E Coli Lawyer & Attorney : Marler Clark Law Firm : E. coli Blog

Marler Clark filed two E. coli lawsuits against Organic Pastures on February 7, 2008. The lawsuits were filed in Fresno County Superior Court on behalf of two children who developed hemolytic uremic syndrome (HUS) secondary to E. coli O157:H7 infection after consuming Organic Pastures raw milk.

The California Department of Health Services (CDHS) and California Department of Food and Agriculture (CDFA) conducted an investigation into the E. coli outbreak in September of 2006. CDHS and CDFA identified six children who had become ill with either E. coli O157:H7 or HUS and learned that all six had consumed Organic Pastures raw milk or colostrum in the days before becoming ill.

While investigating the cause of the children’s illness, pulsed field gel electrophoresis (PFGE), or “genetic fingerprinting” confirmed that five of the six children were infected with the same strain of E. coli; the sixth did not test positive for E. coli but had HUS. An investigation at Organic Pastures led to the discovery that several cows were infected with E. coli O157:H7, although the strain was different from the outbreak strain. CDHS determined that unpasteurized dairy products from Organic Pastures were the likely source of the outbreak.

Eleven-year-old Lauren Herzog and 9-year-old Chris Martin both consumed raw milk produced by Organic Pastures in early September of 2006. Lauren became ill with symptoms of E. coli infection on September 6. Her illness subsequently developed into HUS, a life-threatening complication of E. coli infection that can cause kidney failure and central nervous system impairment, and she was hospitalized on September 8. Lauren suffered acute renal failure and required approximately two weeks of daily kidney dialysis. She remained hospitalized until October 18, 2006, when she was discharged with over $250,000 in medical bills.

Chris became ill with symptoms of E. coli infection on September 5, 2006 and he was hospitalized on September 7. Like Lauren, Chris suffered HUS. His condition worsened and he was transported by helicopter to a Children’s hospital and was placed in pediatric intensive care. Chris’ kidneys failed and he required weeks of daily dialysis, as well as multiple blood transfusions. He was placed on a ventilator as a result of impending congestive heart failure, and remained on the ventilator for five days, was briefly taken off the ventilator, and later returned for several more days. Chris suffered a number of seizures as a result of his HUS. He also developed high blood pressure and pancreatitis. Chris was discharged from the hospital on November 2, 2006, nearly two months after he was admitted, with over $450,000 in medical bills.

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Lawyers for parties involved in claims that arose from the 2006 E. coli outbreak traced to contaminated spinach from California's Salinas Valley are meeting this week in the hopes of resolving claims brought by several Marler Clark clients.  Dawn Withers, a reporter with the Salinas Californian, interviewed attorney Bill Marler about the cases he is negotiating this week in a story that appeared in today's paper. 

The cases under negotiation this week involve people sickened in Utah, New York and Wisconsin, Marler said.

The lawyer is negotiating settlements with Dole, Natural Selection Foods and Mission Organics.

Cases involving deaths have been settled, Marler said, while cases involving people who were sickened, but not gravely, are also almost settled. What remains are cases involving people who suffered extreme illness, usually kidney failure or complications, he said.

During the 2006 spinach outbreak, 205 people were confirmed ill with the strain of E. coli responsible for the outbreak, and five people died. Public health agencies ultimately identified the source of the outbreak as Dole-brand baby spinach that was processed at Natural Selections Foods and grown by Mission Organics

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The Associated Press broke the story yesterday that a Wisconsin family's E. coli lawsuit - one stemming from the 2006 spinach E. coli outbreak - had been resolved without going to trial.  Dinesh Ramde, AP business writer, wrote:

The agreement was reached in October but not filed in federal court until last week. It still needs approval from a federal judge, which Marler said he is confident will happen.

The national outbreak in September 2006 was traced to tainted spinach produced by Natural Selection Foods LLC. Three people died, including 77-year-old Marion Graff of Manitowoc.

Of the 204 people sickened by the tainted greens, Marler said about 100 have brought a lawsuit. His firm is handling 83 cases and has resolved 51 within the past few months.

On September 14, 2006, the Food and Drug Administration (FDA) announced that a nationwide E. coli outbreak had been associated with the consumption of bagged baby spinach. For fear of E. coli contamination, all bagged spinach was recalled nationwide, and on September 19, 2006, FDA announced that all spinach implicated in the outbreak had been traced back to Natural Selection Foods, a company located in California’s Salinas Valley.

