Subway Lawsuit Filed in DuPage County
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A simple meal at a Subway that sent three people to the hospital has now led to a DuPage County lawsuit filed March 11 claiming restaurant employees failed to take basic steps to keep things clean.
The case, being handled by St. Charles-based law firm Foote, Meyers, Mielke and Flowers, involves three people became sick after eating at the Subway restaurant on Roosevelt Road in Lombard in February. Those illnesses are among several tied to the restaurant and come at a time when many governments, including DuPage County are faced with budget cuts and reduced services.
On Feb. 26, Roberta Uveges and her daughter, Savannah, shared a chicken sandwich at the restaurant owned by Florida-based Doctor’s Associate Inc. The Uveges were hospitalized the next day after suffering from severe stomach pains, diarrhea, vomiting and fever. Each spent several days in the hospital.
Also on Feb. 26, Carole Rogers stopped in for a vegetable salad. Five days later, she ended up at Good Samaritan Hospital seeking treatment.
All three were diagnosed with shigellosis, an infectious bacteria found in the feces of someone with diarrhea. It is commonly passed from the stool or soiled fingers of one person to the mouth of another person, causing an infection that can be prevented by reasonable hand washing with soap and water -- particularly after using the bathroom, the lawsuit claims.
Illinois Food Sanitation Code requires food employees avoid using bare hands with ready-to-eat foods.
The 12-count lawsuit alleges negligence on the restaurant’s part, as well as holding the liable for the illnesses suffered after the Uveges and Rogers ate at the Subway.
DuPage County oversaw 3,761 different permanent food establishments and performed 13,491 inspection/consultations overall in 2008. Two years earlier, DuPage had about 100 fewer permanent establishments under its authority, but performed a total of 16,523 inspections/consultations, according to its annual reports.
For 2010, the DuPage County Health Department is operating with a $48.6 million budget, which is $1.1 million less than it budgeted for 2009.
For more information on this case, contact Foote-Meyers at 630-232-633 or 877-221-2511.