Botulism Lawsuits

Botulism is a rare but serious foodborne illness that is caused by a toxin that attacks the body’s nerves, causing difficulty breathing, muscle paralysis, and even death. Berger Montague attorneys are experienced litigators in food poisoning lawsuits and are available to help you pursue justice if you or a loved one has suffered from botulism linked to a food product.

What is Botulism?

Botulism is a toxin made by the bacterium Clostridium botulinum. C. botulinum refers to a group of bacteria naturally occurring in the soil, freshwaters, and marine sediments. They have an anaerobic, gram-positive, spore-forming rod that produces the powerful neurotoxin. Only a few nanograms of the neurotoxin can cause this dangerous illness.

There are five main kinds of botulism: foodborne, wound, infant, latrogenic, and adult intestinal toxemia. Foodborne botulism occurs when foods are eaten that have been contaminated with the botulinum toxin. Common sources of foodborne botulism are foods that have been improperly canned, preserved, or fermented.

The general conditions for the toxin to grow are:

• Low-oxygen or no oxygen (anaerobic) environment
• Low acid
• Low sugar
• Low salt
• A certain temperature range
• A certain amount of water

There are about 10 to 30 cases of foodborne botulism each year in the United States. Sausages, meat products, canned vegetables and seafood products have been the most frequent vehicles for human botulism. Symptoms generally begin 18–36 hours after having a contaminated food item, but they can occur as early as 6 hours or as late as 30 days in infants. The toxin has a high mortality rate if not treated immediately and properly. The botulinum neurotoxins are one of the most powerful substances known to cause food poisoning.

Common signs and symptoms

According to the CDC, the following are common signs and symptoms of botulism:

• Difficulty swallowing
• Muscle weakness
• Double vision
• Drooping eyelids
• Blurry vision
• Slurred speech
• Difficulty breathing
• Difficulty moving the eyes
• Vomiting
• Nausea
• Stomach pain
• Diarrhea

Signs and symptoms in an infant might include:

• Constipation
• Poor feeding
• Drooping eyelids
• Pupils that are slow to react to light
• Face showing less expression than usual
• Weak cry that sounds different than usual

Potential Compensation

You may have a claim against a restaurant, retailer or food company if you or a family member has been diagnosed with foodborne botulism. Your compensation may include medical bills, pain and suffering, lost income. Disability, and loss of quality of life.

If your loved one has died from this disease, your family may have a wrongful death claim that is additionally entitled to funeral expenses and loss of care and companionship.

No Fees Without Recovery

Berger Montague represents clients on a contingency fee basis. You do not have to pay us up front for consultations or for us to represent you. You also pay nothing if we lose your case. We only take payment if and when we win your case.

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.