Topps E. coli Outbreak Lawsuit
The Ithaca Journal's coverage of an E. coli lawsuit filed against Topps by Marler Clark highlights the firm's decision to ask the Court to award punitive damages to an 8-year-old child and his mother, who both became ill with E. coli infections after eating Topps ground beef patties at a barbecue. The Journal quotes Dave Babcock, attorney for the Goodwins, on the decision to seek punitive damages and the USDA's recall policy:
“The USDA knew a child had gotten sick with E. coli for weeks ... in late August,” said Marler Clark Attorney David W. Babcock.Topps did not make a recall until Sept. 25, he said.
While the Food and Drug Administration is a pro-consumer agency, it has no jurisdiction over meat and poultry.
“The USDA does not even have the statutory authority to force a recall. They cannot recall a product; they can only ask Topps to do so. In this case they didn't,” he said.
According to an Oct. 12 Associated Press article, consumer groups, including Consumers Union and the Consumer Federation of America, are asking that the U.S. Department of Agriculture gain the authority to issue recalls.
Bill Marler of Marler Clark also commented on the punitive damages issue in a press release about the second E. coli lawsuit the firm has filed against Topps: “We are asking for punitive damages because had the company acted responsibly and recalled its products the day they discovered the E. coli contamination, Kristin and Lucas’ infections could have been prevented. It was poor judgment on the part of Topps, and although Topps paid for this mistake by going out of business, consumers like the Goodwins paid with their health.”
Why have only two lawsuits been filed?