Chapter 5: Understanding The Pathogen At Issue
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Return to Defending Claims.
As one might expect, everything in your case (from discovery, to dispositive motions, to trial) will be driven by the type of pathogen at issue. When a claim is filed, take some time to understand completely the science relating to the specific pathogen at issue. This should include identifying where the pathogen is commonly found, whether it is an adulterant in the food product at issue, how easily the pathogen is destroyed (i.e., through cooking), the incubation period and symptomology associated with infection, and the nature and scope of potential damages that can result. The following chart, for instance, identifies some common pathogens and the corresponding incubation periods:
|
Common Pathogens |
Incubation PeriodS |
Common Symptoms |
|
|
1-6 hrs (vomiting) 6-24 hrs (diarrhea) |
Nausea and diarrhea. Typically resolves within 24 to 48 hours |
|
|
2 to 7 days (usually 3 to 5 days) |
Diarrhea (often bloody), abdominal cramps, nausea and headaches. Typically resolves within 1 to 10 days |
|
|
12 to 72 hrs (usually 18 to 36 hrs) |
Nausea, vomiting, diarrhea, fatigue, headache, dry mouth, double vision, muscle paralysis, respiratory failure. Duration is variable (days to months). |
|
|
8 to 22 hrs (average is 12 hrs) |
Diarrhea, abdominal cramps and vomiting; usually no fever. Typically resolves within 1 to 2 days. |
|
|
24+ hrs to 10 days (usually 3 to 4 days) |
Diarrhea (often bloody), abdominal cramps and vomiting; usually no fever. HUS may develop in rare cases. Typically resolves within 1 to 8 days (in non-complicated cases) |
|
|
15 to 50 days (average is 28 days) |
Diarrhea, dark urine, jaundice and flu-like symptoms, including headaches, fever, nausea and abdominal pain. Duration is variable (ranging a few weeks to 3 months). |
|
|
9-48 hrs (for GI symptoms) 2 to 6 weeks (for invasive disease)
|
Fever, muscle aches, nausea, diarrhea; pregnant women may suffer flu-like symptoms and stillbirth; elderly, immune-compromised and infants can develop sepsis and meningitis. Duration is variable. |
|
|
12 to 72 hrs (usually 24 to 48 hrs) |
Diarrhea, abdominal cramps, vomiting, headaches and fever. Typically resolves within 1 to 3 days. |
|
|
6 to 72 hrs (usually 12-36 hrs) |
Diarrhea, abdominal cramps, nausea, vomiting and fever. Typically resolves within 4 to 7 days. |
|
|
24 to 72 hrs (usually 36 to 48 hrs) |
Watery diarrhea, nausea, vomiting, abdominal cramps, chills and fever. Stool may contain blood and mucus. Typically resolves within 4 to 7days. |
|
|
30 minutes to 8 hrs (usually 2 to 4 hrs) |
Diarrhea, abdominal cramps, nausea and vomiting. Typically resolves in 24 to 48 hrs. |
