Personal Injury Law

Time For Punitive Damages for Cargill?

Posted on November 13, 2008
In just a year and a half, the American meat industry has experienced a whiplash of beef recalls. 44 million pounds of meat tainted with E. coli O157:H7 has been publicly recalled, up by a staggering factor of over two hundred from the 2006 amount of only 181,900 pounds...

Topps Settles E. coli O157:H7 Illnesses Stemming from 2007 Outbreak

Posted on November 12, 2008
After two days of mediation in New York City, we were able to resolve several cases. However, a number were left unresolved. As readers recall, on August 31, 2007 a consumer complaint was filed with the USDA after a Florida resident fell ill after consuming a hamburger patty produced by Topps Meat Company (“Topps”) on July 12, 2007...

July 2007 Castleberry Botulism Outbreak Settled

Posted on November 12, 2008
Myself, along with Charles Murray, Esq., represented Carl Ours, a man with the tragically bad luck to be one of the eight cases of botulism associated with contaminated Castleberry’s Austex Hot Dog Chili Sauce. As a result of the botulism, Carl spent almost a month in the hospital, with sixteen days of it on a ventilator...

Romaine Lettuce Linked to Canadian E. coli outbreak

Posted on November 12, 2008
According to Canadian press reports, Romaine lettuce is the “prime suspect” in an E. coli outbreak in southwestern Ontario that has sickened at least 26 people, the Canadian Food Inspection Agency said Tuesday. The federal agency and health officials in the Niagara and Halton regions say preliminary tests suggest romaine lettuce is the likely source...

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?????? - Melamine and Infant Formula in China

Posted on November 12, 2008
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Is there a U.S. link to Canadian E. coli outbreaks?

Posted on November 10, 2008
E. coli outbreaks in Halton, Niagara and Waterloo that have sickened hundreds have been linked by DNA tests showing they share the same rare genetic makeup. Public health officials are also investigating whether E. coli cases at the University of Guelph have the same DNA fingerprint...

Recall of Mars Petcare Dry Dog and Cat Food Products Associated with Human Salmonella Schwarzengrund Infections

Posted on November 08, 2008
OK, I know the economy is bad – but bad enough to eat pet food? The CDC reported yesterday that as early as May 16, 2008, it reported on a 2006--2007 multistate outbreak of infection with Salmonella enterica serotype Schwarzengrund that was associated with dry dog food...

Evergreen Colorado E. coli Outbreak Linked To Elk Droppings

Posted on November 07, 2008
Investigators from the Colorado Department of Health reported today that the outbreak of E. coli among eight children in the Evergreen area may be linked to elk droppings.  Specimens obtained from elk droppings in the mountain region have tested positive for the same strain of E...

Chinese Food Products and the Law - A Trial Lawyer in China

Posted on November 06, 2008
Last September I was invited by the Chinese Government to speak at a food safety conference in Beijing. Later that week I found myself sitting in the posh lobby of the Beijing Ritz Carlton chatting with a young Chinese lawyer – a first time visitor to the hotel...

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

Posted on November 03, 2008
Introduction Part I and Part II of this series reviewed the historical background and technology of food irradiation, and the food safety implications relating to FDA’s recent approval of a new rule for use of ionizing irradiation as a processing step in fresh iceberg lettuce and spinach...

20 Sickened by Salmonella at Plainville's Nature's Fare Restaurant in Cicero New York

Posted on October 31, 2008
The Onondaga County Health Department reports that 20 cases of Salmonella, scattered from late August through October 19, have been linked to Plainville's Nature's Fare Restaurant.  Several of those sick were hospitalized.  As of Thursday afternoon, the restaurant shut down, and will stay closed for a week...

Mixed, but Promising, Results in the E. coli Wars

Posted on October 31, 2008
Study shows potential advance in fighting E. coli Researchers have developed a new class of inhibitors that neutralize toxic bacteria produced by E. coli, the cause of most food poisoning outbreaks, according to a new study. The new inhibitor potentially represents an important advance over standard antibiotics, said the study published on Monday in the Proceedings of the National Academy of Sciences (PNAS)...

8 E. coli Cases Reported In Evergreen Colorado Area

Posted on October 31, 2008
Eight children, between the ages of 4 and 12, have tested positive for the same Escherichia coli bacteria but officials don't know the connection.  The children live, or have been, in the Evergreen area but don't attend the same school.  Two of the children remain hospitalized as a result of infections from the potentially deadly bacteria...

E. coli Cases Linked to Petting Zoo (Again) in North Carolina

Posted on October 31, 2008
Cases of confirmed E. coli contamination have authorities looking at a Pitt County petting zoo as a possible source.  The Pitt County Health Department tells WITN News that the petting zoo in question is located at Briley's Farms on Highway 264.  The Beaufort County Health Department says two children infected with E...

E. coli Sickens 2 San Diego Children - Six Sick in Illinois and Iowa

Posted on October 31, 2008
With E. coli illnesses in nearly every state being reported over the last month, it comes as no surprise that California is getting hit again.  Health officials say two San Diego County elementary school children have been sickened by E. coli.  The San Diego County Health and Human Services Agency said Wednesday that the girls, ages 7 and 9, have been hospitalized and are expected to recover...

Settlements Reached in Salmonella Veggie Booty Cases

Posted on October 30, 2008
After a day of mediation, we were able to resolve all 25 of the cases we represented in this litigation.  The mediator, Judge Epistein, did a masterful job getting the parties to resolve these cases.  As you might recall, in May 2007, the Centers for Disease Control and Prevention (CDC) begun a multi-state investigation in response to an increase in laboratory reports, first posted on the PulseNet on April 2, 2007, of Salmonella Wandsworth...

