Marler Clark has been involved with other E. coli cases in Missouri:

• 2003 - Habaneros E. coli Outbreak - Missouri

• 2011 - Schnucks Romaine Lettuce E. coli Outbreak - Missouri, Multistate

• 2008 - Herb Depot & Autumn Olives Farm Raw Milk E. coli Outbreak - Missouri

• 2004 - Kid's Korner Daycare E. coli Outbreak - Missouri

• 2012 - Jimmy John's Clover Sprouts E. coli Outbreak - Missouri

According to a complaint (#IISL-CC04859) filed in St. Louis County Circuit Court, Mary Kozlowski ate romaine lettuce at a Schnucks salad bar three times in October.  By October 21, she began experiencing gastrointestinal symptoms indicative of an E. coli infection.  Ms. Kozlowski was admitted to Mercy Hospital on October 27.  Her condition continued to deteriorate and she developed hemolytic uremic syndrome (HUS), a serious complication of an E. coli infection that caused her kidneys to fail.   Ms. Kozlowski was also treated for anemia, an irregular heartbeat, severe fluid retention, and a pulmonary embolism. Ms. Kozlowski was released from the hospital on November 7; however, the complaint alleges that she still suffers ongoing symptoms related to her illness and has sustained permanent damage to her kidneys.

“My client has endured a great deal of terror, pain, and suffering – all because she ate a salad,” said Kozlowski’s attorney William Marler.  “When you purchase food, you believe it may do a number of things - provide nourishment, taste good, or even just fill you up. What you don’t intend is for that food to endanger your life.”

Ms. Kozlowski’s illness is one of at least 60 E. coli illnesses associated with what the Centers for Disease Control and Prevention (CDC) is calling a 10-state E. coli outbreak linked to romaine lettuce used in salad bars in various Schnucks stores.  According to a CDC report published December 7, the romaine lettuce came from a single source, though neither Schnucks nor the CDC has released its name. The romaine lettuce was also served at universities in Minnesota and Missouri.

MARLER CLARK is the foremost law firmed dedicated solely to representing victims of foodborne illness.  The law firm’s E. coli lawyers have unparalleled experience and have recovered over $600,000,000 for victims of foodborne illness since 1993.  To speak with an attorney, or if you are a member of the media and would like to view a copy of the complaint, contact Cody Moore at 1-206-407-2200 or cmoore@marlerclark.com.

The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications. The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness.

E. coli O157:H7 bacteria are believed to mostly live in the intestines of cattle but have also been found in the intestines of chickens, deer, sheep, goats, and pigs. E. coli O157:H7 does not make the animals that carry it ill; the animals are merely the reservoir for the bacteria.

While the majority of foodborne illness outbreaks associated with E. coli O157:H7 have involved ground beef, such outbreaks have also involved unpasteurized apple and orange juice, unpasteurized milk, alfalfa sprouts, and water. An outbreak can also be caused by person-to-person transmission of the bacteria in homes and in settings like daycare centers, hospitals, and nursing homes. We are involved in representing families of children who have suffered from this bacterium.

