(CNN) – A Colorado man has filed the first lawsuit against McDonald’s relating to its E. coli outbreak linked to Quarter Pounders.

The outbreak has led to at least 49 illnesses across 10 states, including one death.

Eric Stelly’s lawyer says he tested positive for E. coli after a few days of pain and is still recovering.

The lawsuit accuses McDonald’s of product liability, negligence, and breach of implied warranties.

It was filed Wednesday in a Cook County, Illinois court, where McDonald’s is headquartered.

The lawyer representing Stelly says he’s also representing at least 10 other alleged victims of the outbreak.

McDonald’s has not commented on the lawsuit.

The chain’s US president said Wednesday it’s safe to eat at McDonald’s and affected ingredients are probably out of the supply chain at restaurants.

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