Marler Clark Settles Last of Dole Spinach E. coli Cases

Posted on October 28, 2008
Five days without a blog post.  My friends were worried that I had been either ground into hamburger or appointed Food Czar by McCain in a last ditch effort to corral the maverick vote.  Well, the truth is that I was finalizing the settlement of the last of the seventy-six E...

Illinois E. coli cases Possibly Linked to Iowa Cases - Four Ill and One Death

Posted on October 23, 2008
According to press reports, Hancock County Illinois Health Department learned from the Illinois Department of Public Health that lab results confirmed the existence of the E. coli O157:H7 bacteria in a case reported as "possible" last week. Confirmation of the case brings the tally of E...

Castleberry's 2007 Botulism Recall - A Case Study by The Food Industry Center

Posted on October 22, 2008
The Food Industry Center at the University of Minnesota has published a case study of last year's botulism recall. The Castleberry's: 2007 Botulism Recall publication examines this nationwide recall in a case study that "illustrates the complexity of the food industry...

First E. coli Lawsuit Against Ixtapa Family Mexican Restaurant

Posted on October 22, 2008
The first lawsuit stemming from the Snohomish county E. coli outbreak was filed today in the Superior Court for the State of Washington, County of Snohomish. The lawsuit was filed on behalf of the minor child of Alison and Ray Riojas of Snohomish County, against Ixtapa Family Mexican Restaurant, which has been identified as the source of the outbreak...

Iowa Health Officials Report Third Case of E. coli

Posted on October 21, 2008
Southeast Iowa health officials have confirmed a third case of a virulent type of E. coli in the region.  The latest case involving the bacteria was confirmed Monday by the Des Moines County Health Department. In Lee County last week, health officials confirmed two cases...

Lake Stevens Ixtapa Restaurant is Suspected Source of E. coli Outbreak

Posted on October 21, 2008
A restaurant in Lake Stevens is the likely source of 13 of 17 cases of E. coli, the Snohomish Health District announced today.  The people were likely exposed to the illness at the Ixtapa restaurant, according to health officials who say they interviewed and compared notes from the sick people...

Talk about Voter Fraud

Posted on October 20, 2008
Where is John McCain, Sarah Palin when you need them.  Perhaps I need to call the folks at FOX?  My kids - you know, those little people that we are dumping all our debt on - some $10,000,000,000,000.00 - filled out my ballot and voted for Obama...

U-M student sues Detroit produce firm following bout of E. coli illness

Posted on October 20, 2008
A University of Michigan student has filed a lawsuit against Detroit-based Aunt Mid's Produce in connection with a statewide E. coli outbreak last month.  The lawsuit -- the second against Aunt Mid's since the outbreak -- was filed Monday in Washtenaw County Circuit Court on behalf of a U-M senior who alleges she was sickened in the outbreak, which has been linked to Aunt Mid's...

Snohomish Health District confirms that E. coli cases now at 14

Posted on October 20, 2008
According to the Seattle Times, fourteen unconfirmed cases of E. coli O157:H7 contamination are being investigated by the Snohomish Health District. Suzanne Pate, district spokeswoman, said the district's nurses noted two cases last week and on Friday asked Snohomish County physicians to do further testing if patients came in with bloody diarrhea for at least two days, symptoms of E...

USDA study confirms link between ethanol by-product - distillers grain - and E. coli

Posted on October 19, 2008
Since June of 2007 I have been blogging about the increase in E. coli illnesses and recalls after years of decreases. Those increase have continued well into 2008. It now seems every day there is another outbreak. Colorado, Vermont, Michigan, Iowa have all seen outbreaks in the last few days...

E. coli Outbreak Hits Snohomish County Washington

Posted on October 18, 2008
Sharon Salyer of the Everett Herald Writer reports that the Snohomish Health District is investigating at least six confirmed cases of E. coli O157:H7.   She reported that Dr. Gary Goldbaum, health officer, said Friday evening that while at least six cases have been confirmed, health officials still don't know what caused people to become ill...

E. coli Outbreak Linked to Vermont Slaughterhouse

Posted on October 17, 2008
Contaminated ground beef that sickened at least 10 people in Vermont has been traced to the Vermont Livestock, Slaughter and Processing Co. in Ferrisburgh, the U.S. Department of Agriculture said Thursday. The USDA has recalled more than a ton of ground beef processed at the plant and distributed to restaurants, food services and institutions in Vermont and Plattsburgh, N...

Aunt Mid's, "You Can't Handle the Truth" of this Lettuce E. coli Outbreak

Posted on October 16, 2008
Aunt Mid’s is disputing the findings of the Michigan State Department of Health and has denied that it is the source of the recent outbreak of E. coli O157:H7: “Aunt Mid's is pleased to issue this update of the State of Michigan's test results, which confirms the Company's position that its products were not the source of the E...

Is There an Epidemiological Link Between Aunt Mid's, Jimmy John's and California Lettuce?

Posted on October 16, 2008
When the Michigan State Department of Health announced on September 26th the link between over two dozen E. coli cases with first onset of September 8th, it appeared to be an event isolated to just Michigan with 26 genetically linked cases in eight Michigan counties including seven at Michigan State University (Ingham County), five inmates at the Lenawee County Jail, three students at the University of Michigan (Washtenaw County), four in Macomb County, three each in Wayne, two in Kent counties, and one each in St...

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