Personal Injury Law

Washington State Day Care linked to E. coli O157:H7 Death and Illnesses

Posted on April 09, 2010
I just landed a few hours ago from being in "the other Washington."  It was hard to see news of yet another E. coli O157:H7 outbreak that has taken the life of a child.  According to press reports, a Clark County day care was closed after an outbreak of E...

Teaching - "Why it is a bad idea to poison your customers"

Posted on April 09, 2010
I landed a few hours ago from DC, and will be turning around on Monday AM to head back - rumor has it that S. 510 might actually move - I do not want to miss it.  On the way, I'll detour through Minneapolis to give a series of lectures of Foodborne Illness Litigation, or as I like to tell future business folks - "Why it is a bad idea to poison your customers...

North American Bison Co-Op Recalls Cow Tonsils Due to Mad Cow Risk

Posted on April 06, 2010
North American Bison Co-Op, a New Rockford, N.D., establishment is recalling approximately 25,000 pounds of whole beef heads containing tongues that may not have had the tonsils completely removed, which is not compliant with regulations that require the removal of tonsils from cattle of all ages, the U...

Off to DC this Week - Grocery Manufacturers Association Litigation Conference

Posted on April 05, 2010
I always enjoy going to DC (always the wannabe politician) – especially in the Spring (cherry blossoms) and when Congress is on recess. I am also looking forward to speaking at the Grocery Manufacturers Association Litigation Conference on April 7 and 8, 2010 in Washington DC...

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Celebrate National Public Health Week (April 5 - 11, 2010) by Passing S. 510

Posted on April 05, 2010
The American Public Health Association celebrates National Public Health Week this coming week. The association wants to create 'a place where everyone has access to health care and services, where we're celebrated for embracing healthy lifestyles, and our communities and neighborhoods make it easy for us to make healthy choices...

Whole Foods Market Recalls Tuna Due to Scombroid Food Poisoning

Posted on April 05, 2010
Whole Foods Market announced the recall of its Whole Catch Yellow fin Tuna Steaks (frozen) with a best by date of Dec 5th, 2010 because of possible elevated levels of histamine that may result in symptoms that generally appear within minutes to an hour after eating the affected fish...

About-E. coli, About-Campylobacter, About-Hepatitis and About-Salmonella updated with client stories

Posted on April 05, 2010
We have been working on updating www.about-ecoli.com, www.about-campylobacter.com, www.about-hepatitis.com and www.about-salmonella.com and have finally finished the upgrades.  In addition to updating the content to reflect the newest information on the "bugs," we added a new section called "One Family's Story," so readers can get a better understanding of the impacts of foodborne illness...

William Marler to Receive the 2010 NSF Food Safety Leadership Award for Education

Posted on April 05, 2010
I will be in Washington DC both this week and next. Next week I will be at the Food Safety Summit receiving the 2010 NSF Food Safety Leadership Award for Education. NSF has worked for over 65 years to assure food safety, quality, and consistency. The NSF Food Safety Leadership Award was created to recognize those leaders in foodservice who have made a real and lasting impact on the foodservice industry...

Daniele Inc., Wholesome Spice and Mincing Spice Linked to 252 Salmonella Montevideo Outbreak

Posted on April 04, 2010
The CDC reports 252 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related pulsed-field gel electrophoresis (PFGE) patterns, have been reported from 44 states and District of Columbia since July 1, 2009...

Hemolytic Uremic Syndrome (HUS) Information Updated

Posted on April 04, 2010
We have been in the process of updating all of our bacterial, viral and foodborne illness informational websites (our 'about' sites).  Click below: Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E...

Des Moines Register notices Foodborne Illness Outbreak Database

Posted on April 02, 2010
Phil Brasher, dean of food and agriculture reporters, gave our new foodborne illness outbreak database a nice 'shout-out:' The nation's top private food regulators, otherwise known as the Marler Clark law firm out of Seattle, are putting together a database for tracking food-borne illness...

Smith v. Cargill E. coli Complaint listed as an example in Minnesota Federal Rules of the Court

Posted on April 02, 2010
For those with access to Minnesota Rules of Court:  Key Rules - Volume IIA - Federal - 2010, you will find a copy of the Complaint beginning on page 538 - 542.  Good to be used as an example.

Petition Number 09-03: 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 April 01, 2010

Honolulu Peppa's Korean BBQ closed due to E. coli O157:H7 by Hawaii Health Department

Posted on April 01, 2010
Hawaii Health officials said today that Peppa's Korean BBQ on South King Street in Honolulu agreed to remain closed until it completes corrective actions that meet department requirements. In the meantime, extensive sanitation measures are being taken...

Foodborne Illness Outbreak Database is Nearing Completion

Posted on April 01, 2010
We nearly have all the "bugs" worked out.  Please take the time to play with it and shoot me an email (bmarler@marlerclark.com) with your comments.  Click on below to get there - site is www.outbreakdatabase.com.

