subject: Fda's New Regulations For Oysters [print this page] If you enjoy raw oysters, you should be aware of the risks as well as new regulations issued by the Food and Drug Administration that will make this delicacy more difficult to come by. You should also know that if a restaurant serves tainted oysters that result in your becoming ill or causes a death in your family, you may have the right to sue and can get representation from a Colorado personal injury lawyer.
The Culprit
The risk in eating raw oysters comes from a little-known form of bacteria that is common in river estuaries and stagnant ponds as well as coastal regions. Known as the vibrio vulnificus bacterium, it is related to the strain associated with cholera. Vibrio vulnifiicus bacteria can cause a form of skin inflammation known as cellulitis as well as the potential deadly condition called septicemia. The latter is a body-wide inflammatory condition that can cause serious injury to the kidneys and lungs.
The most common source of vibrio vulnificus bacteria is seafood. Most people who ingest seafood containing this bacteria will not die, and most will not even become ill. However, a certain percentage of people do develop septicemia, which has a mortality rate of 50%. Survivors are often disfigured or may have to have a limb amputated. Tragically, there were a large number of v. vulnificus infections among the survivors of Hurricane Katrina in 2005.
New FDA rules now require that oysters be irradiated or sterilized, and may no longer be imported from the Gulf Coast during the summer months, when this bacteria is most likely to be present.
Your Legal Rights
You do assume a certain amount of risk when eating raw oysters; however, the restaurant that serves them is obliged to post a clear warning. Otherwise, they assume liability should you become ill or die as a result.
Restaurant owners should be aware that they have a "duty of care" in this situation' warnings about the risk of raw oysters need to be posted clearly and conspicuously.
If you or a family member has suffered an illness from raw oysters and the establishment failed to warn you of these risks, a Colorado personal injury lawyer may be able to help you recover medical costs as well as wages lost due to recovery time. If a death in the family is the result, you should consult with a Colorado wrongful death attorney as soon as possible in order to learn about your rights and responsibilities.
