Personal Injury Law

More Talks on Food Safety

Posted on February 23, 2009
I had a TV interview with a local Las Vegas station on the peanut butter mess.  I then had a good speech, and then a great round table discussion, about food safety with members of the National Meat Association.  They asked me back again to talk in the morning, so I am working on what to tell an industry that really has no interest in poisoning its customers...

Marler Client Videos

Posted on February 23, 2009
I heard a great talk today by my friend, Dave Theno, who is the now retired head of food safety at Jack in the Box.  He told the packed audience of meat producers that he still keeps a picture in his briefcase of one of the children who died in the 1993 E...

Peanut Corporation of America Salmonella Typhimurium Outbreak Update

Posted on February 23, 2009
So far the CDC reports that 654 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 44 states.  The outbreak began September 1, 2008 and has continued through at least February 3, 2009.  The ill are less than one to over 98...

Speech Before the National Meat Association

Posted on February 22, 2009
Thank you NMA for inviting me here to Las Vegas. My guess is inviting a trial lawyer into your convention is a bit of a “gamble.” Once again another food poisoning outbreak, perhaps slightly more outrageous than the ones before, now with over 650 sickened, 150 hospitalized and nine deaths, but eerily similar to those that have come before it...

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Off to Vegas and Palm Springs for Food Safety Speeches - Rough Duty, but Someone Has to Do It

Posted on February 21, 2009
I have been up to my knees in Poisoned Peanut Butter over the last few weeks.  Between Congressional Hearings, Criminal Investigations, Bankruptcies, Lawsuits, a Declaratory Judgment Action, more Lawsuits and suing Mr. Parnell (aka Peanut Tycoon) personally, the speeches I am giving at the National Meat Association in Vegas (Sunday/Monday) and the Grocery Manufacturers/Food Products Association in Palm Springs (Tuesday/Wednesday) this coming week came up fast...

Cysticercosis - Pork Tapeworm

Posted on February 20, 2009
Cysticercosis (SIS-tuh-sir-KO-sis) is a potentially serious disease of humans caused when people ingest the eggs of a tapeworm that lives in the intestines of other humans. This tapeworm, Taenia solium, is sometimes called the “pork tapeworm” because people get this type of tapeworm from eating undercooked pork...

E. coli O157:H7 Impacts Your Friends, Neighbors, the Young and Old

Posted on February 20, 2009
The following five short videos (you might need to download Quicktime), I hope tell the story of what this nasty bug, E. coli O157:H7, can do and why it needs to be prevented.

Stewart Parnell to be added personally to Peanut Butter Salmonella Suits

Posted on February 19, 2009
It is clear given the revelations (and emails) form last weeks Congressional Hearings, that Mr. Parnell needs to be personally involved in this litigation.  The below amended complaint will be filed this afternoon:

Parnhell or Parnell? Must be a Typo?

Posted on February 18, 2009
Given the bankruptcy of the Peanut Corporation of America, and the resent disclosures of the knowledge of Stewart Parnell in shipping Salmonella-tainted peanut products, we are in the process of amending our complaints to name Mr. Parnell personally as a defendant...

So, what about the Peanut Corporation of America Virginia Facility?

Posted on February 17, 2009
I am loving this Web Archive Site. I received an email from one of my subscribers asking, “Bill, the CDC and FDA have linked nearly 650 illnesses and nine deaths to PCA’s facility in Blakely, Georgia and the Colorado Department of Health may have linked some of the illnesses to the Plainview, Texas Plant...

CDC - New Salmonella Numbers in Peanut Butter Outbreak

Posted on February 17, 2009
642 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 44 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (13), Arkansas (6), California (76), Colorado (15), Connecticut (10), Florida (1), Georgia (6), Hawaii (4), Idaho (16), Illinois (9), Indiana (9), Iowa (3), Kansas (2), Kentucky (3), Maine (5), Maryland (8), Massachusetts (48), Michigan (35), Minnesota (39), Missouri (14), Mississippi (7), Nebraska (1), New Hampshire (13), New Jersey (23), New York (28), Nevada (6), North Carolina (6), North Dakota (17), Ohio (94), Oklahoma (4), Oregon (12), Pennsylvania (19), Rhode Island (4), South Dakota (4), Tennessee (13), Texas (9), Utah (6), Vermont (4), Virginia (21), Washington (18), West Virginia (2), Wisconsin (5), and Wyoming (2)...