Guillain-Barré syndrome (GBS) and Reactive Arthritis (Reiter's Syndrome) Sites Updated

Posted on April 01, 2010
Reactive Arthritis refers to a group of arthritic diseases that includes a subset formally know as 'Reiter's Syndrome' The old term Reiter's syndrome has fallen into disfavor. In recent medical literature Reiter's Syndrome is simply referred to as Reactive Arthritis which may or may not be accompanied by extraintestinal manifestations...

Campylobacter-tainted Raw Milk Linked to 17 Illnesses in Michigan, Indiana and Illinois

Posted on March 30, 2010
Rosemary Parker, a.k.a "raw milk lady," of the Kalamazoo Gazette reported today on the expanding raw milk outbreak.  According to Rosemary, an outbreak of bacteria that causes diarrhea and fever has spread to three states and is linked to raw milk from the same dairy, according to state officials...

When Food Safety and Health Care Come Together - Thank You Senator Harry Reid

Posted on March 30, 2010
A lot of my blog followers and subscribers have been following the story of Linda Rivera and her fight against the E. coli O157:H7 bacteria.  As you might recall, Linda has been hospitalized since May 2, 2009 - yes, almost 11 months.  She has suffered kidney and liver failure...

Parent Food Safety Guide for Hepatitis A

Posted on March 30, 2010
Hepatitis A is the only common vaccine-preventable foodborne disease in the United States (Fiore, 2004). It is one of five human hepatitis viruses that primarily infect the human liver and cause human illness. Unlike hepatitis B and C, hepatitis A doesn't develop into chronic hepatitis or cirrhosis, which are both potentially fatal conditions; however, infection with the hepatitis A virus (HAV) can still lead to acute liver failure and death...

Smith vs Cargill E. coli Trial 2010

Posted on March 29, 2010
Saint Cloud Times last week reported: A Cold Spring woman who nearly died after getting E. coli from a tainted hamburger is asking for more than $56 million in her lawsuit against Cargill. Stephanie Smith, 23, was left paralyzed from the waist down and with extensive, long-term injuries that one day will require a kidney transplant...

Marler Clark Foodborne Illnesses Site Updated

Posted on March 29, 2010
A "one stop shop" for all foodborne illnesses and food poisoning bacteria and viruses.

Now that the Senate has passed Health Care it is time to take up the FDA Food Safety Modernization Act - S 510

Posted on March 29, 2010
FDA Food Safety Modernization Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including by authorizing the Secretary to suspend the registration of a food facility...

Chicks and Ducks can carry Salmonella

Posted on March 28, 2010
Though they are cute and soft and associated with the arrival of spring, baby chicks or ducklings can carry harmful salmonella bacteria, health officials warn. 'We strongly discourage giving chicks or ducklings as gifts,' said Dr. Alan Melnick, Clark County health officer...

Foodborne Illness Outbreak Database to Launch Soon

Posted on March 27, 2010
The Foodborne Illness Outbreak Database should be up and running fully in the next few weeks.  We still have a few "bug" to work out.  Click on the image below and search for your favorite outbreak or vector.  Please feel free to send me comments...

Marler quote of the week - Consumer Recall Notification Act

Posted on March 27, 2010
Had an opportunity to speak with Tom Lutey of the Billings Gazette this week between traveling in Iowa, South Dakota and Nebraska about recalls and how government and industry could do better. The discussion comes on the heals of the HVP recall: • The FDA Web site, www...

Weston A Price Foundation - "We just don't see that (raw milk illnesses) as an issue."

Posted on March 27, 2010
Doug Powell, master of the 'Barf Blog,' posted on the ongoing 'discussion' happening in Wisconsin surrounding raw milk. "We just don't see that as an issue.' That's what Kathy Kramer, a so-called nutritionist and office manager at the Weston A. Price Foundation in Washington, D...

Lombard Subway Shigella Outbreak Hits 116 - Expected to Rise - Lawsuits to Follow

Posted on March 27, 2010
The number of affected people continues to grow as more come forward to report shigella infections after eating at a Lombard Subway restaurant. Dave Hass of the DuPage County Health Department said there are currently 116 confirmed shigella cases linked to the Subway restaurant as of today...

Thank you President Obama and Senate and House Democrats - Health Care Bill will be important to my clients

Posted on March 22, 2010
For all my clients who suffered severe illness due to food poisoning, like Hemolytic Uremic Syndrome, Guillain-Barre Syndrome or Reiter's Syndrome, Thank you President Obama and Senate and House Democrats for passing a comprehensive Health Care Bill.  My clients facing being dropped from insurance coverage, being excluded for pre-existing medical conditions or facing a life time cap on medical coverage, will sleep better tonight...

Seattle Times - "Is raw, unpasteurized milk safe?"

Posted on March 21, 2010
And, I do not even get quoted in "Is raw, unpasteurized milk safe?"  The pictures are worth a few millions of words: Interesting article on raw milk risks, politics and emotions.

Over one year after sickening over 700 and killing 9, Stewart Parnell still has not faced justice

Posted on March 20, 2010
Here is a three part series by ABC Channel 13:  

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