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Personal Injury Law

Marler Blog Marler Blog

Commentary on food poisoning outbreaks and litigation.
By Bill Marler, Esq.

Post Frequency: 33.5/day

Last Entry: April 01, 2011 at 19:12:02

Recent Entries: 2446

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Sarah Lewis: Testimony for the Oversight and Investigations Subcommittee of the Committee on Energy and Commerce United States House of Representatives Salmonella Outbreak

Posted on September 22, 2010
Good Morning. Thank you Chairman Stupak, Ranking Member Burgess, Chairman Waxman, and Committee members. I am honored to be here today to speak to you about my experience with the Salmonella poisoning that I got from the recent Wright Co. and Hillandale Farms Egg Recall...


Salmonella Egg Production at Wright County Egg in Pictures

Posted on September 22, 2010
The egg hearing today was disturbing on many levels.  The petty bickering between the democrats and republicans, although expected, was childlike.  The anti-chicken protesters were entertaining, but besides the point.  Probably the most disturbing were the faux apologies by the mass egg producers who tried to portray themselves as poor farmers that simply grew too fast to keep up with all the work - like not having dead chickens laying around, or mounds of chicken shit, or so much liquid shit that it seeped outside...


Energy and Commerce Subcommittee Hearing on "The Outbreak of Salmonella in Eggs"

Posted on September 21, 2010
Please note the additional witnesses. WASHINGTON, DC — The Subcommittee on Oversight and Investigations will hold a hearing entitled 'The Outbreak of Salmonella in Eggs' on Wednesday, September 22, 2010, at 12:00 noon in room 2123 of the Rayburn House Office Building...


The real reason that FSIS needs to re-think what is an "Adulterant" - the suffering caused by non-O157 E. coli Infections

Posted on September 21, 2010
What follows are just three of the personal stories associated with non-O157 STEC outbreaks. These stories are presented to give a small insight into the significant harm that results when the STEC already present in the national food supply causes illness...


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1,608 Salmonella Enteritidis Illnesses Linked to Egg Recall

Posted on September 20, 2010
Hot off the CDC presses. In July 2010, CDC identified a nationwide sustained increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGX01.0004 uploaded to PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections...


House Energy and Commerce Committee "The Outbreak of Salmonella in Eggs"

Posted on September 20, 2010
On Wednesday, September 22, 2010, at 12:00 p.m. in room 2123 of the Rayburn House Office Building, the Subcommittee on Oversight and Investigations will hold a hearing entitled, 'The Outbreak of Salmonella in Eggs.' This hearing will examine the recent Salmonella outbreak associated with shell eggs produced by Wright County Egg and Hillandale Farms of Iowa...


E. coli O157:H7 Mediated Post-Infectious Irritable Bowel Syndrome (IBS)

Posted on September 20, 2010
I am on a plane (Wi-Fi) heading to Washington D.C. for the Salmonella Egg Hearing via Wichita for an E. coli O157:H7 Mediation. If the mediation is short (that can be good or bad), I'll make it to D.C., if not, I hear Wichita is nice in September. The mediation involves a young woman who was part of a nation-wide E...


Update on the backyard chicken experiment

Posted on September 18, 2010
Everyone has become a bit bothered by the Salmonella Outbreak that has sickened over 1,500 people and caused the recall of 550,000,000 eggs.  In the next few weeks, I will be visiting the Iowa factory that produced these fine eggs - some several million chickens...


If we are not going to inspect people who poison us, let's just throw them in jail

Posted on September 18, 2010
Even the folks who fought against S. 510, have to admit that the FDA does not have the resources to inspect domestic food production less alone imports for pathogens that can kill you. Perhaps Senator Patrick Leahy (D-VT), has an idea. He has introduced to bills, S...


Lets give the CDC and State Health Departments the tools to stop outbreaks faster

Posted on September 18, 2010
In all the heat that has been generated against House Bill 2749 and Senate Bill 510, two sections (Sec., 121 in HB 2749 and Sec., 205 in SB 510), are the babies that have been thrown out with the bathwater. If passed these sections have the greatest opportunity to fundamentally change how food is produced in the United States...


S. 510 - Senators Reid and Coburn should sit down, have a beer and watch this video

Posted on September 17, 2010
Here is a start, Senator Coburn's last minute concerns about the bills substance are misplaced, but Senator Reid needs to figure out a way to fully fund all aspects of the bill.  The time has come to get this done.  I think this may take a six pac.


Hey, I get to go to Gault Iowa to see how we make eggs in America

Posted on September 17, 2010
I grew up on a small farm, and we had chickens, so I know where eggs generally come from.  I must admit, however, seeing how eggs are manufactured on a massive scale is something I have never seen.  It looks to be an interesting and eye-opening experience...


The real costs of not passing food safety legislation - more sick people and more lawsuits

Posted on September 17, 2010
Dave Their, an AOL contributor, caught me in the middle of helping my oldest daughter move into her freshman dorm late yesterday afternoon as it was becoming clearer that S. 510 – the Food Safety Modernization Act – was taking its last few gulps of air...


Alamosa Salmonella suit settled

Posted on September 17, 2010
Julia Wilson of the Alamosa Courier reports that he City of Alamosa, through its insurance carrier, Travelers, will pay $360,000 to 29 Alamosa residents who became ill because of the salmonella outbreak in 2008.  The lawsuit claimed the city was negligent in maintaining its water facilities, the source of the salmonella, and as the municipal water provider sold tainted water to its customers...


Does China have the right idea about food safety?

Posted on September 16, 2010
I am heading to the 4th CIFSQ Conference & Expo to be held in the dynamic city of Shanghai as a keynote speakers on November 10. So, I am keeping up to date on all things food safety on China. This AP headline caught my eye – 'China vows harsh penalties for food safety crimes...