• AFG / Supervalu E. coli Outbreak - Minnesota
• AgVenture Farms Petting Zoo E. coli O157:H7 Outbreak Litigation - Florida
• Aunt Mid’s Lettuce E. coli outbreak -  Michigan, Illinois, and Ontario
• Bauer Meat E. coli Litigation - Georgia
• Big Fresno Fair E. coli Outbreak 2005
• BJ’s Wholesale Club E. coli Litigation - New York and New Jersey
• California Romaine Lettuce E. coli Outbreak - Washington State
• Camp Bournedale-South Shore Meats E. coli Outbreak - Rhode Island, Massachusetts
• Captain’s Galley Seafood Restaurant E. coli Outbreak - North Carolina
• Cargill E. coli Outbreak - Nationwide
• Carneco / Sam’s Club E. coli Outbreak - Wisconsin & Michigan
• CCC Alternative Learning Daycare E. coli Outbreak - Texas
• China Buffet E. coli Outbreak - Minnesota
• ConAgra Ground Beef E. coli Outbreak - Nationwide
• Country Cottage Restaurant E coli O111 Outbreak - Oklahoma
• Crossroads Farm Petting Zoo E. coli Outbreak - North Carolina
• Cuyahoga County E. coli and HUS outbreak - Ohio
• Dee Creek Farm E. coli Outbreak - Washington & Oregon
• Dole Lettuce E. coli Outbreak - Minnesota, Wisconsin, and Oregon
• Dole Spinach E. coli Outbreak - Nationwide
• Dungeness Valley Creamery E. coli Outbreak - Washington State
• Emmpak E. coli Outbreak - Wisconsin
• Excel E. coli Outbreak - Georgia
• Fairbank Farms E. coli Outbreak - New England
• Finley Elementary School E. coli Outbreak - Washington
• Flanders Provision Co. E. coli Outbreak - Colorado, Nationwide
• Forest Ranch Fire Department Fundraiser E. coli Outbreak - California
• Freshway Lettuce E. coli 0145 outbreak - Michigan, Ohio, New York, Tennessee, and Pennsylvania
• Fresno Meat Market E. coli Outbreak - California
• Gold Coast Produce E. coli Outbreak - California
• Golden Corral E. coli Outbreak - Nebraska
• Habaneros E. coli Outbreak - Missouri
• Herb Depot & Autumn Olives Farm Raw Milk E. coli Outbreak - Missouri
• Interstate Meat E. coli O157:H7 Outbreak - Oregon, Washington & Idaho
• Ixtapa Mexican Restaurant E. coli outbreak - Washington State
• Jack in the Box E. coli Outbreak - Western States
• JBS Swift E. coli Outbreak - Nationwide
• Jimmy John’s Gourmet Sandwiches E coli Outbreak - Colorado
• Karl Ehmer Meats E. coli Outbreak – New Jersey
• KFC E. coli Outbreak - Ohio
• Kid’s Korner Daycare E. coli Outbreak - Missouri
• Kindercare E. coli Outbreak - California
• King Garden Restaurant E. coli Outbreak - Ohio
• Lane County Fair E. coli Outbreak - Oregon
• National Steak and Poultry E. coli O157:H7 outbreak - nationwide
• Nebraska Beef E. coli Litigation - Minnesota
• Nebraska Beef E. coli Outbreak, 2008 - Nationwide
• Nestle Toll House Cookie Dough E. coli Outbreak - Nationwide
• Odwalla E. coli Outbreak - Western States
• Olive Garden E. coli Outbreak - Oregon
• Organic Pastures E. coli Outbreak - California
• Parsley E. coli Outbreak - Washington & Oregon
• Peninsula Village E. coli Outbreak - Tennessee
• PM Beef Holdings, Lunds & Byerly’s E. coli Outbreak - Minnesota
• Robeson Schools E. coli Outbreak - North Carolina
• Robinswood Pointe Senior Living Facility E. coli Outbreak - Washington
• Rochester Meat Company E. coli Outbreak - Wisconsin, California
• Rocky Mountain Natural Meats Bison E. coli outbreak 2010 - Colorado New York
• S & S Foods - Goshen Boy Scout Camp E. coli Outbreak - North Carolina
• Sizzler E. coli Outbreak - Wisconsin
• Sodexho Spinach E. coli Outbreak - California
• Spokane Produce E. coli Outbreak - Washington, Oregon, Idaho
• Stop & Shop E. coli Case - New Hampshire
• Taco John’s E. coli Outbreak – Iowa and Minnesota
• Topps and Price Chopper E. coli Case - New York
• Topps Meats E. coli Outbreak - Nationwide
• Totino’s and Jeno’s Pizza E. coli Outbreak
• United Food Group E. coli Outbreak - Western States
• Valley Meats E. coli Outbreak - Ohio, Illinois, Pennsylvania
• Washington County Fair E. coli Outbreak - New York
• Wendy’s E. coli Outbreak - Oregon
• Wendy’s E. coli Outbreak - Utah
• White Water Water Park E. coli Outbreak - Georgia

In a lawsuit filed Sept. 20 in Boulder County Court — just meeting the statute of limitations — Sophia Wolf said she went to Jimmy John's at 1125 13th St. on Sept. 20, 2008, and ordered and ate a sandwich that contained sprouts. Within a few days, Wolf said in the lawsuit, she started getting stomach pains that included symptoms like nausea vomiting and diarrhea that turned bloody.

She went to the emergency room at Boulder Community Hospital on Sept. 26, according to the lawsuit, and underwent tests. While waiting for the results, Wolf said in the lawsuit, she continued to suffer from symptoms and lost about 15 pounds.

