Personal Injury Law

Confidential Settlement Reached in Cleveland, Ohio E. coli Cases

Posted on May 09, 2010
In my work there are cases that haunt you. Some are the cases you work on for years, but cannot figure out the legal source of the poison that killed someone's child. Then there are other cases, like the senseless death of Abby nearly a year ago, and her grandfather's death just last Saturday, that hang with you, and will forever...

E. coli and Lettuce and Spinach - A bit(e) of history

Posted on May 09, 2010
A table of 34 previous outbreaks involving E. coli and Salmonella and leafy greens, like lettuce and spinach, courtesy of our friends at Barf Blog: E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the "pre-washed" and "ready-to-eat" varieties sold under various brand and trade names, are clearly by no means a new phenomenon...

Foodborne Illness Outbreak Database Comes in Handy

Posted on May 08, 2010
I was talking with William Newman from the New York Times as he was writing his story on 'Tainted Lettuce Linked to Illness in Three States,' when he asked about prior E. coli O145 outbreaks. I was able to pull out of my hat: 'William Marler, a lawyer specializing in such cases, said that while there were no previous foodborne outbreaks associated with the O145 strain in this country, one was reported in Belgium in 2007 in which 12 people fell ill...

New York E. coli cases have cost millions for Hemolytic Uremic Syndrome (HUS) victims

Posted on May 08, 2010
BJ's Wholesale Club agreed to pay $11 million November 22, 2006 BJ's Wholesale Club, Inc. and a meat supplier last week agreed to pay $11 million to the family of a New York girl who became ill with E. coli O157:H7 after eating contaminated hamburgers...

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Saratoga Springs and Wappingers Falls Kids - Canaries in the E. coli O145 Lettuce Coal Mine - two with hemolytic uremic syndrome (HUS)

Posted on May 08, 2010
I was reading the Saratogian and the Poughkeepsie Journal this morning and was struck by the fact that once again consumers of food – this time kids – inform us by getting sick of yet another foodborne illness outbreak – this time E...

Hey, our Petition on E. coli Adulterants (including O145) made the FSIS website!

Posted on May 07, 2010
Petition Submitted by Marler Clark LLP, PS Outbreak, Inc. (Oct 5, 2009, PDF Only) Citizens petition submitted to FSIS for an interpretive rule declaring all Enterohemorrhagic (EHEC) Shiga Toxin-producing serotypes of Escherichia coli (E. coli), including non-0157 serotypes, to be adulterants within the meaning of the Federal Meat Inspection Act (FMIA)...

Freshway E. coli O145 Romaine Lettuce Outbreak - the CDC Steps in

Posted on May 07, 2010
According to the CDC as a few moments ago, local and state public health officials in Michigan, New York, and Ohio are investigating human illnesses caused by E. coli O145. CDC is supporting these investigations and facilitating regular communication and information sharing between the states and with the U...

Yuma E. coli O145 Romaine Lettuce Connection - Andrew Smith Company?

Posted on May 07, 2010
Although Yuma has not been linked to an "leafy green" E. coli outbreak in the past - O157:H7 or otherwise - like O145, it is not like Yuma is risk free - it has more than a few cattle feedlots and is a major flyway for migrating birds.  It also has the "All American Canal...

Supplemental Reasons Why Non-O157's - like O145 - Should be Adulterants

Posted on May 07, 2010
Our discussion with the FSIS on our Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) is ongoing...

E. coli O145 Lettuce cases linked to Roy C. Ketcham HS, John Jay HS, Wappingers JHS, and Van Wyck Middle School in Wappingers Falls New York

Posted on May 07, 2010
Here is a copy of the letter sent to parents:   May 6, 2010   Dear Parents/Guardians: I am writing to inform you that over the past few weeks a small number of students reported symptoms of diarrheal illness. The students received immediate treatment at local health care providers...

Freshway Foods linked to E. coli O145 Lettuce Outbreak

Posted on May 06, 2010
Over the last few weeks as Ohio, Michigan and New York health officials (along with the CDC) have tracked the source of the ongoing E. coli O145 outbreak to lettuce that has sickened over 50 people near college campuses at The Ohio State in Columbus, University of Michigan in Ann Arbor and Daemen College in Buffalo, we have been fielding phone calls from potentially ill students...

E. coli O145 Outbreak in Michigan, New York and Ohio linked to lettuce?

Posted on May 06, 2010
E. coli outbreaks, primarily of the O157 variety, have been associated with lettuce or spinach, specifically 'pre-washed' and 'ready-to-eat' varieties, and are by no means a new phenomenon. By way of illustration: August 1993 - E. coli O157:H7 outbreak linked to a salad bar; 53 reported cases in Washington State July 1995 - Lettuce (leafy green; red; romaine) E...

Utah Raw Milk, the gift that keeps on giving - if you are a law firm

Posted on May 06, 2010
Heather May of the Salt Lake Tribune posted a few moments ago "Public health officials investigating salmonella cases:" Public health and agriculture officials are investigating six cases of salmonella they believe were caused by drinking unpasteurized milk...

E. coli O145 - tainted Romaine Lettuce recalled from 23 states and the District of Columbia - 12 Hospitalized, 3 with Hemolytic Uremic Syndrome (HUS)

Posted on May 06, 2010
The Outbreak Freshway Foods and the Food and Drug Administration announced mid-morning a recall of Romaine Lettuce after illnesses were reported in Michigan, Ohio and New York - primarily impacting students at University of Michigan, The Ohio State university and Daemen University...

So, what is it about raw milk that makes some people crazy?

Posted on May 05, 2010
I received this email bright and early this morning: Hey you scum bag lier and thief (lawyer). Obviously you are funded by the commercial milk industry. You are clueless about raw milk! How many cases of contaminated commercially prepared milk vs raw milk are there? All your "wins" are from commercially prepared food companies...

Listeria Lawsuit Filed in Milk Post Pasteurization Contamination

Posted on May 04, 2010
A. News of the Outbreak On November 27, 2007, a health department officer in central Massachusetts contacted the Massachusetts Department of Public Health (MDPH) to report a Listeria infection in an 87-year-old man, later identified as John Powers. Pulsed-field gel electrophoresis (PFGE) performed on Mr...

How did the Oregonian know it was my birthday today?

Posted on May 03, 2010
I doubt they did when Lynne Terry wrote - 'Failure to test for six strains of E. coli leaves gaps in nation's food safety network' - this morning. Here is the full story: Two years ago, Bill Marler was contacted by the family of a 13-year-old girl killed by E...

I am standing on the shoulders of giants in the fight against E. coli

Posted on May 03, 2010
It is not surprising that something I am doing today is something that was done before, but honestly, when it come to public safety, this is a bit ridiculous. 'We cannot let ourselves be complacent in thinking that E. coli O157:H7 is the only Shiga toxin-producing microorganism that can cause problems...

John Strike, grandfather of Abby Fenstermaker E. coli O157:H7 victim, died yesterday

Posted on May 02, 2010
I never get used to the phone calls about the death of a client. Last night's was especially hard because it came from the mother of Abby Fenstermaker who died of E. coli O157:H7 complications nearly one year ago. Now, her father John Strike lost his battle - perhaps not completely due to the E...

The USDA should declare that all illness causing shiga-toxin producing E. coli are adulterants and ban them from the meat supply

Posted on April 30, 2010
In 2010 there are still lethal strains of E. coli that some parts of our government do not regulate in the food supply. E. coli O157:H7 has been considered an adulterant in food since 1994 by USDA/FSIS, but non–O157 strains, which can be just as devastating, are not...

Salmonella found in Nestle morsels - again

Posted on April 30, 2010
Michael Burke of the Journal Times report that for the second time this year, Nestle's local plant has shut down a production line after a positive salmonella test. Workers reported, and the company confirmed, that a batch of chocolate chips tested positive for salmonella on Wednesday...

Beta Testers Still Needed - Foodborne Illness Outbreak Database

Posted on April 30, 2010
We have continued to upgrade and improve www.outbreakdatabase.com and nearly are ready for launch.  We have a few "bugs" to work out and we are going to link to the CDC and CSPI databases too.  We would still love any input, advise or criticism...

For those interested in E. coli O145 like those in Ohio, Michigan and New York

Posted on April 29, 2010
Here is a very interesting and recent article on E. coli O145 - including outbreaks:

New York now linked to E. coli O145 Outbreak in Michigan and Ohio - as many as 47 now sickened in three States

Posted on April 28, 2010
Misti Crane of the Columbus Dispatch (she has covered her fair share of E. coli outbreaks) reported a few moments ago that Health officials in New York have linked a person's illness there to the E. coli outbreak in Columbus, Ohio and Ann Arbor, Michigan, and are looking into at least 12 more possible cases...

Durham North Carolina Restaurant linked to 15 Salmonellla Sicknesses

Posted on April 28, 2010
Despite the fact Patti Waller our Epidemiologist has eaten there dozens of times, the Durham County Health Department is investigating Bullock's Barbecue restaurant after 15 people were sickened there last week, officials said Tuesday. Seven people were hospitalized for dehydration because of vomiting and diarrhea caused by Salmonella...

Seven Sickened by Salmonella at Los Dos Amigos

Posted on April 28, 2010
Douglas County Public Health officials and the Oregon Department of Human Services are investigating an outbreak of salmonellosis that has been reported by local medical providers in the past week. Initial investigation results show that the seven people who have become ill ate at the Los Dos Amigos restaurant in downtown Roseburg from April 9 to April 17, according to a Douglas County Public Health news release...

Non-E. coli O157:H7 illnesses climb to 21 in Michigan and 13 in Ohio - Is a broader outbreak likely?

Posted on April 28, 2010
Columbus Ohio public health officials announced today that five local confirmed cases of non-E. coli O157 have all been linked to seven cases of in Michigan. The cases in Central Ohio are linked by DNA fingerprinting (PFGE) to cases in Ann Arbor, Michigan...

Non-E. coli O157:H7 Outbreaks linked to Colorado Prison (E. coli O111) and Ohio and Michigan Mexican Restaurants (E. coli O145)

Posted on April 26, 2010
Eleven inmates at Four Mile Correctional Center may be ill with E coli O111 infections. Colorado Department of Corrections spokeswoman Katherine Sanguinetti says three cases have been confirmed, with eight more suspected cases. Officials were working with the state health department to prevent the spread of the bacteria among inmates at the minimum-security prison...

2009 JBS Swift meat recall and E. coli O157:H7 outbreak mediations this week

Posted on April 25, 2010
In early April 2009, health officials from several states began investigating reports of E. coli O157:H7 illnesses associated with the consumption of ground beef products manufactured by the JBS Swift company. On June 24, 2009, JBS Swift announced a voluntary recall of approximately 41,280 pounds of beef products due to potential contamination with E...

Food Safety News Second bi-annunal meeting

Posted on April 24, 2010
Eight months into Food Safety News, we had the chance to bring together the Washington DC, Denver and Seattle Bureaus, along with our interns and free-lancers in Las Vegas.  The goal is to talk this weekend about how we have been doing and how we can do better...

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