E. Coli Victim, 8, Suffers Kidney Failure; Parents Hire A. Heights Firm To Sue Soy Nut Butter Company

GLENVIEW, IL — An Arlington Heights law firm is representing the parents of an 8-year-old victim of a recent E. coli outbreak in a lawsuit against the Illinois company behind a recent soy nut butter recall. Twelve E. coli infections were reported in five states, and six people were hospitalized, according to the Centers for Disease Control.

Mosby and Erin Simmons, of California, say their 8-year-old son was hospitalized for 25 days and will suffer lifelong health consequences after being infected with E. coli O157, a strain that can cause intestinal illness, dehydration or even life-threatening kidney failure.

The boy reportedly became ill on Jan. 25 and was admitted to hospital on Jan. 30 after his symptoms worsened. He was diagnosed with an E. coli infection on Feb. 2 and remained hospitalized until Feb. 23.

Arlington Heights-based Newland & Newland LLP filed the lawsuit on behalf of the parents Monday in federal court in Illinois, according to Food Safety News. The complaint accuses I.M. Healthy, the company that made the soy nut butter, of negligence and breach of warranty, claiming it is subject to strict product liability laws, the report added.

RELATED: Multi-State E. Coli Outbreak Sparks Soy Nut Butter Recall

The lawsuit also claims that at least 5 percent of children who develop hemolytic uremic syndrome — which is what the boy suffered after being infected — have long-term kidney damage, and 5 percent suffer brain damage, Food Safety News reported.

It's the first case filed against I.M. Healthy, a Glenview-based company that offers several varieties of nut-free SoyNut Butter. On Friday, the company recalled 15-ounce jars of its Original Creamy SoyNut Butter with a "best by" date of 8-30-18 or 8-31-18. The recall expanded Saturday to include 15-ounce jars with the "best by" date of 7-5-2018; individual portion cups with the "best by" date of 8-8-2018; and four-pound plastic tubs with "best by" dates of of 11-16-2018 and 7-25-2018.

"I.M. Healthy Original Creamy SoyNut Butter was distributed in multiple states and may have been purchased in stores or through mail order," the company said. "It was also distributed to childcare centers and schools in multiple states."

" ... Although most healthy adults can recover completely within a week, some people can develop a form of kidney failure called Hemolytic Uremic Syndrome (HUS)," I.M. Healthy said in a statement. "HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney failure and even death."

So far, nine of the 12 people infected with E. coli have been interviewed, and all have reported eating I.M. Healthy SoyNut Butter before becoming ill, the company said. The CDC urged consumers to throw away any I.M. Healthy brand SoyNut Butter or granola coated with SoyNut Butter.

According to the CDC, 11 of the 12 victims of the multi-state E. coli outbreak are younger than 18. Infections were reported in Arizona, California, Maryland, New Jersey and Oregon.

By SHANNON ANTINORI | Patch Staff

Photo via Mike Mozart/Flickr under a Creative Commons 2.0 license

Like What You're Reading? Stay Patched In!

• Like our Crime page on Facebook
• Live Traffic and Transit Updates