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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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10 Vermont People Sickened by E. coli Tainted Beef Served at Restaurants

Posted on October 16, 2008
According to Vermont Press reports, the number of E. coli cases in Vermont has reached nine, with a 10th case suspected. In a Press Release the Vermont Department of Health officials offered little specific information on the outbreak, saying only that it had been linked to ground beef served at three Vermont (UNNAMED) restaurants and most of the people infected lived in Chittenden County...


Sarah Palin Needed in Alaska to Shoot Campylobacter Cranes Pooping on Peas

Posted on October 15, 2008
I would like to give a "shout-out" to our gun-totting, Caribou Barbie Governor from our somewhat neighboring state (they can see Russia - we can only see Canada) that she is needed back North with gun in hand.  The Anchorage Daily News reported that federal public health officials have confirmed a link between peas grown on a Palmer farm this summer with a bacterial outbreak that made 99 people sick...


University of Colorado Student Files E. coli Lawsuit Against Jimmy John's

Posted on October 15, 2008
A University of Colorado student infected with E. coli O157:H7 filed suit yesterday in the District Court of Boulder County (copy of complaint). On the weekend of September 20 and 21 2008, Ms. Pendelton’s sorority purchased sandwiches from Jimmy John’s Gourmet Sandwiches and served them to members...


First Lawsuit Filed in China Over Infant's Melamine Milk Death

Posted on October 14, 2008
I am humbled to see Chinese lawyers standing up for the victims of this melamine tragedy despite being pressured to walk away. The family of a baby whose death has been blamed on toxic milk filed suit against one of China's largest dairies, while another dairy ensnared in the scandal said it was a victim of unscrupulous subcontractors...


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Another Kansas Child Dies of E. coli - Is There a Connection?

Posted on October 13, 2008
Wesley Medical Center has confirmed two kids have died at the hospital due to E. coli contamination in the last few days.  No connection or sad coincidence? Recently, the mayor of Liberal, Kansas said that 18-month-old Tanner Strickland, died last week...


Another Food Safety Speech - This Time To Lawyers

Posted on October 13, 2008
Over the last months I have been pitching to various business conferences my two mantras - "Put me out of business" and "Why it is a bad idea to poison your customers."  For those who read newspapers and magazines (OK, not one of the VP candidates) or who subscribe to my blog and have seen the number of recent foodborne illness outbreaks, I am not sure that businesses are yet hearing the message...


Ground beef suspected in Vermont E. coli cases

Posted on October 11, 2008
Eight people have been diagnosed with food-borne illnesses possibly linked to undercooked ground beef.  Health officials say none of people sickened required hospitalization.  The E. coli bacteria cases were reported in Chittenden and Washington counties and by a visitor who had traveled the state.


Ground beef suspected in Vermont E. coli cases - Toddler in Liberal, Kansas, Tanner Strickland, dies of E. coli; brother still sick

Posted on October 11, 2008
Eight people have been diagnosed with food-borne illnesses possibly linked to undercooked ground beef.  Health officials say none of people sickened required hospitalization.  The E. coli bacteria cases were reported in Chittenden and Washington counties and by a visitor who had traveled the state...


FDA: "Dear Colleague" Letter to the United States Food Manufacturing Industry Regarding Melamine

Posted on October 10, 2008
Better late than never: This letter is intended to ensure that members of the United States food manufacturing industry are aware of the Food and Drug Administration's (FDA's) serious concern about the possibility that foods or food ingredients produced in China and exported to the United States may be contaminated with melamine or its analogues...


Food?Borne Illness Litigation - Advanced Strategies for Assessing, Managing and Defending Claims of Food Contamination

Posted on October 10, 2008
American Conference Institute Thursday, December 4, 2008 to Friday, December 5, 2008 TBC, Phoenix, AZ, United States The CDC estimates put the number of food-borne illness cases annually in the US at a staggering 76 million every year, with 325,000 resulting hospitalizations and 5,000 deaths...


