Woman secures five-figure sum after food poisoning illness ruined holiday

“I wish I’d gone to Digby Brown sooner.”

Gail Anderson was staying at an all-inclusive resort in Mexico with her partner when she suddenly fell ill with suspected food poisoning just days before her birthday.

The couple had been enjoying their two-week package holiday at the Riu Hotel in Cancun but their final days were ruined when Gail started experiencing symptoms like a fever, intense stomach cramps and vomiting.

She endured the rest of the holiday and made it home, but it took several weeks before her more severe symptoms began to ease.

Gail recalled: “I thought it would get better but by the time we got back from the holiday I was still feeling really bad. I was throwing up, shivering and I couldn’t keep down any food or liquids.

“I saw my GP and they told me to go to the hospital so my daughter took me – she was really worried.”

Health professionals at the Glasgow Royal Infirmary assessed the 52-year-old and confirmed the presence of E. coli. Gail had to stay in hospital for several days and required help from family with personal care after she was discharged. 

One week later, Gail contacted TUI to report her illness - but an entire year and a half passed by with no communication from the package holiday organiser.

Gail said: “They told me when I first contacted them that this would be resolved in six months, but one year in I called them because I felt totally forgotten about. All they said was they were ‘working on it’.”

An offer of £3,000 was eventually made by the package holiday organiser, but the 52-year-old felt this was an unfair amount given what she had suffered.

She decided to contact Digby Brown where Andy MacDonald, Associate in our specialist Foreign & Travel team, raised the case against TUI under Package Travel Regulations.

He gathered witness statements and medical records and was able to show that it was clear where the E. coli infection was contracted as Gail had only ever consumed food and drink at the hotel.

The severity of her condition also meant she had developed post-infectious irritable bowel syndrome (IBS) with an expert asserting these symptoms could persist for up to eight years, affecting her overall quality of life.

This also meant she was unfit to work for three weeks after her holiday so she lost earnings - Andy made sure to include this in her claim for compensation.

In the end, Andy secured £30,000 in rightful compensation for Gail – 10 times the initial offer made by TUI.

Gail concluded: “I thought if I had a Digby Brown lawyer then TUI would stop trying to palm me off and would take my situation seriously - and I was right.

“Andy was brilliant and so easy to speak with. I can't believe how much more he was able to achieve for me

“In hindsight, I wish I'd gone to Digby Brown sooner, so my advice to others would be to contact them in the first instance - don't hesitate.”

If you'd like to learn more about how our specialist team could help with your accident abroad claim you can call us on 0333 200 5925 or fill in our brief enquiry form.