FDA and the Centers for Disease Control and Prevention (CDC) confirmed 204 E. coli illnesses associated with the spinach E. coli outbreak, including thirty-one cases of hemolytic uremic syndrome, 104 hospitalizations, and three deaths. Victims of the E. coli outbreak were identified in 26 states: Arizona, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Mexico, New York, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Wisconsin was the state hardest-hit in the outbreak, with 49 confirmed cases of E. coli. Canada reported one confirmed case.

A joint trace back by FDA and the State of California revealed that four spinach fields were the possible source of the E. coli contamination. The outbreak strain of E. coli was isolated from cattle fields nearby the implicated spinach fields, as well as from a wild boar that was killed in one of the fields.

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Marler Clark filed a lawsuit today in United States District Court for the District of Minnesota on behalf of Knoxville, Tennessee, residents Jim and Georgia McDonald and their two children, who both became ill with E. coli O157:H7 infections and were hospitalized after eating hamburgers made from Cargill ground beef patties in September. 

According to the complaint, the McDonald family purchased Cargill ground beef patties on September 17^th and cooked and ate the hamburgers on September 29^th. Four-year-old John McDonald was seen in the emergency room on October 3, where he was treated for dehydration and released. The next day, he was taken by ambulance to East Tennessee Children’s Hospital, and was admitted. While hospitalized, John developed hemolytic uremic syndrome, pancreatitis, compromised liver function, and bowel necrosis. He was later transferred to the University of Tennessee Medical Center for dialysis, and on October 16^th underwent surgery to have part of his bowel removed. After nearly a month’s hospitalization, John was discharged from the hospital on October 29, but has not yet fully recovered from his E. coli infection and the following complications. 

One-year-old Michaela McDonald fell ill with symptoms of E. coli infection about a day after John, and was treated for dehydration at the emergency room on October 5^th. By October 7, Michaela’s symptoms had not improved, and she was admitted to East Tennessee Children’s Hospital. When her brother was transferred to the University of Tennessee Medical Center, Michaela was also transferred. She remained hospitalized for over a week.

For further information about the lawsuit, please contact Suzanne Schreck at (206) 346-1879 or sschreck@marlerclark.com.

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NEWS RELEASE
For further information contact:
Suzanne Schreck
(206) 346-1879
sschreck@marlerclark.com

Marler Clark filed the firm’s second E. coli lawsuit against Cargill today on behalf of Elk River, Minnesota, residents John and Barb Reber and their son, Scott, who became ill with an E. coli infection and was hospitalized for three days after eating a hamburger made from a Cargill ground beef patty. This lawsuit was filed in Sherburne County District Court.

According to the complaint, Scott Reber ate a hamburger made from a Cargill ground beef patty on September 22. By September 25, Scott had developed a gastrointestinal illness with symptoms typical of E. coli infection, and was hospitalized on September 28. While he was hospitalized, Scott’s parents learned that a stool specimen submitted for testing had tested positive for E. coli O157:H7. 

“To date, Cargill has made no effort to compensate my clients for medical expenses or lost wages even though its product has been definitively linked to their illnesses,” said William Marler, managing partner of Marler Clark, who is in Minneapolis mediating E. coli cases stemming from the September 2006 spinach-related E. coli outbreak and this summer’s E. coli outbreak linked to ground beef sold at Lunds and Byerly’s stores near Minneapolis.

“It’s time players in the meat industry, the USDA, and other entities involved in ensuring meat safety stepped up to the plate and stopped talking about putting food safety first and put money where their mouths are,” Marler added.

BACKGROUND: William Marler has been involved in E. coli cases since the Jack in the Box outbreak of 1993, when he won a settlement of $15.6 million for nine-year-old Brianne Kiner. His firm, Marler Clark, has prosecuted dozens of E. coli cases in Minnesota, including those related to the 2007 ground beef E. coli outbreak traced to PM Beef Holdings and Lunds Food Holdings; the 2006 E. coli outbreak stemming from consumption of E. coli-contaminated ground beef produced by Nebraska Beef and sold at Supervalu, then served at a church supper in Longville, Minnesota; the 2006 E. coli outbreak traced to the consumption of Dole brand baby spinach; a 2006 E. coli outbreak at Taco John’s restaurants that was ultimately traced back to E. coli-contaminated lettuce; an E. coli outbreak in 2001 that was traced to a China Buffet restaurant; and an E. coli outbreak in 2000 linked to ground beef produced by AFG and sold by Supervalu and Cub Foods. 

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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.”

