Personal Injury Law

2010 was not a good year for Raw Milk and Raw Milk Cheeses, So why are States considering legalization?

Posted on January 24, 2011
The Chart (you can download with links) says it all. Seriously, let's think twice about expanding raw milk availability until, or if, the raw milk proponents take the real risks of raw milk seriously.

CDC Weighs in on Raw Milk Debate

Posted on January 24, 2011
Sitting on a plane heading to the Nation's Capitol for the State of the Union, I was happy to see the CDC weighing in on the raw milk debate.  See, Food Safety and Raw Milk.  The CDC broke down the website into easy to read and understand sections: Raw Milk Questions and Answers Trying to Decide about Raw Milk? I thought the most powerful part was the videos of Real Stories of the Dangers of Raw Milk...

It Is Sometimes Lonely Being a Lawyer

Posted on January 23, 2011
Perhaps it was being at the memorial service (with 500 others) of a friend's mom today that made me reflect on my own 53 years to date. Or, perhaps it was being 'un-linked' on Linkedin a week ago by a federal regulatory official who felt that linking with me 'might send the wrong message' – to whom, I am not quite sure...

Raw Milk to be considered in New Jersey

Posted on January 23, 2011
It does seem that raw milk legislation is on the move.  Whether they all pass is another thing.  Download Bill No. 743.  Losses for the raw milk movemnt have been in California and Wyoming so far this year.  The new battle lines are in Wisconsin and New Jersey...

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Non-E. coli O157:H7 STEC's Considered a Significant Food Safety Threat in U.S. Beef Supply

Posted on January 22, 2011
Prevalence and Characterization of Non-O157 Shiga Toxin Producing Escherichia coli Isolated from Commercial Ground Beef in the United States - Joseph M. Bosilevac and Mohammad Koohmaraie in Appl. Environ. Microbiol. doi:10.1128/AEM.02833-10 Abstract - Escherichia coli O157:H7 is a Shiga toxin (stx) producing E...

Bravo Gouda Cheese E. coli Victim Profiled in Denver Post

Posted on January 21, 2011
Bruce Finley of the Denver Post profiled our client Madisyn Kirby who was sickened in the E. coli outbreak linked to Bravo Farms Gouda cheese sold at Costco. Three months after she sampled Gouda cheese at a Costco and got sick, a Colorado teenager and her family have bolstered their defenses...

The Reportable Food Registry First Annual Report: September 8, 2009 - September 7, 2010 - A Governmental Success Story

Posted on January 21, 2011
The first annual Reportable Food Registry Report shows that, as Congress intended, the RFR can help FDA track patterns of food and feed adulteration and target FDA's inspection resources to identify adulterated food/feed and prevent foodborne illnesses...

On a day that Wyoming Kills Herdshares, Oregon Quietly Introduces Raw Milk Legislation

Posted on January 21, 2011
Joshua Wolfson of the Star-Tribune wrote today that the House Agriculture Committee defeated the bill that would have legalized some sales of raw milk in Wyoming by a 6-3 vote. Two days earlier, the same committee killed legislation that would have removed government oversight of home-produced foods sold directly to customers...

Thanks to Marler Clark clients who worked to help pass Food Safety Legislation

Posted on January 20, 2011
As I head to Washington D.C. next week to follow-up on funding the new Food Safety Bill, I want to thank both those who have made the trip to D.C., but also recognize all those who have been sickened.  (Download)

Why I still feel my job is important

Posted on January 20, 2011
I was asked by a reporter yesterday why I work as hard as I do and seem to spend so much time in airplanes and airports. Here are just a couple of reasons, and a couple of clients: In 2007, a 19-year-old dancer, Stephanie Smith, sickened by E. coli-tainted hamburger, was left brain damaged and paralyzed and with $2,500,000 in medical bills...

Another Salmonella Lawsuit filed in a Sprouts Outbreak

Posted on January 20, 2011
With hundreds sickened nationwide in at least two Salmonella Sprouts Outbreaks, there is little suprise that yet another lawsuit is filed.

FDA Lowers the Net on Portland Shellfish Due to Listeria

Posted on January 20, 2011
The U.S. Food and Drug Administration announced today that the Portland Shellfish Co., Inc.; Jeffrey D. Holden, company president; Satyavan Singh, quality manager; and John A. Maloney, general manager, have signed a consent decree prohibiting them from distributing seafood in interstate commerce until the FDA has approved in writing the company's Hazard Analysis and Critical Control Point (HACCP) plans, sanitation program and Listeria monocytogenes (L...

CSPI Report Card for State Detection, Investigation and Reporting on Foodborne Outbreaks

Posted on January 19, 2011
The Center for Science in the Public Interest (CSPI), released today a nationwide report card grading the 50 states and the District of Columbia on how well they detect, investigate, and report outbreaks of foodborne illness. The report shows that there is some room for improvement...

Have we seen the last of the Spinach E. coli cases?

Posted on January 19, 2011
Yesterday, the Packer online newspaper reported on yet another settlement in the 2006 Dole Spinach E. coli case.  I had a chance to talk with the reporter on the scope of the outbreak and, what appears to be, the end of the litigation: 'My understanding is that there are no more lawsuits out there,' he said...

United Food Group Recalls 7,875 pounds of Angus Beef Patties Due to Listeria

Posted on January 18, 2011
United Food Group, LLC, a California business, is recalling approximately 7,875 pounds of ready-to-eat Angus Beef patties that may be contaminated with Listeria monocytogenes. The products subject to recall include 22.5-pound cases of 'FULLY COOKED BLACK ANGUS GROUND BEEF STEAK PATTIES,' with each case containing 75 individual 4...

