Personal Injury Law

President Obama, perhaps Food Safety Legislation is the way out of the woods on Health Care?

Posted on January 21, 2010
If we can elect this guy Senator to kill Health Care Reform:   Perhaps the President should listen to me on Food Safety Reform and Health Care:   President Obama once said: "There are certain things only a government can do. And one of those things is ensuring that the foods we eat are safe and do not cause us harm...

Beef Products Inc., sues Iowa State University over the disclosure of Ammonia Beef documents

Posted on January 21, 2010
Shortly before the New York Times article, 'Safety of Beef Processing Method Is Questioned,' was published, we sent a request to the Iowa State University and Dr. James S. Dickson PhD, asking for all documents related to research on the ammonia beef products sold by Beef Products Inc...

Nestle had planned to go with Cooked Flour after E. coli Outbreak

Posted on January 19, 2010
Last week within minutes of Nestle's press release announcing E. coli O157:H7 positives in samples of finished cookie dough (that did not leave its plant), I posted 'Nestle to use heat-treated flour – moves to become industry leader in product safety...

FSIS Steps-up to test ammoniated beef products for E. coli O157:H7 - Sometime

Posted on January 18, 2010
According to Meatingplace.com: The USDA's Food Safety and Inspection Service has issued a new directive for inspection program personnel on how to do routine sampling of ammoniated beef products for E. coli O157:H7. The agency did so in the wake of a Dec...

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Another Holiday - Another FSIS E. coli O157:H7 Meat Recall - 432 Tons Today

Posted on January 18, 2010
I need to hand it to the FSIS, I am beginning to loose track how often its recall notices go out on either a Friday night or on a holiday.  They sure have learned to get bad news out when no one is watching.  Kudos to press manipulation 101...

Children Seriously Sick with E. coli in Belgium Wisconsin

Posted on January 18, 2010
According to Fox 6 News in Milwuakee, an investigation is underway in the Village of Belgium in Ozaukee County. They're trying to find out what's making children in one area seriously sick. FOX 6 Reporter Myra Sanchick brings you the latest on an E. coli scare in Ozaukee County:

IF there was an USDA Undersecretary for Food Safety this is what they should be doing

Posted on January 18, 2010
Marler's Baker's Dozen 1. Tattoo on a body part that you use everyday FSIS's Mission Statement: The Food Safety and Inspection Service (FSIS) is the public health agency in the U.S. Department of Agriculture responsible for ensuring that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged...

Is it time to give the Meat Industry the treatment we give the Banking and Auto Industries?

Posted on January 17, 2010
E. coli O157:H7 is blamed for 73,000 illnesses and 61 deaths in the United States annually (not all from red meat). In the last two years, about 44 million pounds of beef has been recalled for E. coli O157:H7 contamination.  Thousands of our friends and neighbors have been sickened and dozens have died...

It is great when you admire your kids

Posted on January 16, 2010
My oldest daughter is a budding photographer.  Here is a story that ran in our local paper this AM - "Photography students giving back to inspirational BHS class" - email me if anyone who attends the show wants a print or two. "Bainbridge High School senior Morgan Marler has organized a photo show at Andante Coffee to highlight the talents of her fellow students and raise money for the class that fostered their work...

Meat Industry - It is in Your Economic Self-Interest to Produce Safe Food

Posted on January 16, 2010
Is 'Made in US' safe? Or, is it a trade war? When I was a kid in the early 60's, I recall that goods stamped 'Made in Japan' meant cheap, and also sub-par in quality and "Made in US" meant the best.  Interesting how that has changed (compare Japanese made cars to those in US for quality and sales)...

It is Time (past time) for the FSIS to deem both Shiga-Toxin E. coli and Antibiotic Resistant Salmonella Adulterants.

Posted on January 15, 2010
As most might know (perhaps from a previous post), the Food Safety and Inspection Service's (FSIS) stated mission renders it 'responsible for ensuring that the nation's commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged...

Tweet me at @bmarler the amount of your donation to the Red Cross for Haiti - I will match up to $10,000

Posted on January 15, 2010
I will match up to $10,000 to the Red Cross for Haiti.  Please tweet me @bmarler the amount of your donation.  On Monday I will send in my match.  See video below:

Contaminated Flour - Something else to worry about?

Posted on January 14, 2010
Yesterday's announcement from Nestle that it had 'informed the FDA [on January 11, 2010] that two samples of Nestle Toll House refrigerated cookie dough … had tested positive for E. coli O157:H7…,' came as both a shock, that sick months after a severe E...

Michael R. Taylor, Named Deputy Commissioner for Foods at FDA

Posted on January 14, 2010
Michael R. Taylor, J.D., was named Deputy Commissioner for Foods at the U.S. Food and Drug Administration, on Jan. 13, 2010. He is the first individual to hold the position, which was created along with a new Office of Foods in August 2009 to elevate the leadership and management of the Foods Program...

2006 E. coli O157:H7 Outbreak Linked to Organic Pastures Raw Milk - One Victims Story

Posted on January 14, 2010
Chris Martin, then age seven, developed an E. coli O157:H7 infection in September 2006 following consumption of raw milk. He was hospitalized beginning on September 8, suffering from severe gastrointestinal symptoms, including bloody diarrhea. Shortly thereafter, he developed hemolytic uremic syndrome (HUS)...

