June 2005

In an article in Ontario Farmer, Jim Romahn wrote about my recent talk at University of Guelph about foodborne illness litigation:

U.S. lawyer Bill Marler of Seattle, Wash. Was cited as telling an audience at the University of Guelph recently that medicare has spared Canadian food companies from multi-million-dollar lawsuits when their products poison consumers.
Marler was further cited as saying that Canadian lawyers might file class-action lawsuits, but there won’t be much money for the victims.
There have, however, been Canadian food poisonings every bit as spectacular as the U.S. cases. The largest in Canadian history involved lunchmate products from Schneider Corp.; there is an ongoing lawsuit between Schneiders and cheese supplier Parmalat.
Marler talked about the lack of legal action in Canada in response to a question about the recent food poisonings of dozens of people who ate at a cafeteria at the Royal Botanical Gardens in Hamilton.

Continue Reading Canadian food companies escape food poisoning litigation; because of Medicare, lawyer says suits are not lucrative enough to attract lawyers

Marler Clark has filed a second lawsuit against Gate Gourmet, the airline caterer responsible for an August, 2004 Shigella outbreak among passengers on outbound flights departing from Honolulu Airport. The complaint, which was filed Wednesday in United States District Court for the District of Hawaii (Case number CV05-00401 ACK LEK), was filed on behalf of seven more victims of the outbreak.
According to the Hawaii Department of Health, travelers aboard flights departing Honolulu for destinations in Japan, Australia, American Samoa, and twenty-two U.S. states became ill with a genetically indistinguishable strain of Shigella. The first complaint filed by Marler Clark was on behalf of a Florida resident, while the amended complaint includes plaintiffs from Michigan, Maryland, California, South Dakota, and Washington State. All plaintiffs were aboard one of three flights that departed Honolulu for the US mainland on August 22 or 23, 2004.

Continue Reading More plaintiffs seek punitive damages in lawsuit against airline caterer

According to a recent article written by the Associated Press, The Food and Drug Administration had promised in January 2004 to close loopholes in a ban on putting cattle remains in cattle feed. However, according to the article, the loopholes seem to remain:

  • Ground-up cattle remains can be fed to chicken, and chicken litter is fed back to cattle. Poultry feed that spills from cages mixes with chicken waste on the ground, then is swept up for use in cattle feed.
  • Cattle blood can be fed to cattle and often comes in the form of milk replacement for calves.
  • Restaurant leftovers, called “plate waste,” are allowed in cattle feed.
  • Factories are not required to use separate production lines and equipment for feed that contains cattle remains and feed that does not, creating the risk that cattle remains could accidentally go into cattle feed.
  • Besides being fed to poultry, cattle protein is allowed in feed for pigs and household pets, creating the possibility it could mistakenly be fed to cattle.
  • Unfiltered tallow, or fat, is allowed in cattle feed, yet it has protein impurities that could be a source of mad cow disease.

One would think tough enforcement is in order on the feeding of animal parts to other animals that are eventually consumed by humans. This should be a “no brainer.”

Continue Reading What to do about the “Mad Cow”

The Associated Press did an interesting article on a Montana man named John Munsell who wants out of the meat processing business and is trying to sell the meat processing plant his father started decades ago. All of this comes after the ConAgra recall and the USDA’s claims that his plant’s food protection efforts are lax.
From the article:

In early 2002, a U.S. Department of Agriculture inspector found beef contaminated with the potentially deadly E. coli O157:H7 bacteria at Munsell’s plant. He insisted that contaminated meat didn’t come from his own plant and accused the USDA of failing to trace the beef to the large meatpacker who sent it to him.
Munsell said he told the USDA he knew the tainted beef came from ConAgra, but contends the agency didn’t follow up. An FSIS official, in testimony before a congressional field hearing in December 2002, said the source of contamination couldn’t be identified because Munsell’s records couldn’t “definitively verify” a single beef source was used.
Munsell claims that after he criticized the USDA’s investigation, the agency retaliated by demanding he rewrite repeatedly a plan detailing possible hazards and controls at his plant.

The article goes on to discuss changes made by the FSIS and the decline in E. coli recalls since the ConAgra outbreak:

Steven Cohen, an FSIS spokesman, said the agency has enacted numerous changes since the E. coli outbreak, including improved training for inspectors and requiring greater accountability from supervisors. Plants that do their own testing are no longer exempt from agency testing, and FSIS is moving toward increased testing at higher-volume facilities, he said.
The ConAgra outbreak was a major tipping point for the meat industry and its commitment to dealing with E. coli, said Bill Marler, an attorney who’s handled e. coli cases and represented many who ate tainted beef in 2002.