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SEATTLE, WA (October 17, 2007) – A lawsuit seeking punitive damages was filed today against Topps, the New Jersey beef supplier that recalled nearly a year’s supply of frozen ground beef patties after its products were identified as the source of an E. coli outbreak in September.  The lawsuit was filed on behalf of Groton, New York, residents Keith and Kristin Goodwin and their 8-year-old son, Lucas, in Tompkins County Supreme Court by Seattle-based Marler Clark and Rochester-based Underberg & Kessler.

In the lawsuit, the Goodwin family’s attorneys state that Topps had knowledge of consumer illness tied to its products and a positive E. coli sample from its ground beef patties no later than September 8^th, seven days before Kristin and Lucas Goodwin ate Topps hamburgers.  Both mom and son were hospitalized on September 24^th, and both later tested positive for a genetically indistinguishable strain of E. coli O157:H7 from that isolated from Topps ground beef patties.  Kristin was released from the hospital on September 26^th, but Lucas developed hemolytic uremic syndrome and remained hospitalized for eight days.  While they were hospitalized, Topps recalled 332,000 pounds of ground beef products.  The company later expanded the recall to include 21.7 million pounds of ground beef. 

“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,” said attorney William Marler, managing partner of Marler Clark.  “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.”

BACKGROUND INFORMATION:  Marler Clark has represented thousands of victims of E. coli, Salmonella, and other foodborne illness outbreaks since 1993.  Marler Clark and Underberg & Kessler have combined efforts to represent victims of a number of outbreaks, including 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002, a young child who contracted E. coli and HUS after eating a Topps hamburger purchased at an Albany Price Chopper in 2005, and several victims of the Dole spinach E. coli outbreak in September, 2006.  For further information, contact Suzanne Schreck at (206) 346-1879 or sschreck@marlerclark.com.

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An E. coli lawsuit was filed today in Minnesota against Cargill Meat Solutions Corporation, the meat company whose frozen ground beef products were identified as the source of an E. coli O157:H7 outbreak in September and October. The lawsuit was filed in Dakota County District Court on behalf of Dakota County residents Eric and Jennifer Gustafson and their two children, Callie and Carson, who both suffered E. coli infections after eating Cargill ground beef patties at a barbecue in September. Callie’s E. coli infection led to hemolytic uremic syndrome, and she was hospitalized for seven days. 

The Gustafson children’s cases were two of three E. coli cases that triggered an investigation by the Minnesota Department of Health and Minnesota Department of Agriculture which eventually led to Cargill’s recall of 845,000 pounds of frozen ground beef patties for E. coli contamination on October 6, 2007. The Cargill products were sold at retail establishments, including Sam’s Club, and to restaurants and other institutions throughout the United States. Since the investigation began in Minnesota, E. coli illnesses tied to Cargill ground beef products have been identified in Minnesota (5), Wisconsin (5), North Carolina (2) and Tennessee (3). Many of the E. coli cases involve children or young adults with HUS. According to news reports, children in Minnesota and Tennessee still remain hospitalized in critical condition.

“This is not the first time that Cargill or one of its many subsidiaries has had E. coli-related problems that led to illness,” said William Marler of Marler Clark, the Gustafsons’ attorney, who pointed out that he has represented victims of prior E. coli outbreaks traced to Cargill products. “In 2000, Cargill was implicated as the seller of E. coli-contaminated meat during the Milwaukee Sizzler E. coli outbreak that sickened 60 and killed one young girl. In July 2001, Cargill recalled 200,000 pounds of ground beef after being linked to an illness in Georgia. And again in 2002, Cargill sickened 57 in Wisconsin and Minnesota and recalled over 500,000 pounds of contaminated ground beef.”

Since spring of 2007, nearly 30 million pounds of ground beef has been recalled in the United States. Marler added, “It seems like the wheels are coming off the beef industry. With millions of pounds of meat pulled from shelves and hundreds sickened, there must be a through investigation of an industry clearly out of control.”

BACKGROUND: William Marler has been involved in E. coli cases since the Jack in the Box outbreak of 1993, when he won a settlement of $15.6 million for nine-year-old Brianne Kiner. His firm, Marler Clark, has prosecuted dozens of E. coli cases in Minnesota, including those related to the 2007 ground beef E. coli outbreak traced to PM Beef Holdings and Lunds Food Holdings; the 2006 E. coli outbreak stemming from consumption of E. coli-contaminated ground beef produced by Nebraska Beef and sold at Supervalu, then served at a church supper in Longville, Minnesota; the 2006 E. coli outbreak traced to the consumption of Dole brand baby spinach; a 2006 E. coli outbreak at Taco John’s restaurants that was ultimately traced back to E. coli-contaminated lettuce; an E. coli outbreak in 2001 that was traced to a China Buffet restaurant; and an E. coli outbreak in 2000 linked to ground beef produced by AFG and sold by Supervalu and Cub Foods. 