When you are talking tens of millions sickened by foodborne illnesses annually, does it really matter if the trend numbers are down?

Posted on September 16, 2010
Since the 1999 article by Mead PS, Slutsker L, Dietz V, McCaig LF, Bresee JS, Shapiro C, Griffin PM, Tauxe RV., Food-related illness and death in the United State have been estimated at approximately 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths in the United States each year...


S. 510 - If it is not dead, it is on life support.

Posted on September 16, 2010
In 1999, I was being encouraged to run for the US Senate against then Senator Gorton.  As part of my "vetting," I met with Senators Daschle, Boxer and Reid in the minority leaders office.  Under the watchful gaze of LBJ, I was asked why I was considering giving up a law practice...


S. 510 will not pass this year. I hope Senator Reid and the other Senators will explain that to the Rivera family

Posted on September 16, 2010
Call me and I'll give you the number in the Rehab Center. I am heading to DC early next week to attend with clients the House Energy and Commerce hearing on the latest in food safety theatre – the Egg Hearings (my bet is DeCoster 'takes the 5th')...


Richard Rivera on how a victim of food poisoning feels after S 510 falls flat

Posted on September 16, 2010
From Richard Rivera (a.k.a. devoted husband, father and Sen. Reid constituent) Unbelievable!!! After being promised not once, not twice but three times by Senator Reid and or his office that they would get this bill pushed through and for it not to get pushed is a crying shame...


"Toxic Avenger" Really?

Posted on September 16, 2010
I have been called a lot of things (even I would not publish them on my own blog), but "Toxic Avenger" is a new one.  You need to pick up the latest WIRED Magazine to read it, but here is a teaser photograph: I'm thinking about getting a costume like the guy in the movie "Kickass...


The Union of Concerned Scientists find that some special interests and public officials hamper food safety

Posted on September 15, 2010
If you want a disturbing read, see the Union of Concerned Scientists, 'Voices of Federal Food Safety Scientists and Inspectors.' Clearly, a system that allows undue influence on those that are bound to protect the public should not be allowed. To evaluate how well the government uses science to protect the food supply, the Union of Concerned Scientists (UCS), working with researchers at Iowa State University, sent a 44-question survey to nearly 8,000 food safety employees at the FDA and U...


The Salmonella egg man is about to get fried

Posted on September 14, 2010
Chairman Henry A. Waxman and Subcommittee Chairman Bart Stupak today sent a letter to Austin DeCoster, the owner of Wright County Egg, regarding records obtained by the Committee indicating that the company tested positive for Salmonella contamination in its Iowa facilities prior to the recent widespread outbreak of Salmonella-related illnesses...


I am not becoming a Republican - I hope

Posted on September 14, 2010
  Like many interested in food safety, I keep hoping to see S. 510 move to a vote on the Senate floor. Politico reports: Senate Democrats say they are on the brink of passing a sweeping food safety overhaul the House approved more than a year ago — but Sen...


A few days in New Zealand talking food safety

Posted on September 13, 2010
I will be heading back to the States on Tuesday a 1:00 PM from Auckland and will arrive in Seattle on Tuesday at 11:00 AM (I was going to go straight to Washington D.C., but that has been put off for a week). Prior to my at the NZ Food Safety Authority's national conference, I had the chance to be on TVNZ for their early show...


CDC Breaks some news on Wright and Hillandale Salmonella Egg Outbreak

Posted on September 10, 2010
Good Saturday from New Zealand.  This just dropped into my inbox from the CDC: • From May 1 to August 31, 2010, approximately 1,519 illnesses were reported that are likely to be associated with this outbreak. • FDA identified Salmonella with PFGE patterns indistinguishable from the outbreak strain in egg farm environmental samples...


I have found something I agree with Senator Grassley about - the USDA needs to do its damn job

Posted on September 10, 2010
Senator Grassley was quoted in the Wall Street Journal today - "Just because food safety isn't 'my job' doesn't mean it should be ignored." I may not agree with him on most things, but on this one, he and I seem to see eye to eye. I just may stop putting my money on the Democrats...


Kern County California names names in Salmonella Egg Outbreak

Posted on September 10, 2010
My bet to the chagrin of some 200 California restaurants, Kern County published a list today of the the restaurants that received the tainted eggs from Wright County Eggs and Hillandale Farms.  You must wonder if the restaurants will be asking a few more questions of their suppliers in the future?  Here is the Salmonella Restaurant List.


They lock up Farm Fresh Eggs in Australia

Posted on September 09, 2010
After my speech today at the 3rd Annual Australian Food Safety Conference, several people approached me trying to understand the scope of 550,000,000 eggs being recalled in the US and some 1,500 people sickened with Salmonella Enteritidis. They asked politely (as Australian's do) if it was true that the 'farms' had never been inspected by any governmental agency or by the suppliers and grocery stores that bought the eggs...


Marler Clark Seeks Entrance to Wright County Egg

Posted on September 08, 2010
In the morning we will petition the Iowa Federal Court for entrance to the Iowa egg farm responsible for the massive egg recall and nationwide outbreak of Salmonella. A ‘Rule 34' inspection – named for its position in the civil code - is a request for entry into a facility for purposes of inspection and testing...


I was wrong, FSIS gets bad news out nearly every day of the week

Posted on September 08, 2010
When Cargill Meat Solutions and the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) recalled approximately 8,500 pounds of ground beef products that was contaminated with E. coli O26 just after midnight on August 28, 2010, I was convinced that it was a plot to get bad news out when no one was watching...


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