Filed in Orange County Superior Court on behalf of a 3-year-old Costa Mesa girl, the lawsuit alleges that contaminated beef served at a local Kebab Shop location caused a severe E. coli infection that progressed into acute kidney failure and left the child hospitalized for more than two weeks. The complaint names both The Kebab Shop and Illinois-based Olympia Food Industries, the company's former beef supplier, as defendants.
According to court filings, the girl's father, Jeffrey Gogue, purchased a chicken plate and beef kofta plate from The Kebab Shop's Costa Mesa restaurant on March 28. The family shared portions of the meal, including the beef kofta, with the child.
The lawsuit alleges that within 24 hours the girl developed bloody diarrhea, nausea, vomiting, and dehydration. Her condition reportedly deteriorated rapidly over the following days before she was admitted to a hospital on April 3 suffering from acute kidney failure.
Doctors ultimately diagnosed her with hemolytic uremic syndrome, commonly known as HUS, a rare but potentially devastating complication associated with certain strains of Shiga toxin-producing E. coli. The condition attacks red blood cells and can cause blood clotting throughout the kidneys, leading to organ damage, dialysis, long-term kidney impairment, and in severe cases death.
The child remained hospitalized for 17 days and underwent multiple blood transfusions before being discharged. According to the lawsuit, she is expected to face ongoing medical complications resulting from the kidney injury.
The lawsuit arrives less than a week after California public health officials announced an investigation linking grilled beef kofta served at The Kebab Shop to a multi-county E. coli outbreak that has sickened at least nine people statewide.
Health officials have confirmed that six of the nine known victims are children. Five individuals required hospitalization, while two developed HUS. No deaths have been reported.
San Diego County health officials previously confirmed that two local residents became infected after eating at Kebab Shop locations in the region. One of those individuals required hospitalization.
State investigators say illness onset dates ranged from March 27 through April 30. Public health authorities traced the outbreak to grilled beef kofta, a ground beef product sold throughout California locations of The Kebab Shop. The company voluntarily suspended sales of beef kofta nationwide on May 18 after investigators identified it as the likely source of exposure.
Federal investigators later issued a public health alert identifying Olympia Food Industries as the producer of the raw ground beef used in the implicated product. According to the U.S. Department of Agriculture's Food Safety and Inspection Service, samples collected during the investigation tested positive for E. coli. Additional laboratory testing remains underway to determine whether the bacteria found in those samples matches the specific outbreak strain responsible for the illnesses.
Unlike a traditional recall, federal officials did not request removal of products from stores because the affected beef was distributed directly to restaurants and was no longer believed to be available to consumers.
During a press conference in San Diego on Thursday, nationally known food safety attorney Ron Simon announced the lawsuit and accused both the supplier and restaurant chain of failing to prevent contaminated beef from reaching customers. Simon alleged that contaminated beef left Olympia's production facility undetected and that the product subsequently was not cooked to temperatures sufficient to eliminate harmful bacteria before being served.
The lawsuit asserts claims for negligence, strict product liability, and breach of implied warranties. It seeks unspecified economic and non-economic damages, medical expenses, attorney's fees, and other compensation. Simon also revealed that his firm has been retained by multiple families affected by the outbreak and indicated that additional lawsuits are expected in the coming weeks.
The Kebab Shop acknowledged the litigation in a statement but declined to address the specific allegations. The company also announced that Olympia Foods is no longer supplying beef products to the chain.
"At TKS, nothing matters more to us than the health, safety, and well-being of our customers and the communities we serve," the company stated. "We are deeply saddened and heartbroken by the recent foodborne illness reports, and our hearts go out to every individual and family who has been impacted."
Founded in downtown San Diego in 2007, The Kebab Shop has grown into one of the nation's largest Mediterranean fast-casual concepts, operating approximately 55 locations across California, Texas, and Florida.
The outbreak represents one of the most significant food safety crises in the company's nearly two-decade history and raises questions that investigators, regulators, and attorneys are now seeking to answer. Among them: whether contamination occurred during processing, transportation, food preparation, or some combination of factors within the supply chain.
For public health officials, the legal battle may ultimately prove secondary to the broader goal of determining precisely how contaminated beef reached consumers and ensuring similar outbreaks do not occur again.
Meanwhile, health officials continue urging anyone who consumed beef kofta from The Kebab Shop between late March and late April and subsequently experienced symptoms including severe stomach cramps, diarrhea, vomiting, or bloody stool to seek medical attention immediately.
The California Department of Public Health, local health departments, the U.S. Department of Agriculture, and federal food safety investigators continue their investigation.
Originally published on May 28, 2026.