Marler comments on food safety and E. coli outbreaks on his blog, www.marlerblog.com. More about Marler Clark can be found at www.marlerclark.com.

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Marler Clark client Emily McDonald's mom was interviewed for a story that is online on the Albany Times-Union website.  Catherine McDonald expressed her concern that other people might have recalled Topps hamburger patties still in their freezers, and spoke of Emily's illness with Cathleen Crowley, who has interviewed other Marler Clark clients from the Albany region.

One important message that was delivered in the story was the fact that Emily's doctors did not treat her with antibiotics without knowing whether she was suffering from E. coli or not.  The administration of antibiotics is believed to be a potential contributing factor to children developing hemolytic uremic syndrome. 

As Ms. Crowley reported:

Doctors could not give Emily antibiotics or pain killers, which can slow the expulsion of the bacteria from the body and cause more complications, said Josh Schaffzin, the state Department of Health's medical director of the regional epidemiology program.

After 2 days in the hospital and several weeks recovering at home, Emily was able to start school with her third-grade classmates at St. Pius X School in Loudonville. She's returned to her soccer team and is starting saxophone lessons.

"But she'll never eat a hamburger again," her mom said.

The USDA issued an update to the Topps E. coli recall on October 6, highlighting the products included in the expanded recall.

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In what is now the largest E. coli outbreak in Alabama in 20 years, 18 people who ate at Little Rosie's restaurant in Huntsville, Alabama, have been confirmed as suffering from E. coli O157:H7 infections, and testing is being conducted to determine whether there are additional victims of the outbreak.  In an article for the Huntsville Times, Dr. Debra Williams, assistant director of the Huntsville-Madison County Health Department, commented on the outbreak:

Williams said she expects more confirmed cases before it is over. The bacteria usually do not show up right away in stool samples, and some restaurant customers who had E. coli symptoms - diarrhea and painful abdominal cramps - were just tested this week.

The newest confirmed victims are a 65-year-old man and a 43-year-old woman. Neither got sick enough to need hospital care, Williams said.

Although state and county health officials point to shredded lettuce as the most likely culprit, Bill Marler, a Seattle lawyer who specializes in foodborne illness cases, said he suspects that the outbreak ultimately will be tied to ground beef.

E. coli contamination has led to the recall of several million pounds of meat from different distributors this spring and summer.

The Huntsville Times also reported that two people remain hospitalized with hemolytic uremic syndrome, and a third hospitalized E. coli victim's status was not available.  Hemolytic uremic syndrome is a frightening illness that even in the best American medical facilities has a mortality rate of about 5%. About 50% of patients require dialysis due to kidney failure, 25% experience seizures, and 5% suffer from diabetes mellitus. Among survivors of HUS, about five percent will eventually develop end stage kidney disease, with the resultant need for dialysis or transplantation, and another five to ten percent experience neurological or pancreatic problems which significantly impair quality of life.

Marler Clark has represented thousands of victims of E. coli and other foodborne illness outbreaks, including hundreds who developed HUS.  The firm currently represents dozens of victims of last year's E. coli outbreak traced to bagged spinach, as well as those victims of E. coli outbreaks traced to lettuce served at Taco Bell and Taco John's locations.  Marler Clark has filed recent E. coli lawsuits against the Fresno Meat Market and PM Beef Holdings, Lunds, and Byerly's.

More from the Huntsville Times article:

It is "highly likely" that some Little Rosie's customers who got sick will sue the restaurant, Marler said. There have been substantial jury awards in past E. coli outbreaks. In 1993, Marler represented a 9-year-old girl whose kidneys failed after she ate a bacteria-tainted burger from a Jack in the Box in Seattle. Jurors ordered the restaurant chain to pay $15.6 million in damages, he said.

Marler said he has seen restaurants in these situations offer to pay customers' hospital bills.

"These (kidney failure) victims are literally going to have hundreds of thousands of dollars in medical bills," he said. For restaurant owners, "saying you're sorry and paying the medical bills has been a pretty effective tool for getting the public on your side."