A short time later, she was notified that she tested positive for having the E. coli bacteria in her system — the same strain that 17 other people had tested positive for in the Boulder area around that time, according to the lawsuit. Boulder County Public Health later concluded that the source of the outbreak was alfalfa sprouts and secondary person-to-person transmission at the Boulder Jimmy John's store.

The sprouts that were provided to Jimmy John's were manufactured and sold by Sprouts Extraordinaire in Denver. Shamrock Foods and Sysco Food Services Denver distributed the sprouts, according to the lawsuit.   Numerous defendants named in the lawsuit include Sprouts Extraordinaire, Jimmy John's, Shamrock Foods and Sysco Denver.

In October of 2008, a University of Colorado student was first to file a lawsuit in connection with the E. coli outbreak. Katie Pendleton sued the operator of the Boulder Jimmy John's after she said she was hospitalized twice after eating there.  That case was resolved, but the judgement has been sealed.

U.S. District Judge Donovan Frank signed off on the settlement in a sealed court order Tuesday. Terms of the settlement were undisclosed.

Our client, former children's dance instructor Stephanie Smith sued after E. coli in a Cargill-made hamburger left her paralyzed. Smith was the subject of a Pulitzer Prize-winning New York Times story (found here) about food safety.

"This has altered Angela's life," he said after the hearing. Angela suffered strokes and kidney failure leading to dialysis. She recovered and is fine mentally, said her father, former KMPH (Channel 26.1) anchor John Malos, but the infection permanently affected her motor skills, requiring a full-time aide at school. She also has very limited vision in her right eye from the bacteria.

For more information on past Petting Zoo and Fair outbreaks, visit www.fair-safety.com.

Woman's Shattered Life Shows Ground Beef Inspection Flaws

It was a busy week for Cargill in the news last week:

Cold Spring E. coli survivor sues Cargill for $100M

Family of E. coli victim sues Cargill for $100 million

Minn. woman sues Cargill for tainted hamburger

Minnesota E. coli victim files $100M lawsuit against Cargill

Minn. woman sues Cargill for $100M over tainted meat

Dancer Paralyzed by E. coli Sues Cargill

Here is a video that should drive the point home:

Lincoln resident Barry Santos is the plaintiff on behalf of his daughter Lynn Santos. Lynn and other Lincoln sixth graders and staffers spent Oct. 13 through Oct. 16 doing activities on a class trip at Camp Bournedale in Plymouth, Mass. On the the trip's last day, they ate burgers.

The suit, filed Friday in Plymouth County, Mass., Superior Court, alleges that Crocetti-Oakdale Packing, doing business as South Shore Meats, sold the "contaminated food" consumed that day and that it "was not fit for the uses and purposes intended by the defendant, i.e.. human consumption," according to a draft copy of the suit.

Some 20 to 30 Lincoln Middle School students and chaperones got sick from E. coli when they returned home, according to the Rhode Island Department of Health spokeswoman.

Earlier this month, Lincoln resident Jaimee Richmond, the mother of middler schooler Austin Richmond, filed suit against the same business.

Somerset, Mass., lawyer Steven P. Sabra is co-counsel for both lawsuits along with the Seattle-based firm Marler Clark, which specializes nationally in litigation involving food-borne illness allegations.
South Shore Meats, in Brockton, issued a voluntary recall after E. coli was found in leftover ground beef samples taken from the camp by the Massachusetts Department of Public Health, according to a Rhode Island Department of Health advisory in October.

Michael Moss does an amazing job of exposing the underbelly of how our meat is produced in the United States.

E. coli O157:H7 is a deadly bacteria that nearly took Stephanie Smith's life.  Every day is a struggle for her now due to the ravages of Hemolytic Uremic Syndrome.

Despite the odds, she promises to dance again. Read her story and see the videos the New York Times produced - "The Burger That Shattered Her Life."

Cargill's Response:

"In October 2007 when we learned there may be a problem, we immediately instituted a voluntary recall. A number of people were sickened, including Ms. Smith. Our hearts go out to Ms. Smith and her family, as well as the others whose lives have been so affected by O157:H7. Cargill conducts nearly 400,000 tests for pathogens each year using a testing methodology that exceeds U. S. Department of Agriculture standards. We also require our suppliers to test using a methodology that exceeds USDA standards. A complete food safety system combines antimicrobial interventions, employee training and safe food-handling procedures with testing. The testing verifies the effectiveness of all of these procedures. Over the past 10 years, Cargill has invested $1 billion in ongoing meat science research and new food safety technologies and interventions. We are committed to continuous improvement in the area of food safety."

