Personal Injury Law

It is Two years past time to test for, and deem adulterants, non-E. coli O157:H7s

By Bill Marler, Esq.

I was reading Kim Archer's story this morning, 'E. coli outbreak's effects remain in Locust Grove,' in the Tulsa World about the largest E. coli O111 outbreak ever. The 2008 outbreak sickened at least 341 people, killed 1 and sent more that 70 to the hospital, many with life-threatening injuries – many still suffer the impacts today. Oklahoma State epidemiologists tracked the bacteria's source to Country Cottage Restaurant, a popular eating and tourist destination in northeastern Oklahoma.

The reality is that this has been horrible on alll those involved.  As I said to Ms. Archer:

About 30 former customers have filed lawsuits against the restaurant, said Seattle attorney William Marler, who specializes in food-borne illness litigation. His firm represents 14 clients who have some $2 million in medical costs, he said.

The lawsuits — including Cynthia Ingle's — have been consolidated into one federal court case.

"We're litigating … over how much (insurance) coverage the restaurant actually has … $3 million or $4 million,' Marler said. "There is no way people can be fairly compensated. It's a horrible tragedy what these people went through.'

If this does not prompt our government to re-think how it deals with Non-O157:H7's Рactually test for them and deem them adulterants РI am not sure whatever will. Perhaps it is time for me to write another letter to the FSIS about the Petition, Petition 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), I filed nearly one year ago.

On a side note, when I read Ms. Archer's story first thing this morning the article also noted that we were doing the case pro bono (for free) and had asked alll the medical insurers to waive reimbursement.  Oddly, that sentence was edited out before I could cut and paste it.

Full post as published by Marler Blog on August 15, 2010 (boomark / email).