In late February, at least 50 people became ill with shigellosis, a type of food poisoning caused by the ingestion of Shigella bacteria, after eating food made at a Subway restaurant in Lombard, IL.  Tuesday, Michael Carpino became the third victim of the outbreak to file a lawsuit against the restaurant.

According to a complaint filed in Dupage County Circuit Court by Seattle-based Marler Clark and Chicago-based Newland, Newland & Newland, the 45-year-old Wheeling, IL resident consumed a sandwich prepared at the Subway restaurant located at 1009 East Roosevelt Road in Lombard on February 25.  The following day, he fell ill with symptoms of shigellosis, which include vomiting, diarrhea, and abdominal cramps.

Carpino’s symptoms worsened over the next several days, and on March 2 he sought treatment from his primary care physician.  By March 3 his diarrhea had become bloody and he submitted a stool sample for testing.  

On March 5, Carpino again sought treatment, this time  at a local Urgent Care facility.  While there, he learned the stool sample he had submitted on March 3 had tested positive for Shigella and he was started on a course of antibiotics.

“Although his infection is resolving, Michael continues to suffer the ill effects of eating a Subway sandwich,” said Marler Clark attorney Drew Falkenstein.  

Falkenstein is the lead attorney representing 38 victims of the Shigella outbreak.  Together with Newland, Newland & Newland, he has filed three lawsuits against the restaurant.  

“When you eat at a restaurant–especially a national chain restaurant, you expect to be served safe food.  Michael Carpino and everyone else who became sick during this Shigella outbreak deserved better,” Falkenstein added.

Falkenstein said Carpino is seeking damages including medical expenses and lost wages.  

  • Jae

    This is what happens when fast food chains don’t allow workers to call in sick. If this Subway employee would have done the right thing and stayed home, management may have fired him.

  • Brenda

    I disagree with Jae. Shigella is only transmitted if you dont wash your hands. This “employee” just needed to practice better hygiene!! How serious is it when you contaminate over 75 people because you have poor hand washing skills?

  • Scott

    You both can be right or wrong. Shigella is not “only” transmitted by unwashed hands. It can be transmitted though produce contaminated by sewage in irrigation. Flies can also transfer bacteria from fecal matter to food. Also, the employee could have contracted the bacteria outside of work and then brought it in. In which case he should have called out sick. Fear of termination should not be a factor.