The 2006 outbreak of E. coli tied to spinach sickened more than 205 people nationwide, many gravely. More than 31 developed Hemolytic Uremic Syndrome (HUS) and five lost their lives.

One of the most critically ill was Jane Majeska of Fond du Lac, Wisconsin, an 85-year old woman whose fight to stay alive in the months after she consumed the Dole E. coli O157:H7-tainted spinach cost almost a $500,000 dollars. William Marler of the Seattle-based foodborne illness law firm Marler Clark, along with the Fond du Lac firm of Sager, Colwin Samuelsen, this past week filed a lawsuit  in the Fond du Lac branch of the Wisconsin Circuit Court against Dole, Natural Selection Foods, Mission Organics and Pic-n-Save.

“This amazing woman fought through serious medical traumas and has continued to fight to win back her health,” said Marler. “Jane Majeska is alive today because she was incredibly healthy and active before she ate contaminated food, because she had tremendous medical care, and because she fought every hour of every day to get better,” continued Marler. “No one should have to go through that, but if they do, they certainly shouldn’t have to sue to be compensated for it. But sometimes, that’s what it takes.”

Jane Majeska ate Dole spinach in late August 2006. Within days, she was experiencing nausea, vomiting, and diarrhea that became bloody. She was admitted to the hospital as her kidneys failed and she was diagnosed with HUS. Her months in the hospital were marked by increasingly invasive procedures to address her cascading illnesses. In addition to renal failure, she experienced stroke, cognitive impairment, a collapsed lung, a pulmonary embolism, and the inability to eat or breathe on her own. She was given dialysis, blood transfusions, plasmapheresis, and survived on a feeding tube and ventilator. Even as she began to improve, she required aggressive physical, occupational, and speech therapy, as well as rehabilitation nursing.

Although E. coli outbreaks are often associated with meat, produce-borne outbreaks have become more frequent in recent years. The Center for Science in the Public Interest noted that fully 25 percent of E. coli outbreaks from 1990-1998 were traced to produce. Data from the Centers for Disease Control show that over the last 12 years, twenty-two E. coli outbreaks have been traced specifically to leafy greens.

Three Family Members Sickened in Wisconsin, One Gravely.

A Wisconsin family sickened in the JBS Swift Beef Company outbreak of E. coli O157:H7 will file suit against the company Wednesday. The lawsuit will be brought by the Seattle-based foodborne illness law firm Marler Clark in the Federal Court, Eastern District of Wisconsin. This is the third lawsuit filed by Marler Clark in the aftermath of the JBS Swift outbreak, which sickened at least 23 people in nine states, 12 of whom had to be hospitalized.

“This has been a very difficult summer for contaminated meat,” said the family’s attorney, Drew Falkenstein. “Not only have there been several E. coli recalls, but now there is also a large recall of beef contaminated with Salmonella by Beef Packers Inc. With the huge uptick of tainted meat in the last several years, it’s vital that we dedicate resources on every level to prevent more families from going through what the Rosplochs had to endure.”

Nicole and Gerard Rosploch purchased ground beef from a Pick N Save near their home in Brookfield; the meat was later determined to be part of the recall of 420,000 pounds of beef by the JBS Swift Company of Greeley, Colorado. The family (except for Nicole, a vegetarian) made and consumed hamburgers on Sunday, July 19. By Thursday, Gerard and their two sons began to have abdominal cramps and nausea. On Friday, the 7-year-old began to experience frequent episodes of vomiting and frequent diarrhea, some of it bloody. His parents took him to the ER, where he was checked and released, having submitted a stool sample. Meanwhile his older brother, 11, began to show increased signs of illness including vomiting and diarrhea. Gerard’s illness also continued, although not as severe as his sons’.

When the youngest child continued to worsen, he was returned to the ER, where it was learned that the stool sample he previously submitted was positive for E. coli O157:H7. He was admitted to the hospital, where he continued to be very ill. By July 28, tests revealed that he had developed hemolytic uremic syndrome, or HUS—a complication of E. coli infection. The child had to have dialysis for the next 10 days, as well as blood transfusions.

Meanwhile, Gerard began to improve, but his 11-year-old son was still sick at home. For several weeks, the parents split hospital and home care responsibilities.