But not everyone agrees that America’s food supply is safer.

Barbara Kowalcyk, a biostatistician and president-elect of the group Safe Tables Our Priority, refuses to read too much into the figures. Kowalcyk — whose toddler son, Kevin, died in 2001 due to E. coli — says it’s still unclear how much credit the industry deserves.
“To say that the overall incidence is down and that meat is safer, I don’t think is accurate,” she said.

Thursday, June 16, 2005
12:30 — 1:30 pm
OVC Learning Centre
Room 1715
University of Guelph
I will discuss why processors, ingredient suppliers, restaurant operators, and any operations involved in the growth, processing, and distribution of food products should understand the legal consequences and dangers of what may happen when foodborne illness strikes as a result of one of their products sold in the U.S. I will discuss issues such as liability and how it is determined, the discovery process, and the importance of open communications in the event of an outbreak.
For further information, please contact Doug Powell at 519-835-3015 or
dpowell@uoguelph.ca.

Report a Food Illness
www.rusick2.msu.edu
This project is being conducted by researchers and epidemiologists at the National Food Safety & Toxicology Center at Michigan State University. The Developmental Steering Committee had scientists from the Michigan Department of Community Health, Michigan Department of Agriculture, University of Michigan, Michigan State University, Mid-Michigan District Health Department, Barry-Eaton District Health Department, and the Ingham County Health Department.
Since the rate of reporting foodborne illnesses is very low (about 1% – 2%), we are striving to increase the reporting of foodborne disease. This website helps visitors to recall their food exposures and allows them to organize information regarding their foodborne illness. It also gives assistance on how to contact their local health departments. By reporting foodborne illnesses to local health departments, we hope to prevent others from becoming sick from eating the same food items.
www.badfood.org
This site provides reporting and record keeping processes for incidences of food borne illnesses and unsanitary conditions. When you add a record to our system it is used primarily to gather statistical information. For cases of food borne illnesses you can at your option forward the information to the local health agency where the illness occurred. At your option, you can file a fully anonymous report. Unsanitary condition submissions provide information on specific trends and the system tracks this information for patterns that may identify a serious problem.
Support Groups
S.T.O.P – Safe Tables Our Priority
S.T.O.P. — Safe Tables Our Priority is a non-profit grassroots organization devoted to victim assistance, public education, and policy advocacy for safe food and public health. The organization was founded in 1993 by family and friends of people who became ill or died from exposure to E. coli 0157:H7 and other pathogenic bacteria in meat and poultry. S.T.O.P.’s mission is to prevent unnecessary illness and loss of life from foodborne contamination. This is an excellent informational site, but also a critical resource for people whose lives have been affected by these deadly bacteria.
E. Coli Help Organization – Eric’s ECHO
This website was created by a father, Rainer Mueller, in honor and remembrance of his son, Eric Mueller, who died after eating a hamburger contaminated with E. coli 0157:H7. In addition to be a valuable source of information about these deadly bacteria, this site is also a heartbreaking reminder of tragic human-costs inflicted by foodborne pathogens. This site is also particularly well-designed, and contains much helpful and needed information about food safety and foodborne illnesses.
Medical Services
The Medical Reporter
In our travels on the Web, we have had an opportunity to look at a LOT of sites about medical care and health, and this is one of the best. The Medical Reporter is an independent, educational, non-profit health magazine for enlightened healthcare consumers. Published solely in cyberspace since April of 1995, The Medical Reporter emphasizes preventive medicine, primary care, patient advocacy, education and support of interest to men and women alike. Please check it out and tell us what you think.
Centers for Disease Control (or, CDC) homepage
The CDC is at the heart of the government’s fight against foodborne illness outbreak. When an outbreak occurs, the CDC will inevitably be part of the resulting investigation into the cause of the outbreak. This website contains a lot of useful information, both general and technical. You can also find the online version of the Morbidity and Mortality Weekly Review (or, MMWR), which is the government’s primary publication for disseminating information about communicable disease statistics and other epidemiological research.
INSTITUTE OF FOOD TECHNOLOGISTS
The Institute of Food Technologists (or, IFT) was founded in 1939, and is a nonprofit scientific society with 28,000 members working in food science, food technology, and related professions in industry, academia and government. On several occasions, the attorneys at Marler Clark have been asked to give presentations at an IFT national or regional convention. THE IFT IS AN EXCELLENT ORGANIZATIION, AND WE HIGHLY RECOMMEND THIS WEBSITE AS AN IMPORTANT SOURCE OF RELIABLE SCIENTIFIC AND TECHNICAL INFORMATION.
National Institutes of Health Main Homepage
The National Institutes of Health web site is huge, with links to countless other sites, all having to do with (you guessed it) HEALTH. In particular, the sections having to do with HEALTH INFORMATION and SCIENTIFIC RESOURCES are both impressively vast, and typically quite helpful. You can do no-cost Medline searches here as well, and link to on-line catalogs, journals, and learn about ongoing research projects. You could spend hours surfing this site, and learn tons.
Foodborne Illness: What Consumers Need to Know
Part of a website designed to provide health and safety information for HIV-positive individuals, and persons living with AIDS, this web-page provide simple, yet important, information about foodborne illnesses and how best to avoid them.
National Center for Food Safety and Technology
The NCFST is a consortium organized to address the complex issues raised by emerging food technologies. It includes academia, industry, and the government to combine resources and encourage cooperative efforts to ensure the continued food safety and quality of the nation’s food supply. This is not necessarily the prettiest site around, but it contains a good amount of helpful information, especially about available educational programs.
Educational
The Food Safety Network
The Food Safety Network (FSN), housed at the University of Guelph, provides research, commentary, policy evaluation and public information on food safety issues, from farm-to-fork. In addition to four daily list serves, FSN offers consumer, student and industry outreach services, information research, on-line resources, collaborative projects, evaluation and analysis, and a capacity to address current and emerging food safety concerns.
Food Safety for Consumers – Washington State University
Food Safety Cooperative Extension Service – Washington State University
Washington State University now has two food safety information resources relating to Food Safety for Consumers and a web site for their Food Safety Cooperative Extension Service.
The Penn State Food Safety Web Site
Food Safety throughout the Food System

