Did you know that eating raw oysters could kill you or cause you to lose your legs?  Oysters harvested from the Gulf of Mexico can contain the vibrio vulnificus bacterium.  Vibrio vulnificus is a bacterium that occurs naturally in estuarine and sea waters residing in high numbers in filter-feeding shellfish (oysters, clams, mussels). The organism is able to cause infection in people through ingestion (typically through eating raw oysters). The chances of becoming infected by vibrio vulnificus from eating raw oysters depends on the number of oysters consumed, the concentration of the bacteria in those oysters, the virulence of the strain, and the condition or strength of the person’s immune system. However, once the bacteria get into a person’s bloodstream and septicemia develops, the mortality rate is between 50% to 70%. Individuals who survive the bacterial infection may lose one or more of their limbs and have severe scarring on their bodies.

Each year approximately 100 Americans die from a vibrio infection after eating oysters and it is the leading cause of food born illness infecting at least 90,000 people a year.  The oyster industry is fully aware of this bacteria and refuses to protect the public from it.  A few pioneering oyster companies have developed ways to kill the bacteria without effecting the quality,  taste or texture of the oyster.

Earlier this year, the FDA announced plans to ban the sale of oysters harvested from the Gulf of Mexico during the months May through October.  It is during these months that the Gulf waters are warmest and the vibrio bacteria is found at higher levels.  But, the FDA quickly backed off its’ position in the face of overwhelming industry pressure.  And, in doing so has failed in its’ mission to protect the public from food born illnesses.

I handled my first vibrio case five years ago.  My client ate raw oysters at a Chinese restaurant in Denver and within 24 hours experienced flu like symptoms.  Within 36 hours his feet were so swollen that he couldn’t put any weight on them and was taken to the hospital.  Fortunately for my client his ER doctor asked the right questions and recognized the symptoms of a vibrio infection and immediately administered high doses of antibiotics to try and fight the infection.  Unfortunately, the damage done to his legs was too severe and he had both of his legs amputated above the knees.

I was hired by my client and his family while he was still in the hospital and we immediately sued the restaurant, the distributor, the oyster packing company and the harvester.  After a two year vicious legal battle we were able to successfully resolve his case on the eve of trial.

I am currently handling oyster food poisoning cases around the country and working with legislators to try and protect the public from this deadly bacteria.