Lawyers at Fieldfisher law firm have issued a Letter of Claim to Asda on behalf of an 11-year-old girl who contracted E.coli from one of the store’s products and who could now be at risk of “permanent kidney damage”.
The girl contracted E.coli after eating an Asda own-brand chicken salad sandwich bought at one of its stores.
She went on to develop hemolytic uremic syndrome, or HUS, a serious condition which attacks the kidneys.
The girl was on dialysis for three weeks and was discharged last week.
The Letter of Claim has been sent to Asda for breach of the Consumer Protection Act 1987, Fieldfisher said.
Asda said: “We have not yet received any letter from Fieldfisher regarding these claims, as soon as we do we will review the details of the claim as a matter of urgency.”
Tesco claim
Legal director Harvinder Kaur also confirmed that she has issued a separate Letter of Claim to Tesco supermarket for breach of the same act on behalf of an adult male client from the South East.
The man was also hospitalised with E.coli symptoms after eating Tesco branded sandwiches containing salad.
“Luckily, this client did not go onto develop HUS and is now home but for a time he was seriously ill. Under the act, companies producing food must ensure it is safe to eat,” Kaur said.
“If it causes illness, it is a breach of their duty and those injured are eligible to claim compensation, not least to fund possible ongoing medical care.
“My client was a regular shopper at Tesco, buying his lunch there most days since it was very close to his work.”
E.coli-infected lettuce
Last week, one person was confirmed to have died from an infection with Shiga toxin-producing E.coli (STEC) linked to a type of lettuce used in sandwich products.
Head of incidents at the Food Standards Agency (FSA), Darren Whitby, said the lettuce is the “likely cause” of the E.coli outbreak, which has seen 19 further cases confirmed.
The UK Health Security Agency (UKHSA) said it identified two individuals in England who died within 28 days of infection with the STEC outbreak strain.
Based on the information available from health service clinicians one of these deaths is likely linked to their STEC infection.
Both individuals had underlying medical conditions. The deaths occurred in May.
Currently, the total cases of STEC stand at 275 in the UK, with 182 in England, 58 in Scotland, 31 in Wales and four in Northern Ireland (evidence suggests they acquired their infection in England).
Earlier this month, a number of retailers including Aldi, Asda and Tesco, recalled pre-made sandwiches, wraps and salads amid E.coli concerns.
E.coli had not been detected in the products, but they were recalled as a precaution due to the “possible presence” of E.coli organisms.