The Penn State Department of Food Science has recently created a new information resource for extension educators, the food industry, and consumers interested in the safety of our food supply. The Penn State Food Safety Web Site combines a user-friendly environment with a farm-to-fork approach for quick retrieval of food safety information pertaining to the entire food system. Unique to this site are two databases with over 1300 links to online food safety resources.
Ask a Food Safety Expert
Web site designed to answer common food safety questions with more than 600 frequently asked questions and answers. More than 100 food safety experts available to provide peer-reviewed answers to consumer and foodservice food safety questions.
Food Safety Information from Iowa State University Extension
Iowa State University Extension believes that resources are needed for consumers, educators and students to access research-based, unbiased information on food safety and quality. The goal of the Food Safety Project is to develop educational materials that give the public the tools they need to minimize their risk of foodborne illness.
HACCP Information Center
Collection of HACCP information for meat processors, juice processors, foodservice operations, and on-farm operations. Compiled from current research conducted at Iowa State University.
Home Food Safety
This web site covers food safety issues that arise during normal preparation of meals in the home. It is aimed at consumers but makes a great training tool for educators and health care providers as well!
Kids World – Food Safety Page
A beautifully animated site that is full of helpful food safety information for children. We especially like the food safety coloring book and the quiz, both designed for school-age children. Along with the FIGHT BAC! program, this site is an excellent resource for families who are trying to educate their young children about food safety.
The FOODSAFE Program homepage
Sponsored by the University of California, at Davis, this website provides an incredible amount of useful information about food safety issues. Two things make this site stand out: (1) a huge food safety database with powerful search capabilities, and (2) the most extensive links page we’ve yet managed to find. We use this website all the time at Marler Clark.
International Food Information Council Homepage
The International Food Information Council (or, IFIC) provides reliable scientific information on food safety and nutrition to journalists, health professionals, educators, government officials and consumers. Because this website is updated regularly, the information it provides is always quite current.
Bugs in the News!
Both lighthearted and informative, this is a great site to learn all about “bugs” of all kinds — and we don’t mean flies, and spiders, and bees! Don’t be fooled, however; this site contains load information — science, even! The creator of this web-site is John C. (Jack) Brown, Professor, Department of Molecular Biosciences at the University of Kansas. While you are there, be sure to check out the GREAT article “What the Heck is E. coli??????”
Food Science Links Page
Sponsored by the University of Kentucky, Lexington, this is arguably one of the most comprehensive lists of WWW links we’ve yet found. Divided into easy-to-use sections, e.g., Law, Microbiology, and HACCP, you should be able to find out everything you need to know by beginning your internet journey here.
Salmonella & Egg Safety
Sponsored by the American Egg Board, this website offers excellent information on the safe use of eggs and egg-products. As might be expected, however, the information slightly downplays the risks associated with Salmonella and the use and consumption of eggs. We would suggest that you also read about salmonella in the “Bad Bug” book. REMEMBER: YOU CAN NEVER HAVE TOO MUCH INFORMATION ABOUT FOOD SAFETY.
The Food Safety Consortium
This consortium combines the collective talents of researchers from the University of Arkansas, Iowa State University, and Kansas State University. The Consortium was established by Congress in 1988, and was charged to conduct extensive research in all areas of poultry, beef, and pork meat production, from the farm to the table. Most of the information contained at this site is scientific and technical — but it is important information, and worth the time it takes to understand and appreciate it.
The National Safe Kids Campaign (Safe Kids)
The National Safe Kids Campaign operates with the beliefs that there is no such thing as an “accident”, and that ALL unintentional injuries of children are preventable. Their website offers many practical and useful tips on preventing even the most common childhood injuries.
FOODNET
Sponsored by the Food Institute of Canada, this web-site provides a wealth of information on the food industry, while also offering a global perspective. The Food Safety resource page is quite good, as is the site’s section on laws and regulations.
IFSE’s Food Safety Information and Links Page
