Stephanie Smith, who was left paralyzed by a burger tainted with the E. coli bacteria, filed a suit Friday against Wichita, Kansas-based Cargill Meat Solutions Corporation, a subsidiary of Wayzata-based Cargill, Inc.
The lawsuit was filed by Smith’s guardian, William R. Sieben, in U.S. District Court in Minnesota.
After eating a hamburger produced by Cargill in September 2007, Smith became ill and was diagnosed with an E. coli infection.
She was later diagnosed with hemolytic uremic syndrome, a complication of E. coli that causes kidney failure. In Smith’s case, she also began having seizures, which lead to a coma, where she remained for three months, on a ventilator and dialysis.
Smith, 22, and a former dance instructor, has spent two years in rehabilitation and remains in a wheelchair. According to her attorney Bill Marler of Seattle-based Marler Clark, her medical bills have exceeded $2 million and will likely continue to add up to tens of millions of dollars.
“This young woman has been on a horrifying and unimaginable journey just to regain basic motor and communication skills,” Marler said in a statement. “She has lost the ability to walk, to dance, to have a family, to work or care for herself. She is tied to a wheelchair and a pharmacy of medications to address all the medical issues she struggles with. She will likely need multiple kidney transplants. I don’t think it’s possible to adequately convey in a sentence or two the massive challenges Stephanie has faced and continues to face.”
Smith and Cargill attempted to negotiate a settlement, but were not able to come to an agreement.
“Cargill deeply regrets Ms. Smith’s continuing suffering due to her illness,” Cargill spokesman Mark Klein said in an e-mailed statement. “Each time Ms. Smith’s family has asked for financial assistance to cover out-of-pocket and rehabilitation costs, Cargill has advanced funds to help her and her family. We will continue to provide assistance to maximize her recovery and will continue to work with her counsel to reach a fair resolution.”
Smith is also represented by St. Paul-based law firm Jardine, Logan and O’Brien.
