Personal Injury Law

Listeria monocytogenes and Staphylococcus aureus cause Surtex Foods to recall cheese

Posted on January 10, 2011
Surtex Foods Co. says it is recalling its Oaxaca (wah-HAH'-kah) string cheese because it may be contaminated with a pair of bacteriums. The Los Angeles-based company said Monday that its "La Original" brand, which comes in a 17.63-ounce clear package could be susceptible to Listeria monocytogenes and Staphylococcus aureus...

Marler Clark Retained to Investigate 2009 E. coli Outbreak Linked to Aetna Cafeteria in Hartford Connecticut

Posted on January 10, 2011
In the Spring of 2009 Hartford City health department officials interviewed cafeteria workers at Aetna's downtown Hartford office, where five Aetna employees had been stricken with E. coli. The food vector of the outbreak has yet to be determined. The cases occurred over a month time period...

Food Safety - "Where's the Cash?"

Posted on January 08, 2011
The Food Safety Act of 2010 (an amalgam of S. 510, with Tester/Hagen Amendment, and H.B. 2749) was quietly signed into law by President Obama, along with a few dozen other bills, upon his return from Christmas and New Years in Hawaii. The quiet signing ceremony of legislation that passed overwhelmingly in both Houses, albeit, not without several times seeming to be D...

Raw Milk Wars in California - Perhaps Humboldt County should just look north to Del Norte County

Posted on January 08, 2011
Soon the Humboldt County Supervisors will be considering a request from Mark McAfee, Founder and CEO of Organic Pastures Dairy (one of two raw milk dairies in California), to allow raw milk sales in Humboldt County. I have not found Mr. McAfee's petition, but I did find a fairly blistering response from the California Department of Food and Agriculture (CDFA), the California Department of Public Health (CDPH), the United States Department of Health and Human Services Food and Drug Administration (USFDA) and Western Institute for Food Safety and Security (WIFSS) requested by Humboldt County...

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Nevada E. coli O157:H7 victim may require a liver transplant

Posted on January 07, 2011
Linda Rivera, an E. coli O157:H7 victim, was told today to consider a liver transplant and to ask if her three boys would be the donors.  Linda, who Senator Reid profiled several times in the fight for the food safety bill has remained hospitalized since May of 2009...

2011 - Back to speeches - "Why it is a bad idea to poison your customers"

Posted on January 06, 2011
2010 was a busy year of speeches around the U.S. and around the world.  This year is starting out the same.  I have one coming up with the public health students at the University of Washington, then onto the FDA, GAP, CSPI, GMA and then off to Dubai - and that is only the next few weeks...

Number Three in the 50 Top Agriculture Blogs

Posted on January 06, 2011
Must be my week.  Goes to show that someone other than my mom reads my blog. Marler Blog: Food is a powerful component of our culture; it has the power to make or break its consumers. For those moments when food happens to harm us, we advise looking to blogs like this one to keep you informed and empowered...

Jimmy John's and Tiny Greens Alfalfa Sprout Salmonella Outbreak may have 112 Victims

Posted on January 06, 2011
Yesterday, we filed the fist lawsuit in Illinois stemming from the expanding Salmonella outbreak. Now today, according to the CDC, from November 1, 2010, through January 4, 2011, 112 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:-, whose illnesses began (onset dates) since November 1, have been reported from 18 states and the District of Columbia...

Columbus Meat Market Inc. Recall 200 Pounds of Ground Beef

Posted on January 06, 2011
The Illinois Department of Agriculture says a Chicago company has recalled about 200 pounds of ground beef patties because of possible E. coli contamination. The department said Thursday the patties were produced by the Columbus Meat market Inc. on Dec...

Food Safety - Waste, Fraud or Abuse?

Posted on January 06, 2011
The consming public wants to know.

A non-adulterant - E. coli O45 - causes seven illnesses at Zillman Meat Market - It is time for the FSIS to act

Posted on January 05, 2011
An E. coli O45 Outbreak that has sickened seven has been linked to Zillman Meat Market according to the Marathon County Department of Health.   As I have said a few times, it has been over a year since we filed the Petition for an Interpretive Rule Declaring enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli, Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U...

