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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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Food Safety Seafood Speech in Seattle

Posted on March 07, 2010
This week I get to stick close to home.  I have a Food Safety Speech at the Seafood Products Association Meeting in Seattle on Tuesday and then a quick trip to Washington State University on Wednesday and Thursday.  Here is the final draft of my slides for the Seafood folks:


Shigella Foodpoisoning Outbreak at an Illinois Subway - Shigella has a long history of Foodborne Illnesses

Posted on March 07, 2010
Shigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as 'bacillary dysentery.' Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms...


Lombard Illinois Subway Shigella Illnesses on Rise

Posted on March 06, 2010
According to local press reports, the DuPage County Health Department is staffing its call center throughout the weekend to keep tabs on the rising number of gastrointestinal illnesses being reported from a Subway restaurant in Lombard. Four more cases of shigellosis were confirmed Friday, bringing the total number of confirmed cases caused by the outbreak at the restaurant to 12, health department spokesman Dave Hass said...


Queso Fresco Seized at Border - Is Raw Milk Cheese with Listeria that Good?

Posted on March 06, 2010
U. S. Customs and Border Protection announced Friday that officials seized 107 pounds of "queso fresco," which is soft Mexican cheese. The illegal cheese was hidden in false compartments of a vehicle trying to enter the United States across the Bridge of the Americas on Wednesday...


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FDA Update on the Investigation into the Salmonella Montevideo Outbreak

Posted on March 05, 2010
As part of the Salmonella Montevideo investigation, the Food and Drug Administration has been actively investigating the supply chain of black and red pepper supplied to Daniele International Inc., Pascoag, R.I. The Centers for Disease Control and Prevention reports that 245 people have been infected with a matching strain of Salmonella Montevideo in at least 44 states and the District of Columbia...


Marler Clark Clients, Elizabeth and Ashley Armstrong, Profiled on CNN

Posted on March 05, 2010
Elizabeth Armstrong and her 5-year-old daughter Ashley put a face on the 76,000,000 American's who become sick by food each year at a cost of over $152,000,000,000.


Did the FDA Reportable Food Registry Start the Hydrolyzed Vegetable Protein Salmonella Tennessee Recall?

Posted on March 04, 2010
Although some say that government does not work - perhaps there are parts that do?  Did the FDA Reportable Food Registry work as it was supposed to and start the hydrolyzed vegetable protein Salmonella Tennessee recall?  The reality is that according to the FDA: [t]he manufacturer of the affected product is Basic Food Flavors Inc in Las Vegas, Nevada...



FDA - Salmonella Tennessee Identified in a Processed Food Ingredient

Posted on March 04, 2010
According to an FDA press release, the FDA is taking steps to protect the public following the early identification of Salmonella Tennessee in one company's supply of hydrolyzed vegetable protein (HVP). This is a common ingredient used most frequently as a flavor enhancer in many processed foods, including soups, sauces, chilis, stews, hot dogs, gravies, seasoned snack foods, dips and dressings...


Kinikin Corner Dairy Campylobacter Outbreak Report Issued

Posted on March 04, 2010
In reading the report (which you can download below), I was struck by this one passage: The dairy operator was found to be knowledgeable of sanitary standards and testing methods. However, sanitary measures such as having hand washing stations, the use of bleach for sanitizing bottles, proper dishwashing water temperatures, and monitoring of transport temperatures were not implemented...


They say Salame, I say Salami, either way it should not have Salmonella Black Pepper

Posted on March 04, 2010
The CDC reports now a total of 245 individuals infected with the outbreak 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 (2), AL (2), AZ (7), CA (30), CO (5), CT (5), DC (1), DE (3), FL (3), GA (3), IA (1), ID (4), IL (19), IN (4), KS (5), LA (1), MA (14), MD (1), ME (1), MI (4), MN (6), MO (2), MS (1), NC (11), ND (1), NE (3), NH (2), NJ (9), 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)...


Peanut Corporation of America Salmonella Client, David Krieger Profiled in USA Today

Posted on March 03, 2010
Elizabeth Weise of USA Today again shows how the Nation's Paper does a great job of covering Food Safety issues. According to her story this morning, 'Food-borne illnesses cost the United States $152 billion a year, a tab that works out to an average cost of $1,850 each time someone gets sick from food, a report by a former Food and Drug Administration economist says...


More from the Food Safety Project - Co-managing for Food Safety and Ecological Health in the California's Central Region

Posted on March 03, 2010
We should all be thankful for the hard work from the folks over at the Food Safety Project.  Here is a well-done piece on how to produce safe food while not ruining the environment at the same time: Abstract The safety of fresh produce persists as a pressing national issue...


Foodborne Illness in America - A Cost of $152 Billion Yearly

Posted on March 03, 2010
A few months ago I posted, 'The only thing the President missed tonight in the Health Care Speech - Real Health Care Reform Requires Safe Food,' where I argued that fixing the problem of safe food in our country would lead to lower medical costs. Well, it seems that I was about $152 Billion - that is Billion - correct...


Randolph Packing Co. Recalls 96,000 Pounds of Meat Due to E. coli O157:H7

Posted on March 02, 2010
FSIS CLASS I RECALL Randolph Packing Co. Inc., an Asheboro, N.C. establishment, is recalling approximately 96,000 pounds of 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 today...