Peanut Corporation of America Bankruptcy News

Posted on February 16, 2009
I do not pretend to fully understand the secret codes of the bankruptcy lawyers and the Court. However, I have hired the same firm that helped me and my clients manage both the Chi-Chi and Topps Bankruptcies.  The bottom line is that the victims must be protected from PCA’s and Mr...

Were Peanut Butter Web Pages Go to Die

Posted on February 16, 2009
In a good example of whatever you put on the internet or in emails may come back to haunt you (hey, note that this stuff was "organic certified"), I found this choice quote by Stewart Parnell, President (a.k.a. “I'll take the fifth Parnell") on this web archive site link: At Peanut Corporation of America, we’ve become “The Processor of the World’s Finest Peanut Products” by delivering quality products and services at a fair price...

Where Peanut Butter Web Pages Go to Die

Posted on February 16, 2009
In a good example of whatever you put on the internet or in emails may come back to haunt you (hey, note that this stuff was "organic certified"), I found this choice quote by Stewart Parnell, President (a.k.a. “I'll take the fifth Parnell") on this web archive site link: At Peanut Corporation of America, we’ve become “The Processor of the World’s Finest Peanut Products” by delivering quality products and services at a fair price...

So, why no Salmonella Typhimurium cases in Alaska, Montana, Delaware, Louisiana, New Mexico or South Carolina?

Posted on February 14, 2009
Last week, I was hired by the one case in Florida, so Florida is now on the map. So, why no cases in Alaska, Montana, Delaware, Louisiana, New Mexico or South Carolina?  They eat no peanut butter?  Someone should call the states' health departments...

Six Colorado cases of Salmonella Poisoning traced to Texas plant

Posted on February 14, 2009
Lynne Terry (aka “peanut girl”) of the Oregonian broke the story yesterday that Colorado Health Officials have traced six Salmonella illnesses to the now closed Peanut Corporation of America’s (PCA’s) Plainville, Texas plant of Peanut Corporation of America...

Guest Blog - Denis W. Stearns - "THE MARKET FOR PEANUTS: WHY FOOD IN THE U.S. MAY NEVER BE SAFE"

Posted on February 13, 2009
In the ongoing political (and legal, and historical, and economic) arguments about the regulation of social and economic activity by governments and government agencies, one of the dominant theoretical controversies has been over the answer to this question: Do regulations “interfere” with the market-place by creating unnecessary inefficiencies and higher costs, or are regulations a necessary corrective for the inevitable “failures” of an unregulated (or “free”) market? While this controversy remains justifiably open in the context of the markets for many products and services—e...

Should there be Department of Food? Or, perhaps a single Food Safety Agency?

Posted on February 13, 2009
I was asked the other day by the Editors of the NYT to join in a discussion at “Room For Debate,” about a single food safety agency and to post a 300-400 word position. After whacking away at it, I finally got it down to size. Here was my original submission: Perhaps it was Nicholas Kristof who coined it – “Department of Food” in his recent Op-ed in the New York Times...

Peanut Corporation of America Files for Bankruptcy

Posted on February 13, 2009
Not really unexpected.  Hartford Insurance, however, has $12,000,000 per policy period - perhaps as much $40,000,000 total to cover claims of victims of this tragedy.  Also, manufacturers like Kellogg and King Nut are morally and legally responsible for the products they manufactured and sold...

Stewart Parnell and King Nut, if you have access to the internet, please look at the video

Posted on February 13, 2009
We provided this video clip to the Congressional Subcommittee investigating this Salmonella outbreak that has sickened over 640, hospitalized 150 and killed nine.  Clifford's son, Lou, offered his testimony to the Subcommittee as well.  Clifford was a hero, who should not have died from eating King Nut peanut butter...

It is good to be back in the "other" Washington

Posted on February 12, 2009
I was honored to be in Washington DC to hear victims testify before the House subcommittee for Oversight and Investigations about the illness and death caused by tainted peanut butter. Lou Tousignant spoke about his father, who survived the Korean War with three purple hearts, only to be killed by peanut butter...