Pollan Does Pullman

Posted on January 14, 2010
I have always had a love/hate relationship with my Alma Mater. I was admitted conditionally (low GPA), but wound up receiving three Bachelor Degrees (Political Science, English and Economics), while at the same time being the first and only student elected to the Pullman City Council...

Off to see Michael Pollan at WSU, but E. coli Outbreaks not far from mind

Posted on January 13, 2010
Sitting at the Seattle Airport waiting for my flight to Pullman (no, that is not the plane), gave me a little time to work on the 2009 JBS meat recall and E. coli outbreak. In early April 2009, health officials from several states began investigating reports of E...

Nestle to use heat-treated flour - moves to become industry leader in product safety

Posted on January 13, 2010
Sometimes when bad things happen, companies do step up. A few minutes ago, Nestle USA's Baking Division announced "it will begin using heat-treated flour in the manufacture of its Nestle Toll House refrigerated cookie dough."  This was in response to recent positive E...

One Year after over 700 sickened and nine deaths caused by PCA Salmonella Peanuts, why has Stewart Parnell not been Prosecuted?

Posted on January 12, 2010
Good question.  I asked some of my clients their thoughts. 'As someone who testified in front of the House subcommittee last February, I saw the emails that Parnell had sent out,' said Lou Tousignant, whose father, Clifford Tousignant, died from eating the tainted product...

More Video about US Attorney's and FDA's failure to Prosecute PCA's Stewart Parnell

Posted on January 12, 2010
You really have to question, if we do not criminally prosecute Stewart Parnell and others responsible for over 700 illnesses and at least nine deaths, when will we?  Why has it not happened?  Where is the outrage?  Why the double standard for corporate executives?  Perhaps they need a bail-out too? 

Food Safety News IPhone App Coming Very Soon

Posted on January 11, 2010
This is going to be great - and Free:

Petition to FSIS 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) - SECOND NOTICE

Posted on January 11, 2010
I know FSIS has been busy the last few months, but it would be nice if I actually received an indication if FSIS was going to act on the Petition I filed October 5, 2009 - one way or another.  Perhaps this letter will prompt a response?

CLASS I RECALL Massachusetts - Adams Farm Slaughterhouse hamburger linked to an E. coli O157:H7 Illness

Posted on January 11, 2010
According to and FSIS press release this evening, Adams Farm Slaughterhouse, LLC., an Athol, Mass., establishment, is recalling approximately 2,574 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...

"Transparency" - It is "time for change" at USDA/FSIS and in the Meat Industry

Posted on January 10, 2010
When the USDA/FSIS and the Beef Industry are taking a hit for a Kansas Columnist, they need wake up and to take a hard look what's on the grill (bad mixed metaphor). Last week I had a long talk with Ric Anderson of the Topeka-Capital Journal for his opinion piece – 'Burger story shows need for more transparency...

"All the Food that's not Fit to Eat" - Pasta Salad Downs 15 at New York Times

Posted on January 09, 2010
Stephanie Gaskell of the New York Daily News reported last week that the 'New York Times cafeteria food may be past its deadline.'  According to the Daily News, '[t]he Health Dept. is investigating cases of possible food poisoning at the New York Times cafeteria...

CBS Poll - Where America Stands on Food Safety - 2,500th Blog Post

Posted on January 09, 2010
For my 2,500th post at Marler Blog, according to an CBS Poll, most Americans are at least somewhat confident that the food they buy to eat is safe, and while only one in four would give the country a grade of D or F on ensuring the safety of the food supply, few would give the country an A either...

Newark Iberia Peninsula Restaurant Sickens Several with Salmonella

Posted on January 08, 2010
According to Newark health officials, Salmonella contamination caused many people to suffer food poisoning at Iberia Peninsula restaurant in the Ironbound section of the city.  Dozens of patrons got sick and a few were even hospitalized after attending parties there around Christmas...

E. coli Outbreak in California, Colorado, Florida, Hawaii, Iowa, Indiana, Kansas, Michigan, Minnesota, Nevada, Ohio, Oklahoma, South Dakota, Tennessee, Utah, and Washington linked to Steaks

Posted on January 07, 2010
Where are the Sick People? According to the CDC (well, actually the Washington Post last week), we know that 21 persons were infected with E. coli O157:H7 in 16 states caused by National Steak and Poultry "mechanically tenderized" steaks. Also, according to the CDC (well, actually efoodalert), the ill persons reside in California (1), Colorado (1), Florida (1), Hawaii (1), Iowa (1), Indiana (1), Kansas (1), Michigan (1), Minnesota (3), Nevada (1), Ohio (2), Oklahoma (1), South Dakota (2), Tennessee (1), Utah (2), and Washington (1)...

Top 100 Trial Lawyers

Posted on January 07, 2010
This plaque just arrived today.  My guess is that my mom is on the selection committee.

Two Reasons to get up early in the Morning

Posted on January 07, 2010
One is the view from my kitchen window: The other is for the email I received from the family of E. coli victim, Linda Rivera: 1-6-2009 @ 9:35pm Linda's condition is amazingly improved. Though still seriously disabled, she actually has a reasonable prospect of a decent rehabilitation and restoration of most normal day-to-day functions...

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