Third Marine recruit files lawsuit against food service company, claiming negligence led to kidney and brain damage

A third Marine recruit has filed a lawsuit against a food provider claiming its negligent food handling caused him to become sick last year, leading to permanent kidney and brain damage and cutting short his Marine Corps career.

In the lawsuit filed against Sodexo Inc., Tristan Abbott, 19, said exposure to undercooked beef in 2017 at Marine Corps Recruit Depot San Diego led to his medical discharge April 27.  Abbott fell ill after eating food provided by Sodexo.

In the lawsuit, filed Aug. 24 in U.S. District Court in San Diego, Abbott claims he has suffered “severe and permanent kidney and brain damage.” He is seeking a “fair and reasonable amount” for his health care and damages related to his early release from the Marine Corps.

Abbott, of Saline County, Ark., is the third Marine at the Marine Corps Recruit Depot to sue Sodexo after becoming ill following exposure to the E. coli bacteria.

On July 30, Vincent Grano, 19, of Lake In the Hills, Ill., sued the Maryland-based company claiming his epilepsy and ongoing seizures — which the lawsuit links to contracting E. coli — led to his discharge from the Marine Corps on June 29. Then, on Aug. 6, Michael Baker Jr., 21, of Coeur D’Alene, Idaho, filed a suit claiming his career in the Marine Corps was cut short and that he is suffering long-term health issues as a result of consuming undercooked food.

Abbott, Baker and Grano are represented by Frederic L. Gordon of the Gordon & Holmes law firm in San Diego.

As with Grano and Baker, Abbott accuses Sodexo of not complying with regulatory provisions related to the manufacture, distribution and sale of food. It also states Sodexo violated state, federal and local safety regulations in manufacturing and distributing the food and was negligent in its food preparation and not living up to its corporate guidelines, which include making sure its food does not contain E. coli.

Abbott’s lawsuit states he was among more than 300 Marine recruits affected in an E. coli outbreak at the San Diego recruit depot that may also have affected recruits at Camp Pendleton.

Following the outbreak, preventative medicine units at Naval Medical Center San Diego and Naval Hospital Camp Pendleton inspected all mess halls, and food samples were sent for testing to the U.S. Army Public Health Command at Fort Sam Houston in San Antonio, Texas.

Later, investigators from the Centers for Disease Control and Prevention inspected the recruits’ barracks, bathrooms and cafeterias. They identified two strains of the E. coli bacteria, which they determined came from undercooked ground beef served in the cafeterias, the lawsuit states, citing the CDC report.

“Environmental findings, including reports from recruits, showed that Sodexo Inc.’s employees routinely undercooked ground beef served to recruits, and only intermittently checked the temperature of foods, including ground beef, using an appropriate thermometer,” the lawsuit states, citing the CDC report. “Moreover, the environmental investigation showed a number of instances of temperature abuse involving other foods.”

Enrico Dinges, director of public relations for Sodexo, said last month that his company is aware of the lawsuits and the CDC report but said the report “did not conclusively determine or identify the source of the E. coli.”

“It is important to note that Sodexo is a recognized industry leader in food safety and quality assurance making the safety, health and wellbeing of our clients and customers the number one priority,” Dinges said in an email. “Sodexo proudly serves nutritious, healthy and delicious meals to millions of customers every day in North America.”

Abbott began feeling sick Oct. 24, and over the next few days had bloody diarrhea, vomiting and abdominal cramps. Despite his condition, he went to Camp Pendleton on Oct. 26 for training. On Oct. 29, Abbott became more ill, according to the lawsuit, and his drill instructor took him and another recruit to Scripps Encinitas Hospital.

When his illness worsened further, he was taken to Balboa Navy Medical Center and admitted into the intensive care unit.

“During this time, he developed twitching of his head, arms and legs,” the lawsuit states.