Personal Injury Law

3rd annual China International Food Safety & Quality Conference + Expo - September 2009 in Beijing

Posted on July 14, 2009
I am honored to be a speaker again this year and to lend my support to what is truly becoming one of the world best food safety conferences.  From the Conference Website: When it comes to protecting food, good governance is good for business. For anyone committed to enhancing food safety, the 3rd annual China International Food Safety & Quality Conference + Expo allows you to stay on top of the latest trends and developments...

Nestle Toll House Cookie Dough E. coli O157:H7 By the Numbers - 76 Sickened in 31 States, 11 with Hemolytic Uremic Syndrome

Posted on July 14, 2009
According to the FDA, as of July 10, the CDC reports that 76 persons from 31 states have been infected with the outbreak strain of E. coli 0157:H7. Thirty-five persons have been hospitalized, 11 with a severe complication called Hemolytic Uremic Syndrome...

E. coli O157:H7 should have been an Adulterant on ALL BEEF in 2002 and it should be Today!

Posted on July 13, 2009
In fact, IMHO, all pathogens on meat should be considered an adulterant - but that is just me.  Denis Stearns, one of my law partners, reminded me that in 2002 we asked FSIS to consider that E. coli O157:H7 on ALL BEEF should be considered adulterated...

Where is the balance between food safety, consumer convenience, industrialized agriculture and the environment?

Posted on July 13, 2009
I had a long talk with Carolyn Lochhead, San Francisco Chronicle Washington Bureau Reporter about her article, 'Crops, ponds destroyed in quest for food safety' that appeared this morning. It is a good opening discussion of the balance that we somehow have to forge between food safety, consumer convenience, industrialized agriculture and the environment...

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One E. coli O157:H7 Outbreak I Think I could have Prevented

Posted on July 12, 2009
John Munsell, known to the readers of Mother Jones as – 'Meatpacking Maverick - Montana meatpacker John Munsell's against-the-odds struggle for improved food safety' - by Michael Scherer, and to the readers of Marler Blog, one of its most consistent commentators...

Guest Blogger Roy E. Costa - "A Sanitary Survey of Nestlé's... Quick"

Posted on July 12, 2009
While public health investigators shake their collective heads, the cause of the E coli O157:H7 outbreak due to raw cookie dough that has now affected over 70 persons goes unrecognized. FDA has reportedly ruled out sabotage, extensive tests of ingredients did not reveal the agent, and several days of investigation reportedly turned up only minor sanitation issues...

Richard Raymond, former USDA Undersecretary of FSIS, Unplugged, but Right On

Posted on July 11, 2009
I know, I know, a trial lawyer who reads the Wall Street Journal? Yes, a bit counter-intuitive, but you have to love Bill Tomson's article today – 'U.S. Beef Safety Plan Languishes Amid New Illnesses,' and getting some juicy quotes by an 'R' I admire, Richard 'Dick' Raymond...

Nestle Toll House Cookie Dough Plant - 201 Airside Drive Danville Virginia

Posted on July 11, 2009

Nestle Danville Toll House Cookie Dough "483" Posted.

Posted on July 11, 2009
After inspecting the Danville Plant on 06/18/2009(Thu), 06/19/2009(Fri), 06/22/2009(Mon), 06/23/2009(Tue), 06/24/2009(Wed), 06/25/2009(Thu), 06/26/2009(Fri), 07/07/2009(Tue), 07/08/2009(Wed), and 07/09/2009(Thu), the FDA posts a 1, yes, 1 page "483" online last night, or early this morning - yes, even I sleep sometimes...

FDA's Inspection Report For Nestle's Danville, Virginia Facility - FDA's 483 - Released to Nestle on Thursday - The Rest of Us, When?

Posted on July 11, 2009
From a Nestle's Press Release: On June 29, 2009, the FDA confirmed evidence of E. coli O157:H7 in a retained production sample of 16.5 oz. Nestle Toll House refrigerated chocolate chip cookie dough bar. The product has a day code of 9041 and a "Best before 10 JUN 2009" notation...