Their younger son is now also at home, and continues to recover from his illness. He is still on medication to regulate his blood pressure. The genetic fingerprint of the E. coli in his stool sample was a match to that of the JBS Swift outbreak.

The lawsuit was filed on behalf of the family of 14- year old Alex Roerick by his attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Alex ate dinner with his grandma on May 10, 2009. He began to experience flu-like symptoms including fatigue, fever, nausea, diarrhea, and vomiting by May 13. Alex’s symptoms worsened and he was admitted on May 15th to Denver's Presbyterian St. Luke's Medical Center. He was released several days later, before being rushed back again due to severe bloody diarrhea. His doctors determined that Alex had developed hemolytic uremic syndrome, or HUS, a devastating complication of his E. coli O157:H7 infection.

The genetic fingerprint of the E. coli found in Alex’s stool matches that of others sickened in the nationwide outbreak tied to recalled JBS Swift Beef. He continues to experience effects of his illness.

“JBS Swift and the FSIS were much too slow about releasing information on where the beef was distributed,” said Marler. “Even with widespread consumer pressure, the information was only released a day before the 4th of July holiday, not nearly enough time to get the word out to families that might have the contaminated meat in their homes. Our government agencies need to work faster in recall situations to prevent more people from suffering what Alex and his family have experienced.”

In the early morning hours of Sunday, June 28, the JBS Swift Beef Company expanded its earlier recall of 41,280 pounds of beef contaminated with the highly toxic pathogen E. coli to include an additional 380,000 pounds.

The beef recalls are FSIS (Food Safety and Inspection Service) Class I, meaning that the "use of the product will cause serious, adverse health consequences or death." After years of large recalls, focused efforts by meat regulators brought down E. coli contamination recalls to a low of 182,000 pounds in 2006. Recalls shot up again in 2007, and in the ensuing years (2007-2009), over 41 million pounds of beef have been recalled due to contamination with E. coli.

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad. His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year. He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death. His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce. In 1998, Mr. Marler formed the not for profit, Outbreak Inc. He spends much of the year speaking on how to prevent foodborne illnesses.

An E. coli lawsuit was filed today on behalf of a Denver-area child who became gravely ill with E. coli O157:H7 after eating refrigerated Nestle Toll House cookie dough.  The lawsuit was filed on behalf of the family of Madison Sedbrook by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Six-year-old Madison ate Nestle Toll House refrigerated cookie dough several times in mid-April, 2009.  She began to experience flu-like symptoms including fatigue, fever, nausea, and vomiting.  Not knowing the source of her illness, she continued to eat Nestle cookie dough, and by the first week of May, she had abdominal cramps, fever, and bloody diarrhea.  Over the next several weeks, the family sought medical care several times for Madison’s illness, which deepened in severity.  She was admitted to the hospital and then released before being rushed back and admitted to pediatric intensive care.  It was determined that Madison had hemolytic uremic syndrome, or HUS, a complication of her E. coli infection, which was not diagnosed until her second hospital stay.  The genetic fingerprint of the E. coli O157:H7 found in her stool matches that of the nationwide outbreak tied to cookie dough.

“This child – and this family – have been through a terrible ordeal, not the least of which is how many times they sought care before E. coli was detected,” said Marler, who spoke from the National Environmental Health Association (NEHA) convention..  “In order to detect and limit foodborne illness outbreaks, we have to make changes in our healthcare system; doctors and emergency health providers need to be encouraged to test for foodborne pathogens any time these symptoms – especially bloody diarrhea - are present.”   

On Monday, the CDC released updated information on the nationwide outbreak, which now encompasses 70 ill in 30 states.  Thirty people have been hospitalized, and 7 have developed HUS.  Almost seventy percent of the victims are female and under the age of 19.  Nestle USA has voluntarily recalled the product, and stopped production at the facility that made it and are cooperating with FDA and CDC to pinpoint the cause.

“State health departments did a great job of getting to the bottom of this outbreak, and getting the word out,” continued Marler.  “But more resources are needed to speed the process up.  Every day saved means dozens, maybe hundreds of families spared the Sedbrook family experience.”

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad.  His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year.  He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death.  His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce.  In 1998, Mr. Marler formed the not for profit, Outbreak Inc.  He spends much of the year speaking on how to prevent foodborne illnesses.