Lawsuits filed in Texas Listeria and Illinois Salmonella Cases

Posted on January 05, 2011
It already looks to be a busy year in food poisoning lawsuits.  Here is the Sangar Listeria Complaint and the Jimmy John's Salmonella Complaint.

What is a Customer?

Posted on January 05, 2011
A commenter on an earlier post said: "do you think companies want to make people sick and lose millions of dollars???"  I think the easy answer is to say of course not.  But, in my experience, few of the food companies that I have sued in the last 18 years viewed their customer like this: A Customer is the most important person ever in this office … in person or by mail...

Sprouters Northwest recalls clover sprout products linked to Salmonella

Posted on January 04, 2011
Sprouters Northwest Inc. is recalling six of its sprout products because Washington health officials believe the firm's clover sprouts are connected to an outbreak of Salmonella Newport that's sickened four people in the state and two in Oregon. The Kent-based firm has stopped distributing the sprouts, sold in a variety of package sizes labeled "Clover Sprouts" or as mixed varieties that contain clover sprouts as an ingredient with "best by" dates of 01/16/2011 or earlier...

The President signs the "FDA Food Safety Modernization Act."

Posted on January 04, 2011
THE WHITE HOUSE Office of the Press Secretary For Immediate Release January 4, 2011 Statement by the Press Secretary On Tuesday, January 04, 2011, the President signed into law: H.R. 2751, the 'FDA Food Safety Modernization Act,' which modernizes the food safety system to better prevent food-borne illness and better respond to outbreaks...

Sangar Celery Lawsuit Filed on Behalf of Family of Texas Listeria Victim

Posted on January 04, 2011
A food poisoning lawsuit was filed in Bexar County District Court today against San Antonio-based Sangar Fresh Cut Produce. The lawsuit was filed on behalf of the family of a man who died from a Listerosis infection he contracted after eating celery produced by Sangar...

Marler Blog Makes No. 2 in Torts in ABA Best of Blawgs

Posted on January 04, 2011
Being picked by the ABA and voters as number two is really not that bad.  Especially given the fact that I appear to have pissed off the ABA Food Supplements Subcommittee and Products Liability Committee of the Section of Litigation.  See, several months ago I was asked by one of the organizers to speak at their Food & Supplements First Annual Regional CLE Workshop on February 17, 2011 in Atlanta and then "dis-invited...

Seattle attorney hopes lawmakers back new food safety law

Posted on January 04, 2011
For two decades, Seattle attorney Bill Marler has focused on foodborne illness cases. But outside of the courtroom, he has pushed for an overhaul of the nation's food safety system. His efforts were rewarded Tuesday when President Obama signed a $1...

Seattle attorney hopes lawmakers back new food safety law

Posted on January 04, 2011
For two decades, Seattle attorney Bill Marler has focused on foodborne illness cases. But outside of the courtroom, he has pushed for an overhaul of the nation's food safety system. His efforts were rewarded Tuesday when President Obama signed a $1...

Salmonella Newport outbreak prompts clover sprouts Illnesses in Washington and Oregon linked to Jimmy Johns

Posted on January 03, 2011
Oregon Public Health officials warn consumers of health risk Oregon Public Health Division officials today are warning consumers about a recall of clover sprouts produced by Sprouters Northwest, Inc. of Kent, Wash. These products have been sold in Oregon, Washington, Idaho, Alaska, British Columbia and possibly other states...

My New Year's Resolutions - What I will be doing next year

Posted on January 02, 2011
I needed a vacation badly (so did the subscribers and readers of my blog), as I seem to never be at a loss for something to write about – which is a bad or all of us. 2010, kept me busy with Stephanie Smith and Cargill, Linda Rivera and Nestle (that one not over yet) and one too many trips between Seattle and Washington D...

Blog Release - Marler Clark Pledges $10,000 to International Sprout Growers Association for Safe Seed Production, Asks Jimmy John's to Do the Same

Posted on December 31, 2010
Marler Clark, The Food Safety Law Firm, announced today that it is pledging $10,000 to the International Sprout Growers Association (ISGA) to assist in the development of a safer method for the production of sprouts. The contribution comes on the heels of a nationwide Salmonella outbreak caused by contaminated sprouts that has sickened almost 100 people...