$185 million Loan to back Leveraged Buyout of Earthbound Farms - Sale Price?

Posted on October 09, 2008
Although the financial bailout may hit $1 trillion and the market is kissing 8,000, RBC Capital Markets quietly rolled out a $185 million loan yesterday that backs the leveraged buyout of Earthbound Farm, a San Juan Bautista, Calif.-based organic produce company, by private equity firm Lindsay Goldberg, according to sources...


Outbreak of Listeria monocytogenes Infections Associated with Pasteurized Milk from a Local Dairy --- Massachusetts, 2007

Posted on October 09, 2008
From CDC's MMWR: On November 27, 2007, a local health officer in central Massachusetts contacted the Massachusetts Department of Public Health (MDPH) to report listeriosis in a man aged 87 years. Pulsed-field gel electrophoresis (PFGE) performed on the patient's Listeria monocytogenes isolate produced a pattern indistinguishable from that of isolates from three other cases identified in residents of central Massachusetts in June, October, and early November 2007...


First E. coli Lawsuit Filed Against Aunt Mid's Produce

Posted on October 09, 2008
The first lawsuit stemming from a recent lettuce-borne E. coli outbreak was filed today in the Circuit Court for Ingham County, Michigan against Aunt Mid’s Produce. The petition was filed on behalf of Michigan State University (MSU) student and East Lansing resident Samantha Steffen...


Jimmy John's Gourmet Sandwich Shop Linked to 17 E. coli Cases by Boulder Department of Health - E. coli Recalls Announced in Colorado and Wisconsin

Posted on October 09, 2008
As the Boulder County Health Department continues to count the ill linked to Jimmy Johns, more recalls of E. coli-tainted meat where announced overnight.  Possible Links? Colorado Firm Recalls Frozen Beef Products Due To Possible E. coli Colorado Foods Products, a Greenwood Village, Co...


Jimmy John's Gourmet Sandwich Shop Linked to 17 E. coli Cases by Boulder Department of Health - E. coli Recalls Announced in Colorado, Wisconsin, Florida and Puerto Rico

Posted on October 09, 2008
As the Boulder County Health Department continues to count the ill linked to Jimmy Johns, more recalls of E. coli-tainted meat where announced overnight.  Possible Links? Colorado Firm Recalls Frozen Beef Products Due To Possible E. coli Colorado Foods Products, a Greenwood Village, Co...


China Needs a "Twelve-Step Program" to Deal with its Addictions

Posted on October 08, 2008
News outlets report that the toll of Chinese children ill from toxic milk formula may have nearly doubled since the Health Ministry's last public count.  That number now may be over 94,000 children sickened.  Beijing is now struggling with the political, business and moral fallout from the adulteration of milk with the industrial chemical melamine...


Jimmy John's Gourment Sandwich Shop Shuttered By E. coli

Posted on October 08, 2008
This Jimmy John's Gourmet Sandwich shop on 13th Street has been closed while the Boulder Department of Health investigates an E. coli outbreak.  The exact source of the outbreak is not yet known. Health investigators don’t know if it started with an employee or from food at the restaurant, or a combination of both...


One Lawsuit I Would Not Take

Posted on October 08, 2008
I am sitting at the 3rd International Conference for Food Safety and Quality (I already did my Keynote speech) listening to a microbiologist explain some new bacterial test.  It made me recall that I took a picture of the meal that someone I had dinner with last night: Yes, that is actually Steak Tartare...


Tri-Tips Linked to California E. coli Outbreak

Posted on October 07, 2008
Butte County health officials announced today that leftover frozen tainted tri-tip, that sickened at least 27 people, tested positive for E. coli O157:H7 bacteria.  The bacteria in the meat perfectly matches (by PFGE genetic fingerprint) the bacteria found in stool samples taken from several people who became ill...


So What Does Jimmy Johns, E. coli and a University of Colorado Sorority Have In Common?