This site, which is sponsored by Texas A&M’s Institute of Food Science and Engineering, collects a large number of articles and informational sites on food safety, in all its forms, including topics related to E. coli 0157:H7.
Northern Virginia Alliance for Safe Food
The Northern Virginia Alliance for Safe Food is a working partnership between several public agencies charged with the oversight of food safety and the private food industry. The site is nicely colorful and easy to navigate. It also includes some excellent resources for educating young children about food safety issues like hand washing.
Kid Source Online
This well-designed web site is a great source for in depth and timely education and healthcare information. Easy to navigate, and with a broad range of topics covered, we think this site is a good first-stop on the internet for any parent looking for answers. This site also has excellent search capabilities and an extensive list of resources on a wide range of topics.
Government
The “Bad Bug” Book
This online handbook provides basic facts about foodborne pathogens, and brings together in one place information from the FDA, CDC, National Institutes of Health, and the USDA Food Safety and Inspection Service. IT IS AN EXCELLENT RESOURCE THAT WE HIGHLY RECOMMEND.
U.S.D.A. Economic Research Service
The Economic Research Service (or “ERS”), an agency of the U.S. Department of Agriculture, provides economic analysis on issues related to agriculture, food, and the environment. Not all of its research reports are available (in full-text versions) on-line, but the reports are easy to order, and definitely worth reading. Of particular interest is the ERS research on the medical and productivity costs of foodborne illness in the United States. So, next time your hungry for some numbers, this is an excellent place to look for some.
USDA Foodborne Illness Education Information Center
The USDA/FDA Foodborne Illness Education Information Center provides information about foodborne illness prevention to education, trainers, and organizations. Here you can find the Educational Materials Database, which includes everything from posters, games, computer software, and teaching guides for elementary and secondary schools, as well as training materials for managers and employees of the food industry.
The Gateway to Government Food Safety Information
This is a gateway website that provides links to selected government food safety-related information. Not every government website is listed, but it is still an excellent place to begin your research for more general information.
Government Accountability Project
This excellent site is for the rabble-rouser in all of us, providing an internet resource for information about whistle blowing, government wrongdoing, and official misconduct of all kinds. Be sure to check out the excellent section on food safety, which features an expose’ of the substandard food that sometimes makes its way into the National School Lunch Program. Do you REALLY know what your kids are eating at school?
USDA Food Safety and Inspection Service
The Food Safety and Inspection Service (or, FSIS) is the public health agency that is responsible for ensuring (or trying to ensure) that the nation’s commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled. Not without its critics, this website is still a helpful resource for finding out more about the regulations that govern food inspection.
USDA Food Safety Index
This is a list of websites that the USDA selected as being of interest to persons in the food safety field. It has been our experience that this page is not routinely updated, so several links no longer work. Still, if you are looking for food safety information on a particular topic, this is a good place to start.
FDA Center for Food Safety and Applied Nutrition
This government website is primarily devoted to the information available from the FDA, including press releases, proposed changes in food safety regulations, and other more technical information about the FDA’s regulatory activities. It provides helpful information about how to contact several of the FDA’s agencies, how to propose regulations, and how to make Freedom of Information Act requests.
Non-Profit
S.T.O.P – Safe Tables Our Priority
S.T.O.P. — Safe Tables Our Priority is a non-profit grassroots organization devoted to victim assistance, public education, and policy advocacy for safe food and public health. The organization was founded in 1993 by family and friends of people who became ill or died from exposure to E. coli 0157:H7 and other pathogenic bacteria in meat and poultry. S.T.O.P.’s mission is to prevent unnecessary illness and loss of life from foodborne contamination. This is an excellent informational site, but also a critical resource for people whose lives have been affected by these deadly bacteria.
E. Coli Help Organization – Eric’s ECHO