Pepper Salmonella Death in California Leads to Lawsuit

Posted on March 01, 2010
A Salmonella lawsuit was filed Thursday on behalf of the family of a San Leandro woman who died from a Salmonella infection contracted from tainted pepper. The lawsuit was filed against U. F. Union International Food, which produced the spices as well as against the companies that sold and distributed them...


Alamosa Colorado Sued for Salmonella Drinking Water that Sickened Hundreds and Killed One

Posted on March 01, 2010
Despite a Colorado state report that faulted the city of Alamosa for ignoring the deteriorating condition of its water tank years before a Salmonella outbreak sickened over 400 and killed one resident, the city refused to resolve claims of its citizens...


The Rolling Recall has Begun - Heartland Foods, Inc. Voluntarily Recalls Coarse Ground Black Pepper Because of Salmonella

Posted on March 01, 2010
Heartland Foods, Inc. of Indianapolis is voluntarily recalling all sizes/containers of COARSE GROUND BLACK PEPPER shipped from their facility at 6815 E. 34th Street, Indianapolis IN. Potential distribution took place on or after October 19th, 2009 to February 17th, 2010...


The House and Senate, and their families, should give up health insurance and live like the 30,000,000 American's without it

Posted on February 28, 2010
If you did not have health insurance, wouldn't you try to figure out a way to get it? Wouldn't you try to figure out how to fix medicare and medicaid costs long-term? Perhaps the House and Senate should live without insurance for a while? Perhaps then they would do something...


Huntington E. coli and Daniele Salmonella Retail Distribution List

Posted on February 27, 2010
Here is a really good thing the FSIS has been doing over the last year - listing where recalled products really went.  Click on links below to follow the trail of Huntington E. coli Beef and Daniele Salmonella Salami products: HUNTINGTON RETAIL CONSIGNEES LIST FOR FSIS RECALL 004-2010 DANIELE RETAIL CONSIGNEES LIST FOR FSIS RECALL 006-2010


Johnny's Fine Foods Recalls Johnny's French Dip Powdered Au Jus and American Pecan Co. Recalls Pecans Because of Salmonella

Posted on February 27, 2010
Johnny's Fine Foods of Tacoma, Wash., Johnny's Fine Foods is recalling French Dip Powdered Au Jus in 6 oz. bottles and French Dip Powdered Au Jus in 1.1 oz. foil packets, because it has the potential to be contaminated with Salmonella. Johnny's French Dip Powdered Au Jus is distributed nationwide and is sold in retail stores...


$12 Million to be divided between 123 Peanut Corporation of America Victims Within the Next Week

Posted on February 27, 2010
Bryan Gentry of the Lynchburg News & Advance covered a recent hearing of the Bankruptcy Court overseeing the Peanut Corporation of America (PCA) bankruptcy. Mr. Gentry noted that '[m]ore than a year after a nationwide salmonella outbreak, victims and surviving relatives have not received any money in insurance policies held by [PCA] that a bankruptcy court judge said they should share...


Food Safety News Turns Six - Months

Posted on February 25, 2010
Food Safety News (FSN) has been up and running for six months now.  I am very proud of our DC, Denver and Seattle offices.  We have also grown from three full time people to four, plus several interns and freelance writers spread across the country...


242 Salmonella Senftenberg and Salmonella Montevideo Illnesses Linked to Daniele International Black and Red Pepper Salami

Posted on February 25, 2010
According to the CDC, 238 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...


Rotten Tomatoes? What do They Really Tell Us About the Safety of Our Food?

Posted on February 25, 2010
In reading the February 20th Food Safety News story, 'Ten Years of Bribery and Bad Tomatoes' and today's New York Times story, 'Bribes Let Tomato Vendor Sell Tainted Food,' (thanks for pic) I was struck by the thought that the safety of our food ultimately rests on the belief – albeit and apparently mistaken - that the folks selling us food would never sell it to us if it was full of moldy tomatoes or full of Salmonella, E...


Beta Testers Needed for Foodborne Illness Outbreak Database

Posted on February 22, 2010
Marler Clark is set to sponsor the Foodborne Illness Outbreak Database, a resource that provides access to over 600 food poisoning outbreaks in one easy to search place. The database accesses information on outbreaks dating back to 1993. We would love your input on how the database functions and any other edits you might have...


Petition Number 09-03: Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of E. coli, including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) - The Saga Continues

Posted on February 22, 2010
Good News, FSIS is paying attention, as is the industry, or at least its minions.  I would not vote against FSIS doing right by the consuming public (click on below to download letter and attachments):


GMA - Grocery Manufacturers Association Speech in Austin Texas

Posted on February 21, 2010
I have the honor to co-present with defense counsel, Alan M Maxwell, at this week's GMA Litigation Conference in Austin, Texas - (click on image below) - I am also going to hand out Food Safety News thermometers.


Queseria Bendita Recalls Queso Fresco, Panela, and Requeson Because of Listeria Illnesses in Washinton and Oregon

Posted on February 21, 2010
According to an FDA Press Release, Queseria Bendita of Yakima, Wash., is recalling three types of cheese, Queso Fresco, Panela, and Requeson, because they have the potential to be contaminated with Listeria monocytogenes, an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems...


Rep. John Dingell Calls out "Slow to Act" Senate on Food Safety Legislation

Posted on February 21, 2010
The Hill's, J. Taylor Rushing caught Rep. John Dingell (D-Mich.), the longest serving member of the House and author of the lower chamber's food safety bill, calling out the Senate as being 'slow to act' on the bipartisan bill that passed the House. Dingell's bill passed the House last July on a 283-142 vote...


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