Personal Injury Law

Mason Jones E. coli O157:H7 death still causing anguish across the pond

Posted on November 24, 2010
Most of you likely have not followed the story of Mason Jones, who in 2005 at the age of five died of E coli O157:H7 poisoning after eating a school lunch. I have followed it closely, in part because over the last few years, as I have spoken at Food Safety Conferences in Wales and England, Mason's story is everywhere...

Bravo Recalls ALL Cheese - Listeria and E. coli Included

Posted on November 23, 2010
Bravo Farms of Traver in the Central Valley is expanding its previous cheese recall to include ALL Bravo Farms cheese. Bravo Farms had previously issued a recall on its Dutch Style Gouda, and now 'out of concern for any further contamination we have decided to further expand the recall to include all of our cheeses,' the company says late Tuesday...

USDA/FSIS Jumps into Listeria and Cheese

Posted on November 23, 2010
Calabro Cheese, a East Haven, Conn. establishment is recalling approximately 57 pounds of Rotolini, meat and cheese roll appetizer products, that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...

Use a Thermometer over the Holidays

Posted on November 23, 2010
It is good for your health and bad for my business.  If you do not have one, shoot me an email at bmarler@marlerclark.com.

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Domino's Employees Face Criminal Penalties, but Parnell and DeCoster?

Posted on November 22, 2010
We all remember this video: Today I learned that the Domino employees, Kristy Hammonds and Michael Setzer, who made a video of Setzer, 32, putting cheese up his nose before putting it on a sandwich, passing gas on a piece of salami and sneezing on an order of cheese sticks, then hiding the mucus under the cheese before boxing the order...

West Broward High School in Florida Receives $10,000 Food Safety Scholarship

Posted on November 22, 2010
West Broward High School students interested in science have new incentive to pursue higher education today. Marler Clark, the Seattle-based food safety law firm, announced a donation of $10,000 to the newly established Marler Clark – Samantha Safranek Scholarship Fund...

TSA, Thanksgiving and Safe Food - Makes Staying Home Seem Reasonable

Posted on November 21, 2010
I travel alot.  However, I will not be traveling this week, and if I was, I would not be carting the following: Baked goodies: Cakes and pies will be allowed through security checkpoints, although they may be swabbed for explosives, said TSA spokesman Jim Fotenos...

Hepatitis A Vaccination Program Works in Alaska - It is Past Time for the Rest of the Country to Follow Along

Posted on November 21, 2010
I can almost see Alaska from my house. If the rest of the country follows Alaska's lead, I may be down one product line at my law firm.  According to the journal Vaccine, Alaska health officials said the state's hepatitis A vaccination program (a program that we have advocated for several years around the country) has virtually wiped out hepatitis A infections in the state...

Thanks Phil Brasher for explaining the unexplainable in the Senate on Food Safety

Posted on November 20, 2010
I stole the below from Phil Brasher, as he has given the best explanation of the unexplainable. The Senate has put off finishing work on an overhaul of federal food-safety regulations until after the Thanksgiving holidays. However, Senate Democratic leaders have announced a deal on the amendments they're considered...

Cargill E. coli vaccine likely means we won't be spending time together anymore

Posted on November 19, 2010
Over the years, I have had several cases against Cargill Meat Solutions. I think perhaps my last one – Smith v. Cargill – may well be my last.  According to press reports, Cargill Meat Solutions is working to see if a vaccine against E...

Senator Coburn "... we've got the best legal systen in the world."

Posted on November 19, 2010
During yesterday's Senate debate as a reason not to pass S. 510, Senator Coburn said, "We've got the safest food in the world because we've got the best legal system in the world!" Or, another way to say it, "we don't need no stinkin' food safety bill, we got Bill Marler!"  I nearly fainted...

Where Oh Where is S. 510, The Food Safety Bill? Oh Where Oh Where can it be?

Posted on November 19, 2010
Here is a brief outline from a variety of sources on the agreement the Senate seems to have reached - for now – as of late last night now that the Tester Amendment has been folded into the full Bill. Senator Reid filed yet another cloture motion on the bill, and the vote on that motion will be Monday, Nov 29th in the evening...

E. coli O157:H7 and Campylobacter Infections may have long-term impacts on Heart and Kidneys

Posted on November 19, 2010
People from Walkerton Canada who had gastroenteritis after drinking water contaminated with Escherichia coli O157:H7 have a higher long-term risk than other people of developing hypertension, renal impairment and cardiovascular disease, research has shown...

Who put the crazy in the Tea Party and Safe Food?

Posted on November 19, 2010
I know people get worked up over legislation, but the blather coming from the tea baggers (sorry, err, Tea Party) is a bit over the top. Here are my favorite tweets of the week: "You know what's next after food safety? Socialism and shariah law. DEMINT FOR PRESIDENT...

Humane Society takes on Egg Producer Cal-Maine

Posted on November 19, 2010
Consumers were urged to be cautious when eating eggs from caged chickens after The Humane Society of the United States said an undercover investigation exposed deplorable conditions at a Texas egg farm. Cal-Maine issued a written response to the investigation, which reads, in part: "Cal-Maine foods has been a leader in accepting and implementing animal welfare measures...

Tester Amendment to Allow FDA Oversight on Farm Sales to Wholesalers

Posted on November 18, 2010
Progress on fixing the Tester Amendment is making slow progress.  Here is where it is at as a few moments ago.  I am pleased to see that FDA will have oversight over sales between Farmers and Wholesalers.  This is a good thing. Summary of Tester Amendment Senator Jon Tester (D-MT) has sponsored an amendment to the food safety bill (S...

