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

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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On Monday, Marler Clark will file another lawsuit on behalf of a victim of the recent E. coli O157:H7 outbreak traced to contaminated spinach. The lawsuit will be filed against Natural Selection Foods, LLC and National Selection Foods Manufacturing, LLC in federal court in Utah on behalf of Murray, Utah resident Sheila Leafty and her young son, Brayden. Brayden is one of at least 14 Utah residents who have become ill with E. coli O157:H7 infections after eating contaminated spinach produced by Natural Selection Foods. 

Marler Clark also added both Natural Selection companies to two lawsuits that the firm filed last week in federal court in Oregon and Wisconsin against Dole Food Company. Health officials in those states have reported that at least 19 residents (5 in Oregon and 14 in Wisconsin) were confirmed to be part of the outbreak. On Sunday, the Food and Drug Administration reported that 109 individuals in 19 states, sixteen of whom have developed hemolytic uremic syndrome (see www.about-hus.com), have been confirmed as being part of the outbreak. One Wisconsin resident died after suffering complications of E. coli infection.

As the grower and producer, Natural Selections Foods should have been consumers’ first line of defense against E. coli entering the food supply. Instead, this company allowed contaminated produce to enter the marketplace and caused one of the largest fresh produce-related outbreaks in recent history.

This is not the first time bagged spinach has been traced to an E. coli outbreak. Bagged lettuce and spinach were traced to E. coli O157:H7 outbreaks in 2002[1], 2003[2], and 2005.[3] Consumers put their trust in the 31 brands that Natural Selections Foods supplied spinach for. They shouldn’t have to pay for their trust with their health.

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An E. coli lawsuit was filed against Dole late Thursday in United States District Court for the District of Oregon.  The lawsuit was filed on behalf of Gwyn Wellborn, a Salem, Oregon woman who became ill with an E. coli O157:H7 infection after eating Dole brand baby spinach.  Ms. Wellborn and her husband, David, are represented by Marler Clark, the Seattle law firm that has represented hundreds of victims E. coli outbreaks, including victims of last fall’s E. coli outbreak traced to Dole brand lettuce.

The lawsuit alleges that Mrs. Wellborn purchased Dole brand baby spinach on August 21, 2006 and consumed the spinach in salads over several days during the week of August 21 through August 25.  Ms. Wellborn became ill with symptoms of E. coli O157:H7 infection, including diarrhea and stomach cramping, on August 25.  Her symptoms continued to worsen, and Mr. Wellborn took his wife to the emergency room at Salem Hospital in the early morning hours of August 27.  Ms. Wellborn was treated and released, but was admitted to Salem Hospital after a second visit to the emergency room at midday on the 27th.  She remained hospitalized at Salem Hospital for six days, and was transferred to Oregon Health Sciences University (OHSU) in Portland on September 2 after being diagnosed with hemolytic uremic syndrome (HUS).*  While at OHSU, Ms. Wellborn required at least four blood transfusions and eight plasmapheresis exchanges.  She was discharged from OHSU on September 8, and continues her recovery at home.

“The FDA and the fresh produce industry have been working to resolve the issue of E. coli contamination for a number of years,” said William Marler, attorney for the Wellborns.  “It is unfortunate that outbreaks continue to happen and that consumers continue to be injured as a result.”

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.  Mr. Marler recently resolved an HUS case for $11 million. 

*  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. 

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