Abstract

A study of food poisoning jury verdicts in 32 states (1988–1997) revealed that plaintiffs won awards in food poisoning jury trials 31% of the time, and received a median award of $25,560. Multivariate analyses were performed to examine the effects of various factors on food poisoning jury verdicts and on the size of the award. The odds of a plaintiff victory increased if a foodborne pathogen or illness was specified, and decreased if defendants had “deep pockets”or used medical expert testimony. Illnesses involving hospitalization, death, or chronic complications received higher awards than other illnesses.

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