Personal Injury Law

Organic Pastures Raw Milk Warnings - Real or Imaginary? Does it Tell You That it Might Contain E. coli, Listeria or Campylobacter?

Posted on May 26, 2009
I spend a lot of time trying to convince companies why it is a bad idea to poison their customers - either suing them through Marler Clark or educating them through Outbreak Inc.  Educating consumers is also something we all need to do for ourselves...

Fundraiser for Ohio Child who Died from E. coli Complications - Abigail Fenstermaker Memorial Fundraiser

Posted on May 26, 2009
Abigail Fenstermaker's family is asking for help, after their 7-year-old died from E. coli complications last week.  A fundraiser is being held on Abby's behalf on Friday, May 29th from 7 - 11 p.m. It will take place at The Clevelander, 834 Huron Rd...

Washington State University - Say It Isn't So. Hey, Michael Pollan, I'll Pay Your Way to Pullman

Posted on May 26, 2009
Let me put this in context. I am a 'Coug' - through and through.  I went to Washington State University, getting degrees in Political Science, Economics and English in 1982.  I served four years on the Pullman City Council (first student, and at 19, the youngest ever)...

The Alexandre Eco Farms Dairy Raw Milk Campylobacter Outbreak

Posted on May 26, 2009
I. THE OUTBREAK On October 2, 2008, the California Department of Public Health (CDPH) issued a report linking an outbreak of Campylobacter illnesses to unpasteurized milk from Alexandre Eco Farms Dairy. The report was the result of an investigation commenced on July 14, 2008, when Dr...

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E. coli Outbreaks, Illnesses, Deaths and Litigation in Ohio Since 1999

Posted on May 24, 2009
KFC E. coli Outbreak – Ohio - 1999 In late July of 1999, Ohio public health officials began receiving reports that patients at local hospitals were suffering from E. coli O157:H7 infections. By August 2, 1999, fifteen cases had been confirmed, and through investigative interviews the Ohio Department of Health learned that eleven of those fifteen people had eaten foods purchased from KFC restaurants in southwestern Ohio counties in the week before becoming ill...

Parent Food Safety Guide for E. coli

Posted on May 24, 2009

Food Safety Speaking Tours in the Last Year - No wonder I have so many frequent flyer miles!

Posted on May 24, 2009
Over the last several years, other members of the firm and I spend nearly as much time speaking out on safe food as we do litigating food poisoning cases. Here is a partial list of places I have been in the last several months.  In part we try and explain how and why we do what we do and to convince companies why it is a bad idea to poison your customers...

Wannabe California Lieutenant Governor Florez has Time to Suck Teat of Raw Milk?

Posted on May 23, 2009
California's budget is a mess - what a minus $20B or so?  And, Senator Florez has time to write a letter to beat up on public servants who are doing their job trying to protect the public? (click on above) - Perhaps Senator Florez should do his job and protect the public from the sale of raw milk?

Sixteen Years of E. coli O157:H7 Litigation

Posted on May 23, 2009
Since the Jack in the Box E. coli Outbreak of 1993, I have been involved in every E. coli Outbreak and have represented the most seriously injured cases.  There have been far too many deaths. * AFG / Supervalu E. coli Outbreak - Minnesota * AgVenture Farms Petting Zoo E...

The E. coli O157:H7 Bacteria and Hemolytic Uremic Syndrome (HUS)

Posted on May 23, 2009
The E. coli O157:H7 Bacteria E. coli O157:H7 is one of hundreds of strains of the bacterium Escherichia coli. Most strains of E. coli are harmless and live as normal flora in the intestines of healthy humans and animal. The E. coli bacterium is among the most extensively studied microorganism...

Settlement in Hemolytic Uremic Syndrome (HUS) Case Linked to 2007 E. coli O157:H7 Outbreak

Posted on May 23, 2009
In the first major hamburger recall since 2002, on June 9, 2007, United Food Group voluntarily expanded its June 3 and 6 recalls to include a total of approximately 5.7 million pounds of both fresh and frozen ground beef products produced between April 6 and April 20 because it was contaminated with E...