"First Class Foods" Recalls 17 Tons of E. coli O157:H7 Tainted Ground Beef from California, New Jersey, New York, Wisconsin and Washington

Posted on December 31, 2010
First Class Foods, Inc., a Hawthorne, Calif., establishment, is recalling approximately 34,373 pounds of organic ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...

Does this recent Sprout Salmonella Outbreak show a hole in the new Food Safety Law called the Tester Amendment, and why are Sprouts and Raw Milk not treated equally?

Posted on December 30, 2010
The CDC has confirmed that there are presently 94 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:- from 16 states and the District of Columbia. The number of ill people identified in each state with the outbreak strain is as follows: California (1), Connecticut (1), District of Columbia (1), Georgia (1), Hawaii (1), Iowa (1), Illinois (51), Indiana (9), Massachusetts (1), Missouri (17), New York (1), Pennsylvania (2), South Dakota (1), Tennessee (1), Texas (1), Virginia (1), and Wisconsin (3)...

Perhaps after three Sprout Outbreaks, Jimmy John's should reconsider what it puts on your sandwiches?

Posted on December 28, 2010
Salmonella and E. coli are fecal bateria - think about it. According to today's report from the CDC, between November 1 through December 27, 2010, 94 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:- have been reported from 16 states and the District of Columbia...

Outbreak of Salmonella I 4,[5],12:i:- Infection Spreads - Should interstate sales of sprouts be banned?

Posted on December 28, 2010
With the number of Salmonella or E. coli Outbreaks linked to sprout consumption nearly 40 in the last few decades by my count, perhaps banning sales of sprouts across state lines would both limit the size of these outbreaks and jump-start small, local, sustainable agriculture? This recent Outbreak, according to the CDC is expanding: From November 1 through December 27, 2010, 94 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:-, whose illnesses began since November 1, have been reported from 16 states and the District of Columbia...

CDC and FDA link Tiny Greens Brand Alfalfa and Spicy Sprouts to Salmonella Outbreak

Posted on December 27, 2010
In a press release this afternoon, the FDA warned - "Don't Eat Tiny Greens Brand Alfalfa Sprouts or Spicy Sprouts." • The FDA is advising consumers not to eat Alfalfa Sprouts and Spicy Sprouts (which contain alfalfa sprouts mixed with radish and clover sprouts) from Tiny Greens Organic Farm of Urbana, Ill...

"Little Bear," J&D Produce, Inc. recalls 7,000 cases of cilantro and curly parsley due to Salmonella

Posted on December 27, 2010
The "precautionary, voluntary recall" announced Monday pertains to cilantro and parsley from J&D Produce, Inc., packed between November 30 and December 6, by the Edinburg, Texas-based company. The J&D Produce recall came after independent tests found salmonella on the company's parsley in Quebec and its cilantro in Detroit, Michigan, both of which came from the same processing line in Texas...

Sprouts, please hold the Salmonella and E. coli O157

Posted on December 27, 2010
For those who like lists, here is a fairly complete list of outbreaks linked to sprouts in the United States and Canada the last 20 years. Year Type Pathogen Cases 1990 Alfalfa S. Anatum 15 1995 Alfalfa S. Stanley 128 1995 Alfalfa S...

What do Alfalfa Sprouts, Frozen Rodents and Pot Pies have in common?

Posted on December 25, 2010
You guessed it - Salmonella I 4,[5],12:i:-. The recent Salmonella I 4,[5],12:i:- Outbreak linked to sprouts served at Jimmy John's restaurants is the third I 4,[5],12:i:- outbreak in the last two years. Multistate Outbreak of Human Salmonella I 4,[5],12:i:- Infections Linked to Alfalfa Sprouts sold at Jimmy John's From November 1 to December 21, 2010, a total of 89 individuals with a matching strain of Salmonella serotype I 4,[5],12:i:- have been reported from 15 states and the District of Columbia...

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