Yet Another Cluster of E. coli O157:H7 Ill Kids - Salida Colorado

Posted on July 10, 2009
According to the Chaffee County Public Health Department, two children in Salida were recently diagnosed with Escherichia coli (E. coli) and at least three others have reported symptoms that could indicate the illness. Chaffee County Public Health Department personnel are working with the Colorado Department of Public Health and Environment to investigate the cluster of E...

Nestle Toll House Cookie Dough E. coli O157:H7 Outbreak Expands to 74 Ill in 32 States

Posted on July 10, 2009
I spent the morning on the phone with two young fathers whose children are both victims of Hemolytic Uremic Syndrome caused by E. coli O157:H7 that has been linked by the CDC to Nestle Toll House Cookie Dough.  One child, an 8-year-old from Michigan has been hospitalized for nearly a week and has received at least one blood transfusion...

E. coli and Cookie Dough Should Not Mix

Posted on July 09, 2009
The CDC says 72 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 30 states. Of these, 51 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others...

Guest Blog - The CDC Linking Raw Cookie Dough to an E. coli Outbreak

Posted on July 09, 2009
OK, so the CDC likely would not even recognize that they know me or that what I do is useful, but I must say, this post (unauthorized here) on the CDC Blog is perhaps the best explanation of why we need a CDC and Epidemiologists.  Plus the author is kinda hot - for a Doctor...

AVMA Conference - Raw Milk Consumption - Legal Implications of Raw Milk and Case Studies

Posted on July 09, 2009
I have been asked to present a short overview of legal implications of Raw Milk this Sunday at the AVMA Convention here in Seattle.  Here is the outline.  There will be one video too.

Well, Mr. Bill May Not Be Going To Washington

Posted on July 09, 2009
A friend in the beef industry just forwarded this to me: AGRICULTURE SECRETARY VILSACK NAMES JEROLD R. MANDE AS DEPUTY UNDER SECRETARY FOR FOOD SAFETY WASHINGTON, July 9, 2009 - Agriculture Secretary Tom Vilsack today announced the appointment of Jerold R...

ABC Brian Hartman Exclusive - Again: Nestle Cookie Dough Loaded With Three Kinds of E. coli - Minnesota Family Link

Posted on July 09, 2009
Mr. E. coli (aka Brian Hartman) once again scoops all in the ongoing Cookie Dough caper. Here is part of his story: Federal investigators have linked at least three different kinds of E. coli to Nestle's cookie dough but remain stumped about how the bacteria got into the product, ABC News has learned...

Plainview Milk Products Cooperative Salmonella Recall - Where is the Genetic Fingerprint?

Posted on July 08, 2009
I was watching again this morning the Vice President and Secretaries Vilsack and Sebelius talking about the Food Safety Working Group as I was responding to emails from people concerned about yet another recall of a staple food product. This time the Plainview Milk Products Cooperative Salmonella Recall...

Is the Cuyahoga County Ohio Board of Health investigating a cluster of Hemolytic Uremic Syndrome (HUS) cases associated with E. coli O157:H7?

Posted on July 08, 2009
On the eve of the July 4th weekend, The Cuyahoga County Board of Health (CCBH) released a press release that it was: 'currently investigating a cluster of Hemolytic Uremic Syndrome (HUS) cases associated with exposure to E. coli O157:H7 bacteria. E. Coli can cause intestinal infection resulting in severe bloody diarrhea and abdominal cramps...

I Never Thought I Would Live to See the Day - Food Safety in the Age of Obama

Posted on July 07, 2009
In 16 years of litigating thousands of foodborne illness cases and taking over $500,000,000 from food companies, I really may live to see the government "put me out of business."  Here are the talking points for today's Food Safety Working Group Event...

