A California woman has filed a lawsuit against several seafood companies, alleging that contaminated oysters caused her severe illness. Jennifer Low, through her attorneys at The Lange Law Firm PLLC and Balaban & Spielberger LLP, filed the complaint on July 26, 2024, in the Superior Court of California, Sacramento County, against Scott’s Seafood Roundhouse and other related entities.
According to the court documents, Jennifer Low claims she became seriously ill after consuming raw oysters at Scott’s Seafood Roundhouse in Folsom, California, on August 6, 2022. The following day, she experienced severe symptoms including abdominal pain and continuous diarrhea. Her condition worsened over the next week, leading her to seek emergency medical attention on August 13. Subsequent tests confirmed that she had contracted Vibrio bacteria from the oysters.
The Centers for Disease Control and Prevention (CDC) estimates that vibriosis causes around 80,000 illnesses annually in the United States. Vibrio bacteria thrive in coastal waters and are particularly prevalent between May and October when water temperatures are warmer. Symptoms of Vibrio infection can range from gastrointestinal issues like diarrhea and vomiting to more severe conditions requiring hospitalization.
Low's complaint details multiple causes of action against the defendants: strict product liability, negligence per se, general negligence, breach of warranty, and failure to adequately warn consumers about potential contamination risks. She asserts that Scott’s Seafood Roundhouse and its associated entities failed to ensure their food products were safe for consumption. "Defendants manufactured, supplied, produced, distributed, and/or sold the Vibrio contaminated products that injured Plaintiff," states the complaint.
The plaintiff further alleges that the defendants did not comply with state and federal regulations designed to ensure food safety. Specifically mentioned is the Federal Food, Drug and Cosmetics Act which mandates purity standards for food products. By failing to meet these standards and allowing contaminated food to reach consumers like Low, the defendants were negligent per se.
Additionally, Low accuses the defendants of breaching implied warranties by selling food products that were unsafe for consumption due to contamination with a deadly pathogen. She also claims they failed to provide adequate warnings about the health risks associated with consuming raw oysters potentially contaminated with Vibrio bacteria.
Jennifer Low seeks various forms of relief from the court including compensation for past and future economic damages such as medical expenses and lost wages; non-economic damages like pain and suffering; as well as punitive damages for what she describes as willful misconduct by the defendants. The lawsuit demands a jury trial.
Attorneys representing Jennifer Low are Daniel Balaban from Balaban & Spielberger LLP based in Los Angeles and Jory D. Lange Jr., whose pro hac vice admission is forthcoming from The Lange Law Firm PLLC based in Houston. The case is presided over by Judge M.M. Chapman under Case No. #44015056.