Marler comments on foodborne illness outbreaks and litigation at his blog.

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SEATTLE, WA (June 25, 2007)—A lawsuit was filed today against the Meat Market, a Fresno, California, business that was identified as the source of an E. coli O157:H7 outbreak in May. The lawsuit was filed in Fresno County Superior Court by Seattle-based Marler Clark and San Diego-based Gordon & Holmes on behalf of Donald Jorgensen, an 80-year-old Fresno resident who became ill with an E. coli O157:H7 infection and was hospitalized for 15 days with hemolytic uremic syndrome (HUS),[1] a complication of E. coli infection that caused his kidneys to fail, after eating “tri-tip” purchased from the Meat Market and served at a graduation party.

The lawsuit is the third meat-related E. coli lawsuit filed by Marler Clark in two weeks. The firm has also filed lawsuits against United Food Group in California, and PM Beef Holdings in Michigan.   “The number of E. coli outbreaks traced to beef products in the last few months is disconcerting,” commented William Marler, managing partner of Marler Clark. “We haven’t seen millions of pounds of meat being recalled since 2002. I thought the beef industry had cleaned up, but there is obviously still a ways to go before people like Mr. Jorgensen can feel confident in the safety of the meat products they are eating.”

Mr. Jorgensen was one of 27 people who became ill with E. coli infections after eating tri-tip from the Meat Market in May. In April, Richwood Meat Co. of Merced, California, recalled 107,900 pounds of frozen ground beef products, and HFX, Inc., of South Claysburg, Pennsylvania, recalled 4,900 pounds of meat products. Both had been linked to E. coli outbreaks. In May, PM Beef Holdings of Windom, Minnesota, recalled 117,500 pounds of beef trim products, and Davis Creek Meats and Seafood of Kalamazoo, Michigan, recalled 129,000 pounds of beef products after their products were linked to E. coli outbreaks. Thus far in June, United Food Group of Vernon, California, has recalled 5.7 million pounds of ground beef since its products were traced as the source of an E. coli outbreak, and Tyson Fresh Meats of Sherman, Texas, has recalled 440,000 pounds of ground beef for possible E. coli contamination.

“Mr. Jorgensen is lucky to be alive,” Marler continued, “but like most HUS survivors, he has a long way to go before he’ll be out of the woods.”

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Darrell Smith, a reporter for the Sacarmento Bee, wrote an article about the lawsuit Marler Clark filed against United Food Group last Thursday afternoon.  The article focused not only on the lawsuit, but on the larger problems surrounding food safety - meat safety in particular.

Today, [Chris Waldrop, director of the Consumer Federation of America's Food Policy Institute in Washington, D.C.] sees a disturbing return: "It looked like (improvements in food safety) were working, but something has happened. Something's going on in the food supply chain. We need to figure out what that is. We can't let our guard down. We need to have the same level of vigilance."

Testing at beef processing plants varies from processor to processor, but relies on a combination of industry and USDA guidelines and beef industry "best practices."

In a 2006 Texas A&M study prepared for the beef industry, examples included sampling finished ground beef products every 15 minutes to test specifically for E. coli O157:H7; documenting the source of raw material through lot or serial numbers; and discouraging the introduction of excess meat into the processing flow.

The United Foods recall is the largest of a number of recalls in recent months. In all, more than 6 million pounds of ground beef and related products have been recalled from stores and distribution sites in 25 states since April.

Bill Marler wrote about recent E. coli outbreaks traced to ground beef in a recent blog post.

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The first lawsuit stemming from an E. coli O157:H7 outbreak traced to ground beef produced by United Food Group, Inc. (UFG) was filed yesterday in Riverside County Superior Court, in California. The lawsuit was filed against UFG by Seattle-based Marler Clark and San Diego-based Gordon and Holmes on behalf of Lawrence Fournier and Cynthia Centura of Hemet, California, whose four-year-old daughter, Lauren, became ill with an E. coli infection and was hospitalized with hemolytic uremic syndrome (HUS), a severe, life-threatening complication of E. coli infection that can lead to kidney failure, after eating UFG ground beef.

The lawsuit alleges that Cynthia Centura purchased Stater Brothers ground beef, manufactured by UFG, and served it to her family in spaghetti sauce on April 22, 2007. Her daughter, Lauren Fournier, became ill with symptoms of E. coli O157:H7 infection, including abdominal cramps and diarrhea, two days later. Lauren was admitted to a San Diego hospital on April 27^th. She developed HUS, and suffered from acute kidney failure, requiring eight dialysis treatments and five transfusions. She was discharged from the hospital on May 18^th. While hospitalized, Lauren submitted a stool sample, which later returned positive for the same strain of E. coli O157:H7 that was isolated from leftover ground beef in her family’s freezer and that isolated from 13 other ill people in six states.

