E. coli Lawsuit filed against Schnucks and Vaughn Foods

Screen Shot 2011-12-27.pngAnother E. coli lawsuit will be filed today against grocery chain Schnucks Supermarkets and Oklahoma-based romaine lettuce distributor Vaughan Foods. According to a complaint filed in St. Louis County Circuit Court, 61-year old Charles Meyer ate romaine lettuce from a Cool Valley, Missouri Schnucks location on several occasions prior to October 24, 2011 when he began experiencing painful gastrointestinal symptoms indicative of an E. coli infection including bloody diarrhea. The symptoms persisted and Mr. Meyer visited the doctor’s office on October 26 where he was diagnosed with food poisoning and sent to the emergency room for treatment. While in the ER, Mr. Meyer gave a stool sample which ultimately tested positive for a strain of E. coli associated with an E. coli O157:H7 outbreak linked to romaine lettuce sold at Schnucks supermarkets. He was then admitted to St. John’s Mercy Hospital where he was treated until discharged on October 30.

Marler Clark Files Lawsuit Against Schnucks on Behalf of E. coli Victim

1schnucks.gifST. LOUIS – Marler Clark, the nation’s leading law firm representing victims of E. coli outbreaks, along with St. Louis-based law firm Aleshire Robb & Sivils filed a lawsuit today on behalf of a St. Louis woman who was hospitalized with an E. coli O157:H7 infection after consuming romaine lettuce at a local Schnucks supermarket salad bar.

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.

Colorado E. coli Lawsuit filed against Bravo

On or about October 14, 2010, 14-year-old MK and her mother Lois Kirby shopped at the Costco warehouse store located at 8686 Park Meadows Center, Lone Tree, Colorado. MK ate a sample of Bravo Farms’ gouda cheese that was contaminated by E. coli O157:H7. Within a few days, MK began to feel ill and quickly developed gastrointestinal symptoms including severe abdominal cramps and diarrhea. On or about October 19, 2010, Lois and Glyn Kirby had to rush MK to a local urgent care clinic. Diagnostic tests, at that point, did not reveal that MK had been infected by E. coli O157:H7. Her parents rushed her to Phoenix Children’s Hospital the next morning. At the hospital, MK continued to suffer from severe symptoms, and required intravenous fluids for rehydration, as well as narcotic pain medication. After hours spent in the emergency department, the physicians treating MK acknowledged that they could do little more than keep MK hydrated. MK continued to suffer symptoms of her E. coli O157:H7 infection, and required additional care by her regular pediatrician. MK continues to recover from her illness.

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E. coli Lawyer and E. coli Attorney - 18 years of experience

E. coli O157:H7 was identified for the first time at the CDC in 1975, but it was not until seven years later, in 1982, that E. coli O157:H7 was conclusively determined to be a cause of enteric disease. Following outbreaks of foodborne illness that involved several cases of bloody diarrhea, E. coli O157:H7 was firmly associated with hemorrhagic colitis.

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.

Another person sickened by 2008 Jimmy John's E. coli breakout sues

Another woman who says she was hospitalized two years ago because of an E. coli infection is suing the Boulder sandwich shop that was closed temporarily after an outbreak of the illness and the company that provided sprouts to the store.

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.

Judge Approves E. coli Settlement

A federal judge has approved a settlement between Cargill Meat Solutions Corp. and a Cold Spring woman injured by contaminated meat.

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.

Big Fresno Fair Hit With $2 Million Settlement in Hemolytic Uremic Syndrome Case

According to the Fresno Bee this morning, the Big Fresno Fair has agreed to pay $2.2 million to a Fresno girl who got sick from a strain of E. coli after visiting its petting zoo in 2005. Marler Clark worked with Fresno attorney Warren Paboojian -- who represented Angela Malos, the girl who was sickened by the bacteria -- informed Fresno County Superior Court Judge Donald Black of the settlement in a Friday hearing. Angela, who is now 6 and in the first grade, was 2 when she became ill after visiting the zoo with her family. She will live with the effects of the bacteria exposure for the rest of her life, Paboojian said.

"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.

E. coli Lawsuit Filed Against Cargill

Copy of the Complaint: