Personal Injury Law

Happy 23rd Birthday Stephanie Smith - Yet Another Victim of E. coli O157:H7

Posted on February 20, 2010
Stephanie Smith turned 23 years old today. She was born on February 20, 1987 in St. Cloud, Minnesota. Stephanie was a dancer. She lost the ability to walk in 2007 as a result of the most severe E. coli O157:H7-induced HUS illness I have ever seen in someone who survived...

Will Cargill, a Mulit-Billion Dollar Privately Held Company, Face Punitive Damages in the Case of the Paralyzed Dancer? You Decide

Posted on February 19, 2010
The 2007 Cargill E. coli O157:H7 Outbreak and its Genesis On October 3, 2009, the New York Times published an article on Stephanie Smith's injuries and the contaminated, recalled Cargill meat that caused them—specifically, a hamburger patty that Stephanie's aunts had purchased at a local Sam's Club store...

Wyoming Legislature set to pass House Bill 54 - The "Bill Marler Full Employment Act" - Thank you Sue Wallis.

Posted on February 19, 2010
Thank you Rep. Sue Wallis, R-Recluse, Wyoming. Like the Seattle Times, how did you know that I did not have enough work suing Cargill, Nestle, Con Agra, McDonald's, Peanut Corporation of America, Kellogg, Dole, Nebraska Beef, Whole Foods, Jack in the Box, Taco Bell, Wendy's, etc...

Cargill Admits its E. coli-tainted Hamburger Caused Dancer's Paralysis, Yet Refuses to Pay Past Medical Expenses

Posted on February 19, 2010
According to KARE TV 11 in Minneapolis today, the Minnesota company accused of producing tainted meat that left a former dance instructor paralyzed has admitted fault in the case.  According to documents filed earlier this month in the federal lawsuit, Cargill says it manufactured and sold a product that contained E...

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FDA Establishment Inspection Report U.F. Union International Food Co., Inc. White Pepper Salmonella Outbreak 2009

Posted on February 18, 2010
As this more recent Salmonella Black and Red Pepper outbreaks twists slowly in the wind, I spent some of today re-reading the FDA Establishment Inspection Report on U.F. Union International Food Co., Inc. White Pepper Salmonella Outbreak 2009.  Harris Freeman appears to be the importer of the raw white pepper...

Salmonella found in Nestle Chocolate Morsels Tests

Posted on February 18, 2010
More bad news for cookies. Nestle Chocolate morsels manufactured in Burlington, Wisconsin were tested for Salmonella recently and were positive as reported by Western Racine County Health Officials on Thursday. In addition, according to a Nestle spokeswoman, Laurie MacDonald, the product was not shipped to costumers therefore there will be no recall...

Meat Recalls in the Age of Obama

Posted on February 18, 2010
In so many ways, January 20, 2009 ushered in a new era in American politics (my wife and kids stood in the cold and were seated just below the President).  A charismatic leader with an agenda of hope and change took the reins in a time of great trouble on many fronts in this country...

Daniele International Inc recalls another 115,000 pounds of Salami due to Salmonella - This time Red Peppers?

Posted on February 17, 2010
According to a FSIS release late yesterday, Daniele International Inc., an establishment with operations in Pascoag and Mapleville, R.I., is expanding its January 23 recall to include approximately 115,000 pounds of salami/salame products that may be contaminated with Salmonella, the U...

Lawsuit on Behalf of California Woman Fatally Sickened by Salmonella Pepper

Posted on February 17, 2010
A Salmonella lawsuit will be filed this week on behalf of the daughter of a Huntington Beach woman who died in 2009 from a Salmonella infection contracted from tainted pepper. The lawsuit will be filed against U. F. Union International Food, which produced the spices as well as against the companies that sold and distributed them...

Daniele, Inc. Black Pepper Salami Positive for Salmonella Montevideo and Senftenberg

Posted on February 16, 2010
We have known for some time now that Daniele Inc.'s recalled salami products, and black pepper sold by Overseas Spice Company and Wholesome Spice, were contaminated with more than one strain of Salmonella. We have also known for some time that the strains involved, or at least two of them, are Montevideo and Senftenberg...

E. coli, Salmonella and Hepatitis A Litigation Sites Updated

Posted on February 16, 2010
We at Marler Clark developed E. coli, Salmonella and Hepatitis A litigation sites to keep our clients up-to-date on current litigation being prosecuted by Marler Clark throughout the United States. The site is also a resource for Marler Clark co-counsel, print and broadcast media who are working on stories about outbreaks and outbreak-related litigation, and potential clients who are researching Marler Clark in anticipation of filing a claim...

Salmonella Montevideo Sickens 230 - Link is Black Pepper Salami - California, Illinois, Massachusetts and Washington hardest hit

Posted on February 16, 2010
CDC reports 230 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related PFGE patterns, have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ (7), CA (30), CO (5), CT (5), DC (1), DE (3), FL (3), GA (3), IA (1), ID (2), IL (15), IN (3), KS (4), LA (1), MA (13), MD (1), ME (1), MI (4), MN (5), MO (2), MS (1), NC (10), ND (1), NE (1), NH (2), NJ (8), NM (2), NY (18), OH (9), OK (1), OR (9), PA (7), RI (2), SC (1), SD (3), TN (5), TX (7), UT (9), VA (1), WA (17), WI (1), WV (1), and WY (2)...

Beef Products Inc (BPI) to go "transparent" - Really?

Posted on February 16, 2010
I missed (OK, I was not invited) the National Meat Association's annual conference where Eldon Roth, Founder and Chairman of Beef Products Inc., announced that the company will post on its Web site 100 percent of its results from the processor's testing for E...

FDA Letter Hits Kellogg for Multiple Food Safety Violations

Posted on February 16, 2010
This is just too good not to print in full: January 27, 2010 VIA FEDERAL EXPRESS A.D. David Mackay, President & CEO Kellogg Company 1 Kellogg Square Battle Creek, MI 49017 WARNING LETTER (10-ATL-07) Dear Mr. Mackay:On October 22-29, 2009, the U.S...

Huntington Meat Packing Inc., Expands Recall by 4,900,000 Pounds of Beef Products due to Possible Adulteration - Criminal Investigation Pending

Posted on February 13, 2010
Recall Release CLASS I RECALL FSIS-RC-004-2010 HEALTH RISK: HIGH Editor's Note: This recall release is being reissued to expand the January 18 recall to include approximately 4.9 million additional pounds of beef and veal products, and to correct net weights from 40 lbs...

Lawsuit Friday - Salmonella in Black Pepper Salami and E. coli O157:H7 in Ground Beef

Posted on February 12, 2010
AP Chicago and AP Portland have been as busy as we have been.  Today, AP Chicago reported on one of our lawsuits – 'Man Sues Claiming Salami Made Him Sick,' and AP Portland reported on the other – 'Maine woman files suit over E. coli poisoning from tainted beef produced by NY-based Company...

FSIS Responds to 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).

Posted on February 12, 2010
Yesterday Safe Tables Our Priority (STOP) published a Press Release urging FSIS to declare "disease-causing E. coli's other than O157:H7 as adulterants in beef and begin testing for them." Over at Fanatic Cook, they are doing a series on Shiga Toxin E...

Salmonella Senftenberg and Salmonella Montevideo Linked to Daniele Salami - 225 Ill in 44 States

Posted on February 11, 2010
The CDC reports tonight that a total of 225 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related PFGE patterns, have been reported from 44 states and District of Columbia since July 1, 2009...

Salmonella Montevideo Outbreak Linked to Black Pepper Salami Update - 217 in 44 States

Posted on February 10, 2010
According to the CDC, 217 individuals infected with a matching strain of Salmonella Montevideo have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ (5), CA (30), CO (4), CT (5), DC (1), DE (2), FL (3), GA (3), IA (1), ID (2), IL (14), IN (3), KS (3), LA (1), MA (12), MD (1), ME (1), MI (4), MN (5), MO (1), MS (1), NC (9), ND (1), NE (1), NH (1), NJ (8), NM (2), NY (18), OH (9), OK (1), OR (9), PA (6), RI (2), SC (1), SD (3), TN (5), TX (7), UT (9), VA (1), WA (15), WI (1), WV (1), and WY (2)...

Marler on Hagen - Reprint from Meat and Poultry

Posted on February 10, 2010
MeatPoultry.com, February 2, 2010 by Steve Bjerklie One of the meat industry's most respected yet sharpest and, arguably, its most litigious, critics says he is 'hopeful' about the nomination of Dr. Elisabeth Hagen to the crucial post of undersecretary of agriculture for food safety...

The Summer 2008 E. coli O157:H7 Outbreak linked to Nebraska Beef and Whole Foods - A story of companies out of control leaving victims in its wake.

Posted on February 07, 2010
On June 30, 2008, Nebraska Beef, Ltd., an Omaha-area beef processor, recalled approximately 531,707 pounds of ground beef products because the meat was potentially contaminated by E. coli O157:H7. On June 24, 2008, the CDC announced an outbreak of E. coli O157:H7 illnesses among 24 residents of Michigan and Ohio...

Linda Rivera's Deadly Dance with E. coli O157:H7

Posted on February 05, 2010
For readers here, and those who saw the Washington Post article, who have followed Linda and her family's struggle with E. coli O157:H7, the report that I received late yesterday from her brother-in-law is heartbreaking.  It seemed only a few days ago that there was talk about her leaving the hospital (where she has been since May 2009) and starting rehabilitation...

Daniele Recalls another 23,754 pounds of Salami

Posted on February 04, 2010
Daniele International Inc., an establishment with operations in Pascoag and Mapleville, R.I., is now recalling approximately 1,263,754 pounds of ready-to-eat (RTE) varieties of Italian sausage products, including salami/salame, in commerce and potentially available to customers in retail locations because they may be contaminated with Salmonella, the U...

West Missouri Beef Recalls Fresh Boneless Beef Products Due to Possible E. coli O157:H7 Contamination

Posted on February 04, 2010
West Missouri Beef, LLC, a Rockville, Mo., establishment, is recalling approximately 14,000 pounds of fresh boneless 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...

Mincing Oversees Spice Company and Wholesome Spices Black Pepper Linked to Salami Salmonella Montevideo Outbreak

Posted on February 03, 2010
The Rhode Island Department of Health announced this afternoon that recent test results strongly suggest black pepper is the source of the Salmonella outbreak associated with Daniele Inc. Daniele purchased black pepper from two different distributors (Mincing Oversees Spice Company and Wholesome Spices) who buy imported black pepper...

Perhaps Execution as a Food Safety Measure does not work so well as a deterent?

Posted on February 02, 2010
The China Daily reported a few days ago that the government has launched a '10 day crackdown on latest milk scare.' And, for good reason – apparently, they need 'to track and destroy melamine-tainted milk products nationwide as a 2008 contamination scandal continued to haunt the country...

Consumer Reports: Bad News, Packaged Salad Can Contain High Levels of Bacteria - Good News, (in these tests) not E. coli O157:H7, Listeria or Salmonella

Posted on February 02, 2010
According to a press release this morning, Consumer Reports' latest tests of packaged leafy greens found bacteria that are common indicators of poor sanitation and fecal contamination, in some cases, at rather high levels. The tests, which were conducted with financial support from the Pew Health Group, assessed for several types of bacteria, including total coliforms and Enterocccous -- "indicator organisms" found in the human digestive tract and in the ambient environment that can signal inadequate sanitation and the potential for the presence of disease-causing organisms...

Marler Clark Clients to Share in $12 Million Settlement against Peanut Corporation of America

Posted on February 01, 2010
According to the Atlanta Journal Constitution and AP, over 100 victims of last year's nationwide salmonella outbreak will split $12 million as part of a bankruptcy settlement with the insurer of the company linked to the illnesses. The attorney for the bankruptcy trustee, Atlanta attorney Alan Maxwell said Monday the money comes from an insurance policy that Lynchburg, Va...

Impacts of the 2008-09 Foodborne Illness Outbreak Linked to Salmonella in Peanuts

Posted on February 01, 2010
Kelsey Wittenberger and Erik Dohlman of USDA's Economic Research Service just published an interesting report on the 2008-2009 Salmonella Peanut Butter Outbreak - Outlook Report No. (OCS-10a-01) 18 pp, February 2010.  I was a bit surprised at their conclusion: The 2009 foodborne illness outbreak linked to Salmonella in peanut products resulted in one of the largest food safety recalls ever in the United States...

GMA 2010 Food Claims and Litigation Conference

Posted on February 01, 2010
I have the honor to speak, along with Alan Maxwell, at GMA's Food Claims and Litigation Conference about "Recent and Emerging Tends," in Austin, Texas on February 23.  Click on below to see the outline Alan and I put together:

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