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

At least when Nestles USA announced that it was recalling all its Toll House cookie products, the public knew which retailers were involved. Every retail grocery in the country provides generous space for Nestle products.

Nestle is currently at the center of the largest E. coli recall and largest E. coli outbreak in the country, and one-by-one the victims and their families are filing lawsuits against the cookie giant.

The deadly E. coli O157:H7 with a particular DNA fingerprint has linked 69 people in 29 states with the apparent cookie dough contamination.

Getting far less public attention than the Nestle’s E. coli O157:H7 cookie dough recall are seven beef recalls announced by the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA).  

When a meat processor recalls its beef, the information is not much use to consumers unless they are told which retailers and restaurants are selling the product.   Time and time again, food safety advocates have found “recalled” items still on the shelves long after retailers were told to remove them.

A year ago, FSIS announced it would at least identify which retailers are involved in a recall within a three to ten day period. That new policy appears to be getting hit and miss attention this year by FSIS.

Andrew Shain at The State newspaper in South Carolina unsuccessfully attempted to get a list of retailers in that state who carry meat from JBS Swift Beef Company’s massive Greeley, CO processing plant, which has a recall out on 41,280 pounds of beef.

A JBS official told The State processors and stores did not want their names released and would “contact the public as they see fit.”

The JBS recall due to contamination by E. coli O157:H7 is the seventh to occur since May 4^th.   It was announced on June 24^th, and no list of retailers has yet been made available by FSIS.

It came just two days after Chicago’s International Meat Company on June 22^nd recalled 6,152 pounds of ground beef products believed to be contaminated with E. coli 0157:H7.   That meat went to other distributors and restaurants in the Chicago area, so FSIS says there will be no list of retailers. (Restaurants must  not be retailers, according to FSIS).

The 75 pounds of fresh beef trim products recalled on June 8^th by Snow Creek Meat Processing in Seneca, SC all went to the Amazing Savings Stores in Asheville and Black Mountain, NC.   The retailers were identified on the same day by FSIS.

It took two days after the June 2^nd recall by Portland, OR-based SP Provisions of almost 40,000 pounds of E. coli-tainted ground products for FSIS to finger Riley’s Market in Bend, OR as the only retailer involved.

On May 21^st, Coal Valley, IL-based Valley Meats LLC recalled 95,898 pounds of ground beef found contaminated with E. coli O157:H7 after an outbreak was discovered by the Ohio Health Department.   Its by far the biggest recall of 2009, but FSIS claims no retailers are involved.   It seems all the meat went to what FSIS said were “various consignees nationwide.”

The May 12^th recall by Bob’s Food City in Hot Springs, AK of 375 pounds of ground beef products thought to be contaminated with E. coli O157:H7 involved only that retail outlet and FSIS said so on the same day.

May 4^th was the date of the first E. coli recall of both 2009 and the new Obama Administration.    FSIS said none of the 4,663 pounds of ground beef products contaminated with E. coli O157:H7 went to retailers, only western New York restaurants.  Alex & George Wholesale, Inc. of Rochester, NY issued the recall.

Seven beef recalls due to O157:H7 contamination so far in 2009 are for a total of 188,341 pounds.   All seven are “Class 1, High Risk” recalls.   At least one led to the outbreak in Ohio.   And, the E coli beef season is just getting started. 

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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 has filed a lawsuit 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.

Four-year-old John McDonald was seen in the emergency room, 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 16th underwent surgery to have part of his bowel removed. After nearly a month’s hospitalization, John was discharged from the hospital, 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. Michaela was then 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.
 

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Marler Clark has 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.

Scott Reber became ill with an E. coli infection and was hospitalized for three days after eating a hamburger made from a Cargill ground beef patty.

“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. “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.”
 

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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.

According to the Associated Press, consumer groups, including the Consumers Union and the Consumer Federation of America, are asking that the U.S. Department of Agriculture gain the authority to issue recalls.

While the FDA 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,” said Marler Clark Attorney David W. Babcock.
 

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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 Keith and Kristin Goodwin and their 8-year-old son, Lucas, by Seattle-based Marler Clark and Rochester-based Underberg & Kessler.

The lawsuit states 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 8th, seven days before Kristin and Lucas Goodwin ate Topps hamburgers.

Kristin was released from the hospital on September 26th, 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.
 

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Marler Clark client Emily McDonald's mom Catherine is thankful that doctors did not treat her daughter 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.

Antibiotics and painkillers 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.

Emily has been 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.

Topps Meat Company, LLC, of Elizabeth, N.J., has voluntarily expanded its Sept. 25 recall to include a total of approximately 21.7 million pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7.
 

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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.

The Huntsville Times reports that two people remain hospitalized with hemolytic uremic syndrome, and a third hospitalized E. coli victim's status was not available.

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

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.
 

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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, 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. 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.
 

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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," according to the Sacramento Bee.

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.
 

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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. 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, a severe, life-threatening complication of E. coli infection that can lead to kidney failure, after eating UFG ground beef.

“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. After additional testing and more reported illnesses, UFG expanded the recall on June 6 to include 370,000 pounds of ground beef. 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.

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.
 

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A lawsuit has been filed 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.
 

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A lawsuit will be 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 plaintiff in the lawsuit is Anne Herwig, a Minneapolis resident who became ill with an E. coli O157:H7 infection and was hospitalized after eating contaminated ground beef in April.  Ms. Herwig is represented by Marler Clark. Ms. Herwig 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.

 

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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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A lawsuit was filed today against the Wendy's restaurant chain whose North Ogden, Utah, restaurant was traced as the source of an E. coli O121:H19 outbreak in late June.

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 seeks compensation for the family's significant medical-related expenses, economic losses, pain and suffering, and emotional distress.

Corey Cohron consumed a Wendy's salad 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. Seven-year-old Wil Cohron suffered a particularly severe secondary E. coli infection. Wil was diagnosed with hemolytic uremic syndrome and was admitted to Primary Children's Medical Center in Salt Lake City.

The Weber-Morgan Health Department suspects that the lettuce was cross-contaminated with another food source. WMHD stated that two additional people who had eaten food containing lettuce from the Wendy’s restaurant were confirmed to have E. coli, and 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 subsequently developed HUS and acute kidney failure. "Wendy's is in the business of selling food -- that food should be safe for human consumption."
 

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The Manchester 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 ground beef nearly killed the son of John and Christina Tsirovakas, who 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.

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.

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.
 

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A lawsuit was filed Thursday against Quincy, Massachusetts-based Stop & Shop, 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.

The complaint 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. He subsequently became ill with an E. coli infection, experiencing painful abdominal cramping, nausea, vomiting, and bloody diarrhea. Twenty-four hours after being admitted to Concord Hospital, he was transferred by ambulance to Dartmouth-Hitchcock Medical Center. Eric developed hemolytic uremic syndrome, 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.
 

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