“The meat industry has made significant progress in preventing E. coli outbreaks traced to meat products in the last five years,” said William Marler, who has dedicated his law practice to representing victims of foodborne illness outbreaks since representing over 100 victims of the 1993 Jack in the Box E. coli outbreak. “One has to ask, ‘Who dropped the ball at UFG?’”

On June 3, 2007, UFG recalled 75,000 pounds of ground beef due to potential E. coli O157:H7 contamination. The ground beef subject to recall had been produced by UFG on April 20, and was distributed in Arizona, California, Colorado, Oregon, and Utah. The recall was the result of a joint investigation into an E. coli O157:H7 outbreak by Colorado and California health officials in conjunction with the Centers for Disease Control and Prevention (CDC). After additional testing and more reported illnesses, UFG expanded the recall on June 6 to include 370,000 pounds of ground beef produced between April 13 and April 20. Idaho, Montana, Nevada, New Mexico, Washington, and Wyoming were added to the list of states that had received recalled meat.  By June 9, UFG had again expanded its recall to include a total of approximately 5.7 million pounds of both fresh and frozen ground beef products produced between April 6 and April 20. The California Department of Health Services, the Colorado Department of Health, and the CDC reported 14 illnesses associated with the outbreak – 6 in Arizona, 3 in California, 2 in Colorado, 1 in Idaho, 1 in Utah, and 1 in Wyoming. 

Marler Clark has represented thousands of victims of foodborne illnesses, such as E. coli, Salmonella, and hepatitis A. The firm has litigated high profile E. coli cases against Odwalla, Chili’s, Wendy’s, ConAgra, and other food companies. For additional information, contact Suzanne Schreck: (206) 346-1879 or sschreck@marlerclark.com.

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A lawsuit was filed today against PM Beef Holdings, LLC and Lund Food Holdings, Inc., the producer and retailer who sold E. coli-contaminated ground beef traced to an outbreak of E. coli O157:H7 illnesses in Minnesota and Wisconsin residents in April, 2007. The lawsuit was filed on behalf of a Minneapolis, Minnesota, woman who became ill with an E. coli O157:H7 infection and was hospitalized after eating contaminated ground beef in April. The plaintiff is represented by Marler Clark, a Seattle law firm with a long track record of successfully representing victims of foodborne illness.

The plaintiff is one of seven Minnesotans who were confirmed as part of the E. coli outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores. She consumed the ground beef on April 19, and became ill with symptoms of an E. coli O157:H7 infection, including bloody diarrhea, on April 24. The plaintiff was hospitalized twice between April 25 and April 30, when she was finally discharged to recover at home. She has yet to make a full recovery.

Read more about the E. coli beef recall and lawsuit here.

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Marler Clark filed a lawsuit today on behalf of the estate of June Dunning, a Haggerstown, Maryland, resident who was part of a nationawide E. coli outbreak traced to contaminated spinach.  Ms. Dunning suffered an intense E. coli O157:H7 infection and hemolytic uremic syndrome before passing away on September 15, 2006. 

The lawsuit filing coincides with a California Department of Health and Food and Drug Administration announcement that today test results from the E. coli investigation confirmed that the same genetic fingerprint of the E. coli bacteria isolated from bags of spinach was found in samples of cattle feces from a ranch near the spinach fields implicated in the outbreak:

"This is a significant finding because it is the first time we linked a spinach or lettuce E.coli O157:H7 outbreak to test results from a specific ranch in the Salinas Valley," said State Public Health Officer Dr. Mark Horton.  "Our follow-up investigation on this ranch is continuing today with the ongoing assessment of animal management, water systems and agricultural practices to clarify how the bacterial contamination of the spinach occurred."

The trace-back investigation was narrowed from nine implicated ranches to four ranches.  The outbreak strain of E. coli O157:H7 from cattle feces was identified on one of these four ranches.  At this time, testing of other environmental samples from all four ranches that supplied the implicated lot of contaminated spinach is in progress.  The positive test result is a significant finding, but is just one aspect of this investigation.  The next step in the investigation is determining how the E. coli pathogen contaminated the spinach.  These implicated fields on these four ranches located in Monterey and San Benito counties are not being used to grow any ready-to-eat produce.

