By Fred Pritzker
People who think they may have been sickened by a foodborne pathogen often wonder how they can prove the organism they swallowed came from a contaminated source. Such is case currently in the Nestle cookie dough E. coli outbreak, where many people may have become sick but weren’t asked by their doctor to give a stool sample.If it’s too late to give a stool sample, how then, do you prove your illness is caused by this outbreak? Testing your unused or leftover cookie dough may be the answer.
The following FAQs are provided by national food safety law firm Pritzker Olsen Attorneys.
Cookie dough FAQs:
I got sick after eating Nestlé Toll House cookie dough. Am I
part of the E. coli O157:H7 outbreak?
The best way to determine if you are part of the Nestlé Toll House
outbreak is to have your stool tested. If the stool test is positive
for E. coli O157:H7, further testing is necessary to determine if the
E. coli O157:H7 found in your stool matches the genetic fingerprint
of the samples obtained from other outbreak victims. If your stool
sample is positive for E. coli O157:H7 and it has the same genetic
fingerprint as the other victims, it is highly likely that you are
part of this outbreak.
I got sick but I was not asked to provide a stool sample. How
do I prove I was part of this outbreak?
There are many reasons why people with E. coli O157:H7 are not asked
to provide a stool sample. The problem is that without a positive
stool sample, it’s difficult to say what’s causing your symptoms.
That’s because there are many illnesses and conditions that produce
symptoms similar to E. coli O157:H7. Thus, the best evidence that you
have E. coli O157:H7 is a positive stool sample. However, and as
discussed below, in some cases it is possible to link undiagnosed
symptoms if you have leftover cookie dough that tests positive for E.
coli O157:H7.
I still have some of the Nestlé Toll House Cookie Dough. If
it’s tested and the testing shows it’s contaminated with E. coli
O157:H7, does that mean I have a case even if I did not give a stool
sample?
Under some circumstances, a product that tests positive for E. coli
O157:H7 can help prove you are part of this outbreak even if you did
not provide a stool sample.
Where can I have the Nestlé Toll House Cookie Dough tested to
see if it’s contaminated with E. coli O157:H7?
There are labs that will test your cookie dough for you. You may
contact Exova in Portland, Oregon, at 503-253-9136 for testing your
product . You may also contact Accugen
Labs in Willow Brook, IL at 1-800-282-7102, or fill out an Accugen submission form. Either
of these laboratories will have you fill out a form to send with your
product. Please note that our law firm is not affiliated with these
labs and we have no contact with or control over them regarding food
testing. Thus, we can accept no responsibility for anything regarding
product testing by these labs including but not limited to lost
samples, the manner in which the testing is performed, test results,
etc.
Make sure you are clear that you want your product tested for E. coli O157:H7.
How much does it cost and who pays for it?
Testing will cost about $35-50 depending on how many tests need to be
performed. You will have to pay that cost via check or credit card
when you ship your product. If tests show the food is adulterated
with E. coli O157:H7 and we accept your case and later obtain a
recovery on your behalf, you will be reimbursed for all testing costs.
How do I get a sample of Nestlé Toll House Cookie Dough and
send it to the testing company?
Products are generally sent in a sealed plastic bag, with an ice pack
to keep your product relatively cold via FedEx overnight service.
When you fill out your shipping form, the lab can assist in choosing
the proper packaging, but anything that is sealed, and keeps the
product cool will most likely work.
How long does it take to find out if the sample is positive?
Results will generally be available in 2-5 days. If your product is
positive for E. coli O157:H7, further tests on your product may be
necessary to confirm this result, and to determine the exact strain of
E. coli O157:H7.
If the sample is positive, what do I do then?
Immediately contact an E. coli attorney at Pritzker Olsen at
1-888-377-8900. Further testing on your product may be necessary.