Ohio E. coli O157:H7 Illnesses and Death Appears Linked to Cleveland Restaurant and VFW Hall

Posted on May 23, 2009
Harlan Spector of the Cleveland Plain Dealer reported this morning that: Last week, his [Cleveland Department of Health] department inspected Deekers Side Tracks in Mentor after an illness was reported. In all, four cases have surfaced in the Cleveland area...

UPDATE - Was Valley Meats (or at least the plant) Linked to THREE Prior E. coli O157:H7 Outbreaks and Recalls?

Posted on May 22, 2009
Yesterday the FSIS announced that Valley Meats LLC, a Coal Valley, Illinois meat establishment (USDA EST. 5712) recalled approximately 100,000 pounds of ground beef products that are likely contaminated with E. coli O157:H7 after illnesses linked to the hamburger were reported in Pennsylvania, Ohio and Illinois...

FDA Found Numerous Violations at Setton Pistachio Plant Linked to Salmonella

Posted on May 22, 2009
In a 483 Inspection Report released today, FDA inspectors identified multiple food-safety shortcomings at the Setton Pistachio of Terra Bella California that was linked to a Salmonella outbreak earlier this year: 1. The company detected the bacteria in roasted pistachios in October but did not change its processing procedures until March 2...

President's Food Safety Working Group - Website

Posted on May 21, 2009

Outbreak of E. coli O157:H7 Linked to Valley Meats in Ohio, Pennsylvania, and Illinois Spurs Ground Beef Recall

Posted on May 21, 2009
E. coli O157:H7 illnesses in Ohio, Pennsylvania, and Illinois have led health investigators to ground beef produced by Valley Meats, LLC of Coal Valley, IL. The company has initiated a recall of 95,898 pounds of ground beef product that is possibly contaminated with E...

E. coli O157:H7 Illnesses in Ohio, Pennsylvania, and Illinois Linked to Hamburger Produced by Valley Meats

Posted on May 21, 2009
FSIS announces the first CLASS I RECALL after E. coli O157:H7 illnesses linked in Ohio, Pennsylvania, and Illinois of the season - more to follow? ILLINOIS FIRM RECALLS GROUND BEEF PRODUCTS DUE E. COLI O157:H7 CONTAMINATION Valley Meats LLC, a Coal Valley, Ill...

Girl Dies From E. coli O157:H7 in Cleveland - Likely Linked to Other E. coli O157:H7 illnesses in Ohio, Pennsylvania, and Illinois Linked to Hamburger Produced by Valley Meats

Posted on May 21, 2009
The Cleveland Ohio Health Department said moments ago that a 6 or 7-year-old girl died from E. coli O157:H7 last weekend and that the death (likely due to Hemolytic Uremic Syndrome) appears linked to E. coli O157:H7 illnesses in Ohio, Pennsylvania, and Illinois that have led FSIS and CDC health investigators to ground beef produced by Valley Meats, LLC of Coal Valley, Illinois...

Institute of Food Technologists' Annual Meeting - Hot Topic - Irradiation of Leafy Greens

Posted on May 21, 2009
I'm heading to the Institute of Food Technologists' Annual Meeting in California in a few weeks to talk about Leafy Greens and Food Irradiation – Pros and Cons. In addition to the below PowerPoint, I will be handing out my DRAFT Publication 'Pros and Cons of Commercial Irradiation of Fresh Iceberg Lettuce and Fresh Spinach: A Literature Review' as well as my Law Partner, Denis Stearn's book chapter 'A Future Uncertain – Food Irradiation from a Legal Perspective...

Food Fight - Insurance Issues in Food Poisoning Cases

Posted on May 20, 2009
I am off to New York in the next few weeks to meet the the Excess/Surplus Lines Claims Association and Federation of Defense & Corporate Counsel to sit on a panel of folks discussing insurance issues and how they relate in food poisoning claims.  I am going to open with a few slides on an overview of strict product liability law...