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OGDEN, UT (August 11, 2006) -- A lawsuit was filed today against Wendy's, the Dublin, Ohio-based restaurant chain whose North Ogden, Utah, restaurant was traced as the source of an E. coli O121:H19 outbreak in late June, 2006. Marler Clark, the Seattle law firm that has successfully represented hundreds of E. coli victims, filed the lawsuit on behalf of Weber County residents William and J. Corey Cohron and their two young sons. The complaint, which was filed in Weber County Superior Court, seeks compensation for the family's significant medical-related expenses, economic losses, pain and suffering, and emotional distress. Todd Gardner, a partner in Bateman Goodwin & Gardner, is serving as local counsel on the case.

Corey Cohron consumed a Wendy's "BLT" salad on June 30, 2006 while in attendance at a CORE Academy conference held at Orion Junior High School in Harrisville, Utah. In the following days, Corey became ill with symptoms of E. coli infection, including diarrhea. The remaining members of the Cohron family subsequently fell ill with diarrhea. While Corey, William, and five-year-old Liam recovered from their E. coli infections without requiring medical treatment, seven-year-old Wil suffered a particularly severe E. coli infection. Wil required emergency room treatment on July 12, and was admitted to the hospital from July 12 through July 14. After discharge, Wil was seen by his primary care physician on July 17 and July 19, but his condition continued to deteriorate and he was seen in the emergency room again on July 21. Wil was diagnosed with hemolytic uremic syndrome (HUS)* and was admitted to Primary Children's Medical Center in Salt Lake City, where he remained from July 21 through July 27. While hospitalized, Wil tested positive for E. coli O121:H19.
On August 7, 2006, the Weber-Morgan Health Department announced that at least four individuals had contracted E. coli O121:H19 after eating iceberg lettuce prepared at the Wendy's restaurant located at 2500 N 400 E in North Ogden. WMHD suspects that the lettuce was cross-contaminated with another food source, and that the lettuce itself was not contaminated. WMHD stated that three of the four people confirmed with E. coli O121:H19 had developed HUS.
"Wendy's should have been aware of the dangers of cross-contamination leading to outbreaks since cross-contaminated lettuce was the source of an E. coli outbreak at two Oregon Wendy's restaurants in 2000," said William Marler, managing partner of Marler Clark. Marler represented the families of several children who were part of the 2000 Wendy's outbreak and developed HUS and suffered acute kidney failure. "Wendy's is in the business of selling food -- that food should be safe for human consumption."

*Hemolytic Uremic Syndrome is a frightening illness that even in the best American medical facilities has a mortality rate of about 5%. About 50% of patients require dialysis due to kidney failure, 25% experience seizures, and 5% suffer from diabetes mellitus. The majority of HUS patients requires transfusion of blood products and develops complications common to the critically ill. Among survivors of HUS, about five percent will eventually develop end stage kidney disease, with the resultant need for dialysis or transplantation, and another five to ten percent experience neurological or pancreatic problems which significantly impair quality of life. See www.about-hus.com.

Marler Clark (www.marlerclark.com) has extensive experience representing victims of foodborne illnesses. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box in 1993. In 1998, Marler Clark resolved Odwalla Juice E. coli outbreak cases for five families whose children developed HUS and were severely injured after consuming contaminated apple juice for a reported $12 million. Mr. Marler recently resolved an HUS case for $11 million. The firm has litigated dozens of cases against chain restaurants such as McDonald's, Wendy's, Carl's Jr., Subway, Friendly's, KFC, and Sheetz. Total recoveries for victims of food poisoning exceed $200 million.

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By JOHN WHITSON
Union Leader Staff
July 13, 2006

Manchester -- The city Health Department found E. coli bacteria in ground beef that a family says they purchased at the Stop & Shop supermarket at 777 South Willow St.

The department's investigation began after an Epsom boy nearly died after eating meat his family says was bought there.

The boy's parents, John and Christina Tsirovakas, have filed a lawsuit against the grocery store chain.

In response, Stop & Shop officials have said they do not believe the family's meat was contaminated at the store. They said they follow food safety regulations and work hard to ensure their meat is safe.

But Tim Soucy, director of environmental health with the city Health Department, said inspectors found two critical violations at Stop & Shop in responding on Sept. 21 to the family's claims.

One violation describes an employee grinding meat and then leaving the area without changing cloth gloves and washing hands as required. A dolley parked in front of the grind room's hand sink was cited as another violation.