Posted on October 06, 2008
We received several calls today from sorority sisters who have been sickened by E. coli O157:H7 at the University of Colorado in Boulder.  Interestingly, the common denominator seems to be Jimmy John’s – just off campus.  Coincidentally, the first inspection since 7/28/06 occurred on 9/28/08 and the report was mailed to Mr...


Off to 2008 HACCP Conference

Posted on October 06, 2008
I provided the 2008 HACCP Conference organizers with my presentation weeks ago, but since then we have seen, more raw milk, red meat and lettuce outbreaks.  We have also seen the China Melamine disaster and an E. coli O111 outbreak that sickened over 300 in Oklahoma...


Aunt Mid's Continues to Deny Lettuce E. coli Victims in Michigan, Ohio, Illinois and Canada

Posted on October 06, 2008
I was reading “The Packer” this afternoon and was in part struck by the article touting Aunt Mid’s plans to begin production after being linked to illnesses in Michigan, Ohio, Illinois and Canada.  However, I was stunned by Dominic Riggio, president of the Detroit-based company, refusal to accept that his company is responsible for nearly two dozen illnesses...


Yet Another Raw Milk Outbreak Report - Campylobacter

Posted on October 06, 2008
Just click on the below and download the entire report:


It is Time for a Great Leap Forward in Chinese Food Safety

Posted on October 06, 2008
OK, perhaps, this is not what Mao was actually thinking when he said: "If we have shortcomings, we are not afraid to have them pointed out and criticized, because we serve the people.  Anyone, no matter who, may point out our shortcomings.  If he is right, we will correct them...


Salmonella I4,12:i:- in Milford Valley Farms Chicken Cordon Bleu Sickens 32 in 12 States

Posted on October 05, 2008
The government is urging consumers to thoroughly cook frozen chicken dinners after 32 people in 12 states were sickened with salmonella food poisoning.  The health warning by the U.S. Department of Agriculture cited frozen dishes in which the chicken is raw, but breaded or pre-browned, giving the appearance of being cooked...


Pros and Cons of Commercial Irradiation of Fresh Iceberg Lettuce and Fresh Spinach: A Literature Review - Part II. Food Safety

Posted on October 04, 2008
Introduction The new FDA rule approves the use of ionizing radiation (also termed irradiation, irradiation pasteurization, cold pasteurization) of fresh iceberg lettuce and fresh spinach for control of foodborne pathogens, and extension of shelf-life...


Aunt Mid's Ships E. coli Lettuce to Canada and Sickens Two

Posted on October 03, 2008
Ontario's top doctor has issued an public alert concerning two E. coli cases thought to be linked to iceberg lettuce distributed in the province.  Dr. David Williams issued the warning in a release Friday night saying two E. coli cases in the Chatham-Kent area are linked to the same strain identified in 38 cases in the U...


Another Raw Milk E. coli Outbreak - This Time Vermont

Posted on October 03, 2008
It is getting harder to keep up with the outbreaks of E. coli O157:H7 linked to raw milk.  Now, a third person has been diagnosed with an E. coli bacteria infection, and Vermont state health officials suspect raw milk was the source.  Patsy Kelso, an epidemiologist for the state Health Department, says raw milk is the only link between the three cases in Orleans County, but that officials can't be sure since they didn't test any of the product...


Salmonella in Milford Valley Farms Chicken Cordon Bleu lead to illnesses in Minnesota - Team Diarrhea Solves the Mystery - Again

Posted on October 03, 2008
Fourteen cases of salmonellosis reported in Minnesota since July have been linked to raw frozen chicken entrees, the Minnesota Department of Health said today.   The products include breaded and pre-browned Chicken Kiev and Chicken Cordon Bleu made by Milford Valley Farms...


Aunt Mid's Produce Should Disclose Supplier of E. coli Tainted Lettuce

Posted on October 03, 2008
At least 40 confirmed cases of the infection with the highly toxic pathogen E. coli O157:H7 have been linked to commercial bagged lettuce distributed by Aunt Mid’s Produce, but the Detroit-based company refuses to name the supplier of the contaminated product...


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