E. coli O157:H7, the Impact and the Prognosis Features of Hemolytic Uremic Syndrome (HUS)

Posted on May 18, 2009
Overview of Medical Impacts of E. coli O157:H7 After a susceptible individual ingests a sufficient quantity of E. coli O157:H7, the bacteria attach to the inside surface of the large intestine and initiate an inflammatory reaction. This reaction is believed to be due to chemicals secreted by the bacteria, and results in the bloody diarrhea and abdominal cramps characteristic of the intestinal illness...

Kidney Transplant Complication Post-Acute Hemolytic Uremic Syndrome (HUS)

Posted on May 17, 2009
Adolescents and young adults with chronic kidney disease face a number of complications from their chronic kidney disease failure including alterations in calcium and phosphate balance and renal osteodystrophy (softening of the bones, weak bones and bone pain), anemia (low blood count and lack of energy), hypertension (high blood pressure) as well as other complications...

It is Spring in Paris - It must be time to recall Salmonella Cantaloupe in the United States

Posted on May 15, 2009
I just finished a day at the Louvre, walking along the Seine and trying to find the French I learned in college, as I ordered a meal with my daughter at a cafe on a busy avenue.  I then was brought back to what Spring is really all about - another Cantaloupe recall due to Salmonella...

"Blaming The Victim" Strategy Remains In Food Industry's Playbook

Posted on May 14, 2009
 We do not want to be accused of speaking ill of America while being on foreign soil, but we are still trying to read the New York Times daily and today's story titled "Increasingly, Food Companies Cannot Guarantee Safety" by Michael Moss makes it clear that the U...

VTEC Conference - E. coli O157:H7 and other STEC's and VTEC's

Posted on May 13, 2009
Bruce Clark, my law partner and Patti Waller, my Epidemiologist, were in Argentina this week.  The conference topics were:  - STEC/VTEC epidemiology from around the world - Reservoirs. Sources and routes of transmission - Pathogenesis. Host response to STEC/VTEC infections...

French Food Safety News - Carrefour in Court for Labeling and Food Safety Issues

Posted on May 12, 2009
I am going to take a side trip to Paris for a couple of days after the Food Safety Conference here in London and the news that French supermarket giant Carrefour has been accused of violating a number of regulations related to the labeling and food safety of meat products caught my eye...

Royal Institute of Public Health

Posted on May 12, 2009
One of the "good news, bad news" of sleeping few hours at odd times is that jet lag has very little impact on you.  It is 11:36 PM here in "jolly olde England" and 3:26 PM in Seattle,  Folks at the office are about to head to the Starbucks (they are on every block here in London)...

Safe Food at the House of Lords

Posted on May 12, 2009
I had dinner tonight with Lord Soulsby of Swaffham Prior and a dozen others, including my 14 year old daughter Olivia, in one of the House of Lords dining chambers. The whole place reminded me a bit of Hogwarts out of Harry Potter. The food below was adequate, not fancy, but likely safe, as most of the ministers and professors had something to do with food safety...

Marler, Honored, Blessed, Hard Work or Just Damn Lucky?

Posted on May 10, 2009
Poor Bill Baldwin of Forbes – his Editorial 'Needed: Tort Lawyers' in this week's Forbes – has been printed and reprinted on other lawyer blogs and websites to tout their bona fides as food lawyers. Funny thing, all of them missed this part of Mr...

Michelle Obama and Staff Go for Burgers - Inspection Reports Not Online

Posted on May 09, 2009
A few days after the President and Vice President ordered and ate burgers in Arlington Virginia, the First Lady and her staff ate burgers at Good Stuff Eatery, 303 Pennsylvania Ave. SE, Washington, DC 20003. Unlike with the President's burger binge, the First Lady's was not caught on video nor was the 'doneness' of her burger reported...

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