Obama's Food Safety Working Group to Take a Bite Out of Food Safety

Posted on July 07, 2009
The President's Food Safety Working Group will announce today at 1:30 Eastern Time that the Food and Drug Administration and the Agriculture Department will adopt new standards targeted at combating foodborne illnesses in the United States. According to a pre-release, under the new rules: • The FDA will help the food industry establish better tracing systems to track the origins of a bacterial outbreak...

American Bar Association

Posted on July 07, 2009
 Damn, great to see the ABA is finally paying attention to my blog - errr, blawg Perhaps I'll make it into the Top 100 this year?

Quotable Quotes on Food Safety

Posted on July 07, 2009
CDC acts to expedite foodborne data sharing Such single-point reporting may be a weakness of the new system, because it cannot establish trends in the way that multi-year analyses do, said prominent food-safety attorney Bill Marler of Seattle. "It you looked just at 2006, you would think that produce is a terrible risk, but in 2007 and 2008 there were fewer outbreaks in produce and many more in meat," he said...

Federal Court Complaint Filed in JBS Swift E. coli O157:H7 Beef Case

Posted on July 06, 2009

Food Safety Advocates Marler Clark File First E. coli Lawsuit against JBS Swift Beef Company on Behalf of Gravely Ill Victim

Posted on July 06, 2009
The first lawsuit stemming from the current E. coli O157:H7 (E. coli) recall by JBS Swift Beef Company of Greeley, Colorado that has been linked to 23 E. coli illnesses in California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin was filed today on behalf of an Albuquerque-area child who was infected with E...

Before You Light the Grill Check the FSIS Retail List of JBS Swift Recalled E. coli Beef

Posted on July 04, 2009
Good to see USDA/FSIS and JBS Swift are working on the 4th.  The list of retailers is now is 82 pages long.  The E. coli O157:H7 Illnesses are at least 23 in 9 states. I am off to California and New Mexico in the morning to meet with two HUS victims of this recall.

Interview with James F. Neale, Esquire - Food Illness Defense Guy

Posted on July 03, 2009
I got the heads-up that Jim had been interviewed by Law 360 and actually said something nice about me. Thinking that it could not be so – since I once suggested that his skills as a defense lawyer reminded me of the kids that looked so closely at the details that 'they burned the wings off of small insects...

JBS Swift and FSIS Name Names - Retail Stores That Received E. coli Beef

Posted on July 03, 2009
It really is a bit hard to imagine what today was like for JBS Swift and the FSIS - checking the list of retailers that might have received the 210 Tons of E. coli O157:H7 meat.  This morning a few names trickled out - this evening a torrent, tomorrow a flood?  Here is the most recent list: Price Chopper Hannaford Stop & Shop Food 4 Less Fry's Smith's Costco Sams Club Kroger SAV a Lot Knight Super Foods #4 Weldon's Meat Market Jasper Mercantile Keeney's Food Mart Sweetbay All DAY AM PM MART Hobby's Hoagies Produce SHRTN HTL Produce Giant Here is the most recent list (sure to expand in the coming days):

Wegmans Recalls Fresh Anaheim Peppers Due to Salmonella Risk

Posted on July 03, 2009
Batch/UPC Code:  Anaheim peppers sold since June 11, 2009. Reason for Recall:  Wegmans has removed fresh Anaheim peppers from its Produce departments due to the possibility of salmonella contamination. The FDA is currently investigating the situation...

Just in Time for the 4th of July Weekend Another Warning About the Meat We Eat - NPR Interview of Marler

Posted on July 03, 2009
Health officials with The Atlanta based Centers for Disease Control and Prevention say at least twelve people have been hospitalized in connection with a possible E. coli outbreak in beef. WGPB's John Sepulvado reports some three hundred eighty thousand pounds (actually 420,000) of beef have been recalled in connection to the outbreak: Colorado's JBS Swift Beef Company processed the suspect meat in April, and the recall began last week...

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