Is it time to treat sprouts like raw milk?

Posted on January 15, 2011
Raw milk is banned from interstate sale and is limited in many others because of the risk of foodborne illness. Yet, sprouts, which have been causing a number of outbreaks recently, and over the decades, can be sold and bought whenever and wherever. Bruce Blythe of the Packer exploded this in his article a few hours ago – 'Sproutbreak: Concerns mount over sandwich, salad topping...

Michael Hartmann, "Raw Milk Poster Boy," linked to E. coli, Campylobacter and Cryptosporidium Illnesses, now faces contempt of court

Posted on January 15, 2011
The Star Tribune reported yesterday that the 'state says condemned raw milk is missing from Gibbon farm,' and is now seeking an order of contempt. For those who recall, raw milk produced by Hartmann was blamed for causing eight cases of E. coli O157:H7 in May, and seven instances in July and August of Campylobacter and Cryptosporidium...

What to do after the Tucson Shootings?

Posted on January 14, 2011
I donated $5,000 to Miriam's Kitchen in D.C. on behalf of those killed and wounded in Tucson and their families - http://miriamskitchen.org/. I did it because I can not help thinking of how many times one of my three daughters attended a political event to participate in our democracy...

Joe Marler - England Rugby Prop - I wonder if we are relations?

Posted on January 14, 2011
Seems we have some similar interests:

FDA Environmental Assessment of 2010 E. coli O145 Freshway Lettuce Outbreak Linked to Unnamed Arizona Farm

Posted on January 14, 2011
This Environmental Assessment was conducted in response to a multi-state foodborne disease outbreak CDC investigation involving 33 cases of E. coli O145 infection in five states in the spring of 2010. An epidemiologic investigation found that the illnesses were associated with the consumption of shredded romaine lettuce processed at one firm (Freshway) in Ohio...

FDA and CDC - 125 sickened by Salmonella serotype I 4,[5],12:i:- Tainted Sprouts but Grower Disputes Findings

Posted on January 14, 2011
According to reports from the FDA and CDC: • From November 1, 2010, through January 11, 2011, 125 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:-, whose illnesses began since November 1, have been reported from 22 states and the District of Columbia...

MS Fish Co., Issues Listeria Alert for Ossie's Schmalts Herring

Posted on January 13, 2011
MS FISH CORP 808 ALABAMA AVE, BROOKLYN, NY 11207 is recalling Ossie's Schmaltz Herring due to Listeria monocytogenes contamination. Listeria monocytogenes is an organism which can cause serious and sometimes fatal infections in young children, frail, or elderly people and others with weakened immune systems...

FDA Cracks down on Mystical One Juice for failing to have a HACCP Plan

Posted on January 13, 2011
At the request of the U.S. Food and Drug Administration, the U.S. Department of Justice today filed a complaint for permanent injunction against a Jamaica, N.Y.-based beverage company to prevent it from processing and distributing juice and other products...

Parnell hopes to move on, but what about the nine dead and the 700 sickened?

Posted on January 12, 2011
Bryan Gentry of the Lynchburg News and Advance stepped back into the Peanut Corporation of America Salmonella outbreak now coming up on the two-year anniversary of the announcement of the outbreak that sickened over 700 and killed nine with his article - "Parnell hopes to move on after Peanut Corp...

Is it time for Sprout Seeders and Growers to stop the E. coli and Salmonella Madness?

Posted on January 12, 2011
I seem to be constantly updating this chart as more and more outbreaks and illnesses are reported. Year Type Pathogen Cases 1990 Alfalfa S. Anatum 15 1995 Alfalfa S. Stanley 128 1995 Alfalfa S. Newport 133 1995 Alfalfa S...

Humboldt County keeps raw milk sales ban

Posted on January 12, 2011
Donna Tam of Times-Standard reported today on the Humboldt County Board of Supervisors decision to unanimously maintain the status quo of Humboldt's ban on raw milk sales. According to documents presented by the Department of Health and Human Services, 10 raw dairy outbreaks with 138 illnesses and one pasteurized dairy outbreak with 23 illnesses were reported in 2010 (See, Outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy products, United States, 2010 - through December 18, 2010)...

Sprouter's Northwest hit with Salmonella Lawsuit over Clover Sprouts

Posted on January 11, 2011
We filed this Complaint in Kitsap County Superior Court this morning:

Jimmy John's switches from Alfalfa Sprouts to Clover Sprouts - Why?

Posted on January 11, 2011
According to one of my favorite online Ag magazines – The Packer - In response to a December outbreak of salmonella in the Midwest, Jimmy John's Gourmet Sandwiches is dropping alfalfa sprouts from its menu in favor of clover sprouts — despite clover sprouts being the focus of another recall of sprouts at one of the restaurants in Oregon...

Godstone Farm Petting Zoo in England Admits Liability in E. coli Outbreak

Posted on January 11, 2011
I have been following Fair and Petting Zoo Outbreaks for several years - http://www.fair-safety.com/ - so it really came as no surprise that Godstone Farm Petting Zoo admitted liability.  Last time I was in London I had a chance to meet with counsel for the injured children, and it seemed quite clear that the petting zoo's liability was clear...

La Placita Botanas Mexicanas Wheat Snacks with Chile, Potato Chips with Chile, and Corn Churritos with Chile Recalled Due to Salmonella

Posted on January 10, 2011
La Placita Botanas Mexicanas, Inc. of South El Monte, California announced it was recalling its Wheat Snacks with Chile, Potato Chips with Chile, and Corn Churritos with Chile after samples of bulk ingredients revealed evidence of contamination.  The problem was discovered during an inspection of the manufacturing plant by the U...

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