So, do you think the Obama's are thinking about Peanut Butter tonight?

Posted on February 10, 2009
Well, I am sure I am breaching some sort of national security something or another, staying here at the Hay Adams Hotel across the street from Lafayette Park.  But, I could not help but think about the one thing that binds us all together as Americans - for or against the "bail out" or not - President Obama and his family, or the fellow I gave $20 too about two blocks form the White House - we all eat (or want too) and we all love out kids and our parents...

Three More Lawsuits Filed in Poisoned Peanut Butter Case

Posted on February 10, 2009
In addition to the first filed case against Peanut Corporation of America and Kellogg (Meunier) we filed on the 20th of January, yesterday we filed the following in Georgia Federal Court. Bryson Trone is a three year old resident of California. He consumed "Austin" brand peanut butter crackers on multiple occasions on or around December 25, 2008...

Committee on Energy and Commerce - Subcommittee on Oversight and Investigations - Hearing

Posted on February 10, 2009
I am looking forward to the Hearing in the morning.  So is the Subcommittee if the letter to Mr. Parnell is an example.  I may be allowed to submit written testimony in the morning.  Click on below to see overview of Hearing:

Peanut Butter Public Relations - Sometimes it is Better to Say "I'm Sorry"

Posted on February 08, 2009
Lets get this straight, Peanut Corporation of America’s Salmonella-tainted peanut butter products, according to the CDC, have sickened 575 in 43 States and Canada with nearly 150 hospitalized and eight deaths.  Salmonella has been found in cans of King Nut peanut butter and in Kellogg crackers linked to the PCA plant...

Consumer Question to Congress - "You idiot. What have you all been doing?'

Posted on February 08, 2009
I was reading Michael Moss’s article in the New York Times a few moments ago, “Safety Net Missed Problems at Peanut Plant,” and I was struck by the quote below as I am about to leave for Washington DC in the morning: David Marshall’s wife testified before Congress in 2007 after his mother, Mora Lou Marshall, of Shreveport, La...

Pros and Cons of Commercial Irradiation of Fresh Iceberg Lettuce and Fresh Spinach: A Literature Review - Part V. Conclusions

Posted on February 08, 2009
“Never confuse movement for action.” Ernest Hemingway As this multi-part series on FDA’s new rule approving commercial irradiation of fresh iceberg lettuce and fresh spinach comes to its conclusion, it is important to ask if and how this movement by the regulatory agency can be translated into action by industry and consumers to promote public health...

NPR - Georgia Aims To Hold Food Processors Accountable

Posted on February 08, 2009
John Sepulvado - National Public Radio - Weekend Edition Sunday, February 8, 2009 · As a result of the salmonella outbreak at a Georgia peanut plant, state officials are drafting a bill that would require food processors to report self tests. If Georgia passes the law, it could be among the strictest in the nation...

Peanut Butter Update - 575 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states.

Posted on February 06, 2009
The number of ill persons identified in each state is as follows: Alabama (2), Arizona (12), Arkansas (5), California (74), Colorado (13), Connecticut (9), Georgia (6), Hawaii (4), Idaho (15), Illinois (6), Indiana (7), Iowa (3), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (47), Michigan (30), Minnesota (36), Missouri (12), Mississippi (6), Nebraska (1), New Hampshire (11), New Jersey (23), New York (22), Nevada (6), North Carolina (6), North Dakota (13), Ohio (80), Oklahoma (2), Oregon (11), Pennsylvania (17), Rhode Island (4), South Dakota (4), Tennessee (11), Texas (6), Utah (5), Vermont (4), Virginia (21), Washington (17), West Virginia (2), Wisconsin (3), and Wyoming (2)...

Candidate for top FSIS job talks E. coli testing, irradiation, education

Posted on February 06, 2009
By Ann Bagel Storck on 2/6/2009 As buzz abounds around who will be the next under secretary of USDA's Food Safety and Inspection Service, Bill Marler's name frequently has been part of the conversation. The Seattle-based attorney, managing partner at Marler Clark LLP, is best known for his food-borne illness cases, but he also speaks about food safety and litigation prevention to companies worldwide, including ConAgra Foods last summer...

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