Senator Reid Steps up on Food Safety - Pass the Linda Rivera Food Safety Act Now

Posted on November 18, 2010
Nevada Senator Harry Reid made the following remarks on the Senate floor this morning to urge swift passage of food safety legislation. Below are his remarks as prepared for delivery: 'No one in America should have to worry if their salad or sandwich is going to kill them...

More Cheese Recalled - this time Queso Fresco with Listeria

Posted on November 18, 2010
All 1- or 3-pound packages of Queso Fresco Fresh Cheese, Queso Panela Fresh Cheese, Requeson Mexican Style Ricotta Cheese and Queso Enchilado Dry Cheese distributed by Del Bueno of Grandview, Wash., because they have the potential to be contaminated with Listeria monocytogenes...

S. 510 - It is not over until the fat vegetable sings - vegetables say no to Tester Amendment

Posted on November 18, 2010
OK, I admit it - I watched C-Span today as the Senate muddled through speeches and votes on S. 510 - while at the same time emailing suggested language changes on the Tester Amendment to Senate staffers.  I felt that they had addressed my concerns about sales from farms to wholesalers...

A Day at Marler Clark Inservice Trainings - This Week How FSIS Works

Posted on November 18, 2010
We are doing a series of inservice trainings for the younger lawyers and staff so they have a better understanding of how various parts of Government work on Food Safety.  We have already finished a former CDC/PulseNet person (Dr. Bala Swaminathan) and we still have more to do...

Hepatitis A Outbreak leads to $25,000 Illinois Food Safety Scholarship

Posted on November 18, 2010
Hepatitis outbreak leads to new R.I. scholarship By Nicole Lauer The law firm that assisted Rock Island and Milan residents in the 2009 outbreak of the Hepatitis A virus traced to a Milan McDonald's has donated $25,000 to the Rock Island-Milan Education Foundation...

"Smoking Gun" Gouda Cheese - E. coli O157:H7 Test Links ill in Arizona, California, Colorado, New Mexico and Nevada - CDC Reports

Posted on November 17, 2010
Laboratory testing conducted by the New Mexico Department of Health on an unopened (intact) package of Bravo Farms Dutch Style Gouda Cheese purchased from a Costco retail location has identified E. coli O157:H7 matching the outbreak strain. This is the first confirmation from an unopened cheese sample, and is consistent with previous laboratory testing conducted on two opened packages of the Bravo Farms Dutch Style Gouda Cheese purchased at Costco, which also identified E...

Great quote from Eric Schlosser and Michael Pollan on S 510 - FDA Food Safety Act

Posted on November 16, 2010
"S 510 is the most important food safety legislation in a generation. The Tester amendment will make it even more effective, strengthening food safety rules while protecting small farmers and producers. We both think this is the right thing to do."  Eric Schlosser & Michael Pollan This is from Food Safety News this morning: The National Sustainable Agriculture Coalition (NSAC) and several other sustainable ag groups have been issuing a last round of action alerts to rally support for the Tester amendment...

Off in the morning to teach a Torts class

Posted on November 16, 2010
No, it is not a cooking class - That would be Torte.  Not to be confused with tort, a civil wrong at law. A torte is a cake made primarily with eggs, sugar, and ground nuts instead of flour.  Hopefully, the students in the Torts class already know the difference...

Salmonella Sickens 1.4 Million Americans Yearly - Another Video

Posted on November 16, 2010
Salmonella is a bacterium that causes one of the most common enteric (intestinal) infections in the United States – Salmonellosis. In some states (e.g. Georgia, Maryland), salmonellosis is the most commonly reported cause of enteric disease, and overall it is the second most common bacterial foodborne illness reported (usually slightly less frequent than Campylobacter infection)...

President Obama weighs in on S. 510 - The FDA Food Safety Modernization Act

Posted on November 16, 2010
STATEMENT OF ADMINISTRATION POLICY S. 510 - The FDA Food Safety Modernization Act - (Sen. Durbin, D-Illinois, and 20 cosponsors) The Administration supports Senate passage of the Manager's Amendment in the nature of a substitute to S. 510, the FDA Food Safety Modernization Act...

With 37 sickened by E. coli in Arizona, California, Colorado, New Mexico and Nevada, Bravo Cheese Sued for Third Time

Posted on November 15, 2010
Last Friday the CDC reported that now thirty-seven persons infected with the outbreak strain of E. coli O157:H7 have been reported from five states since mid-October. The number of ill persons identified in each state with this strain is as follows: AZ (19), CA (3), CO (10), NM (3) and NV (2)...

Just in time for Thanksgiving - Texas recalls Turkey Meat due to Listeria

Posted on November 15, 2010
New Braunfels Smokehouse, from New Braunfels, Texas, recalled approximately 2,609 pounds of fully cooked, ready-to-eat smoked turkey breast products due to positive listeria test results in the meat.  The products subject to recall include: • 1-pound packages of 'New Braunfels Smokehouse Sliced Smoked Turkey' with package code '2210' on the label; • 4 to 6 lb...

Bravo Cheese, what do you have to hide?

Posted on November 15, 2010
Why do companies seem so stupid?  Why do they forget that what is uploaded to the internet never really goes away?   Why would a company – especially one that has now been sued three times – think they can delete an entire section of its website that dealt with the raw milk product that has sickened 37 with E...

Attorney Bill Marler on Foodborne Illness and Food Safety Advocacy (Video)

Posted on November 15, 2010
We are slowly uploading a series of videos on what we do here at Marler Clark.  This video is about the legal work I do and the food safety advocacy that has also become a large part of of life.

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