Jury Decisions and Awards in Personal Injury Lawsuits Involving Foodborne Pathogens |
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| Authors: | JEAN C. BUZBY PAUL D. FRENZEN BARBARA RASCO |
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| Affiliation: | 1. Jean C. Buzby, Ph.D., hold positions in the Economic Research Service, U.S. Department of Agriculture, Washington, DC.;2. Paul D. Frenzen, Ph.D., hold positions in the Economic Research Service, U.S. Department of Agriculture, Washington, DC.;3. Barbara Rasco, Ph.D., JD, teaches in the Department of Food Science and Human Nutrition, Washington State University. The authors wish to thank Jane Allshouse, Bruce T. Clark, Marilynn Graham, David Isenbergh, Peter Machare, and David Theno for their assistance. |
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| 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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