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This could be the 1st lawsuit filed in Ohio about the recent McDonald's E coli problems

Cleveland attorney files first lawsuit related to Ecoli issues at McDonalds
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CLEVELAND — The most recent CDC report stated there are now 90 cases of people in 13 states who got sick after eating Quarter Pounders at McDonald’s. It has reported “slivered onions…are likely the source of this (E. coli) outbreak.”

At this time, the company is not reporting that any of the onions went to Ohio, but a Cleveland attorney said he’s now filed the first lawsuit in the Buckeye state concerning the McDonald’s E. coli issues.

We talked exclusively with the lawsuit’s plaintiff, Sean Muscatello from Brooklyn, who told us he was working late one night and just needed a quick sandwich. After eating the burger, he said he wasn’t well.

PLAINTIFF: 'THIS FEELS DIFFERENT'

“This isn’t a sickness. This is something different,” said Muscatello. “This feels different. This is different.”

The suit stated he bought the Quarter Pounder meal from a McDonald’s in Cuyahoga Falls.

In the lawsuit filed late Wednesday in Cuyahoga County Court, it stated Muscatello “began experiencing symptoms of abdominal pain, vomiting and diarrhea.”

“As I was driving into work, I had to pull over to the side of the road. I started puking,” Muscatello said.

The suit stated, “the symptoms were so extreme that (Muscatello) was forced to seek medical care at the emergency room….”

“I was low on energy. I couldn’t stay up long. I couldn’t stand long,” Muscatello told us.

LAWSUIT: PLAINTIFF HAS ENTEROCOLITIS

The suit also stated Muscatello “was found to have enterocolitis….” Cleveland Clinic’s website states “enterocolitis is an inflammation that occurs throughout your intestines...” and “common causes…include viral infections, such as the stomach flu…and bacterial infections, such as food poisoning.”

“That was pretty much the last thing I ate that night,” said Muscatello. “Throughout that weekend I didn’t put anything in my system besides crackers and fluids.”

Muscatello’s lawsuit stated “the first reported case of illness linked to this outbreak was on September 27th…” and he bought the Quarter Pounder “on October 16….”

“The problem wasn’t corrected in September, that two to three weeks later the problems still existed,” said Muscatello’s attorney Bruce Taubman.

MCDONALD'S REACTION: LOCAL AND CORPORATE

We reached out to the local McDonald’s, where Muscatello bought his burger. It said it was not aware of the suit.

We also reached out to McDonald’s corporate offices. It’s not commenting on the litigation. It referred us to a video from the President of McDonald’s USA that said in-part the company worked quickly on the problem, it is committed to food safety, and offered an apology. “I want you to hear it from me. We are sorry,” said Joe Erlinger. “For those customers affected, you have my commitment that led by our values we will make this right.”

The lawsuit stated “defendants’ conduct was a direct…cause of (Muscatello’s) injuries.”

“It wasn’t a one-day, it wasn’t a two-day, it wasn’t a three-day (thing),” said Muscatello. “It was continuous days of this and it affected me.”

McDonald’s has said the onions in question were sent to 900 restaurants in various states but Ohio is not on that list.

The CDChas reported that one death has been related to the outbreak so far.

Muscatello told us he’s getting better but still has some symptoms.

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