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Family files suit against Taco Bell
BY CHAU LAM
Newsday Staff Writer

December 7, 2006, 11:02 PM EST

The family of an 11-year-old Medford boy who became ill after eating at a Taco Bell restaurant has filed a lawsuit against the fast-food chain and its parent company, alleging that the eatery sold food contaminated with E.coli.

The negligence lawsuit -- believed to be the first stemming from the E.coli outbreak that has sickened dozens of people in several northeastern states -- said Tyler Vormittag became ill on Nov. 24 after eating three tacos bought at the Taco Bell on Old Country Road in Riverhead.

"When I got out of the restaurant my stomach was killing me," Tyler said Thursday. "Once I got home, I got a little better. Then, two days later, I woke up in the middle of the night and started throwing up."

Tyler said he had diarrhea, but when he started to bleed on Nov. 28, his mother, Diana Vormittag, took him to the doctor. Tyler's pediatrician, who thought the youngster had contracted a virus, told his parents to monitor the boy's condition, according to Tyler's father, Keith Vormittag.

That same night, Tyler, who was in the bathroom holding his stomach, called out to his father.

"I happened to look at the toilet bowl and it was full of blood. Then, I said this is not normal," said Keith Vormittag, who took his son to St. Charles Hospital in Port Jefferson, where he was admitted.

Tyler's illness is one of several confirmed E. coli cases on Long Island. Most people with the infection suffer nausea, vomiting, stomach cramps and diarrhea -- often bloody.

Tyler and his brother had slept over their aunt's house on Nov. 23, and the next day, the aunt took the boys and her sons to Riverhead to shop for a Christmas tree, said Keith Vormittag. They stopped by the Taco Bell and Tyler's brother also had tacos, but his contained only meat. Tyler's brother didn't become ill.

In a statement, Rob Poetsch, a spokesman for the Taco Bell Corp., based in Irvine, Calif., said the health of customers and employees is very important to the company.

"We're very concerned about the well-being of anyone affected by this outbreak and our thoughts are with them," Poetsch said in a statement.

Tyler, a fifth-grader, was released from the hospital on Nov. 29 and returned to class Tuesday. He said he's feeling better, although his father said the boy's diet consists mainly of soup, some bread and lots of water. He lost 7 to 9 pounds, his father said.

The lawsuit, filed Wednesday in State Supreme Court in Riverhead, does not seek specific monetary damages.

The family's attorney, Andrew B. Siben of Bay Shore, said Tyler was in so much pain that he had to be treated with morphine. "They served food that was not safe to eat," he said. "Whether Taco Bell knew about that, it doesn't matter. They're responsible."