Businesses are always given a second-chance inspection before suffering any health code penalties. On Sept. 23, Stop & Shop got a clean bill of health upon re-inspection.

"Those violations had been corrected, so there's no penalty at that point," said Soucy.

The ground beef, which had been kept in a freezer by the Tsirovakas family until being turned over to the state, tested posititve for E. coli.

The city Health Department investigation concluded that bacteria found in the food sample provided by the family was "a match to that of the strain isolated from the patient."

The department's report, however, did note that the boy's uncle transported the beef to the lab, there was no official "chain of custody" over the beef, the meat was not in its original packaging and had been handled by the purchaser prior to testing.

Elizabeth Talbot, deputy state epidemiologist with the state Department of Health and Human Services, said the number of E. coli infections in New Hampshire has been "bouncing around" in recent years.

In 2003, there were 24 reports of E. coli infection, in 2004 that number jumped to 29, and in 2005 it dropped to 19, she said.

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CONCORD, NH (July 10, 2006) -- A lawsuit was filed Thursday against Quincy, Massachusetts-based Stop & Shop, a subsidiary of Ahold USA, on behalf of an eight-year-old boy who became ill with a severe E. coli O157:H7 infection after eating ground beef purchased at a Manchester, New Hampshire, Stop & Shop. Marler Clark, the Seattle law firm that has successfully represented hundreds of E. coli victims, filed the lawsuit on behalf of Hercules "Eric" Tsirovakas and his parents, John and Christina Tsirovakas, of Epsom, New Hampshire. The complaint, which was filed in United States District Court in Concord, New Hampshire, seeks compensation for the family's significant medical-related expenses, economic losses, and for Eric's pain and suffering.

Eric consumed a hamburger made from ground beef purchased at Stop & Shop at a family barbecue on September 4, 2005. He subsequently became ill with an E. coli infection, experiencing painful abdominal cramping, nausea, vomiting, and bloody diarrhea. Eric was seen in the emergency room at Concord Hospital twice, and was admitted to the hospital on his second visit. Twenty-four hours after being admitted, he was transferred by ambulance to Dartmouth-Hitchcock Medical Center (DHMC). Eric developed hemolytic uremic syndrome (HUS)*, a complication of E. coli O157:H7 infection, and spent 22 days in a pediatric intensive care unit at DHMC, undergoing several surgical procedures and eight rounds of kidney dialysis treatments after his kidneys shut down. Eric's medical bills to date total over $100,000.

"We filed this lawsuit after months of trying to discuss with Stop & Shop how to make matters right for Eric and his family," said Denis Stearns, the Marler Clark partner who filed the lawsuit. "Medical bills aside, the strain on the family was enormous. John, Christine, and their other children faced the possibility that Eric might not recover from his illness. John and Christine were forced to leave their two younger children with family members while they stayed with Eric at the hospital. And all of this was because of tainted meat."

The City of Manchester Department of Health and the New Hampshire Department of Health and Human Services conducted an investigation into the cause of Eric's E. coli infection. The Stop & Shop's meat department was cited for unsafe meat-handling practices, a "critical violation," and E. coli O157:H7 was found in uncooked hamburger patties made from ground beef purchased at Stop & Shop. Health officials concluded that the source of Eric's E. coli infection was contaminated ground beef purchased from Stop & Shop.

*Hemolytic Uremic Syndrome is a frightening illness that even in the best American medical facilities has a mortality rate of about 5%. About 50% of patients require dialysis due to kidney failure, 25% experience seizures, and 5% suffer from diabetes mellitus. The majority of HUS patients requires transfusion of blood products and develops complications common to the critically ill. Among survivors of HUS, about five percent will eventually develop end stage kidney disease, with the resultant need for dialysis or transplantation, and another five to ten percent experience neurological or pancreatic problems which significantly impair quality of life. See www.about-hus.com.

BACKGROUND: Marler Clark has extensive experience representing victims of foodborne illnesses. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box in 1993. In 1998, Marler Clark resolved Odwalla Juice E. coli outbreak cases for five families whose children developed HUS and were severely injured after consuming contaminated apple juice for a reported $12 million. The firm has litigated dozens of E. coli cases against supermarket chain stores, including Albertson's, BJ's Wholesale Club, Cub Foods, Price Chopper, and Supervalu. Marler Clark is working with David McGrath of Sheehan Phinney Bass & Green, PA, on the case.

For further information, contact Denis Stearns at 1 (800) 884-9840.

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