many dairy cattle-associated foodborne disease outbreaks are linked to raw milk and other raw dairy products (e.g., cheeses, butter, ice cream), dairy cattle still represent a source of contamination...

 

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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

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  ](https://outbreakdatabase.com)