This website was created by a father, Rainer Mueller, in honor and remembrance of his son, Eric Mueller, who died after eating a hamburger contaminated with E. coli 0157:H7. In addition to be a valuable source of information about these deadly bacteria, this site is also a heartbreaking reminder of tragic human-costs inflicted by foodborne pathogens. This site is also particularly well-designed, and contains much helpful and needed information about food safety and foodborne illnesses.
INSTITUTE OF FOOD TECHNOLOGISTS
The Institute of Food Technologists (or, IFT) was founded in 1939, and is a nonprofit scientific society with 28,000 members working in food science, food technology, and related professions in industry, academia and government. On several occasions, the attorneys at Marler Clark have been asked to give presentations at an IFT national or regional convention. THE IFT IS AN EXCELLENT ORGANIZATIION, AND WE HIGHLY RECOMMEND THIS WEBSITE AS AN IMPORTANT SOURCE OF RELIABLE SCIENTIFIC AND TECHNICAL INFORMATION.
The Center for Science in the Public Interest
The Center for Science in the Public Interest (or, CSPI) is a nonprofit education and advocacy organization that focuses on improving the safety and nutritional quality of our food supply and on reducing the damaging health affects associated with the abuse of alcoholic beverages. CSPI promotes health through educating the public about nutrition and alcohol; it represents citizens’ interests before legislative, regulatory, and judicial bodies; and it works to ensure that advances in science are used for the public’s good. This site is an excellent clearinghouse for up-to-date information on food regulations; it is also a good way to participate in grass-root lobbying efforts.
Institutional
Food-Safety-News.com
Is a monthly online newsletter produced by food-safety.com.au for the retail food industry: e.g. restaurants, fast food outlets, hotels, motels, cafeterias, etc. Their newsletter focuses on a wide range of issues such as food safety plans, food poisoning, food safety, contamination, and customer service improvements. Advice of each issue is sent via E-mail to registered users.
The Food Research Institute
The Food Research Institute (or, FRI) is based at the University of Wisconsin – Madison, and is both an independent research institute and an academic department in the College of Agricultural and Life Sciences. Usually on the cutting-edge of food safety research, the FRI is a top-notch resource for obtaining the most recent scientific information about food microbiology and toxicology. The attorneys at Marler Clark regularly retain the experts here at the FRI for help in ongoing foodborne illness litigation.
National Food Processors Association homepage
The National Food Processors Association (or, NFPA) is the principal scientific and technical trade association for the food industry. While we normally advise people to be cautious when relying on information provided by trade associations, we have found that the NFPA remains an excellent source of information on food safety issues of all kind, both scientific and regulatory. The Marler Clark attorneys gave a presentation at last year’s NFPA national convention in Chicago, Illinois, and came away quite impressed with the organization, and its commitment to food safety. We recommend this site without reservation.
Hospitality Institute of Technology and Management homepage
This excellent website is packed with food safety information and research, with a particular focus on the retail food industry. There is also lots of information about food safety at home. Created by Dr. Pete Snyder, one of the country’s leading and most outspoken food safety advocates, this website is a treasure trove of useful and important information.
The Inspector.Com
Sponsored by the Midwest Council of Food Inspection Locals, a labor union that represents meat, poultry & egg inspectors, this site is informative, eye-opening, and unabashedly opinionated. With a perspective developed on the front-lines of the food safety war, this site does not pull many punches. For example, if you want to be shocked (and maybe even appalled), check out the article entitled “Edible S**t” THIS IS A GREAT SITE!
American Meat Institute homepage
The American Meat Institute (or, AMI) is a national trade association that represents approximately 70% of the Nation’s meat packers and processors. The AMI provides legislative, regulatory, and public relations services on behalf of the meat industry, and also sponsors scientific and economic research, and some public education programs. While this is not a website that we would recommend for researching food safety issues, or seeking unbiased information (there are several better sites for that), it is still an excellent way to find out what the meat industry is up to.
Food Marketing Institute homepage
Like the AMI, the Food Marketing Institute (or, FMI) is a national trade association, this one representing food retailers. This website has limited utility unless you are interested in learning more about the food retailing and the laws that regulate it.
Outbreak Inc.
Started by three of the attorneys at Marler Clark, Outbreak Inc. is a resource for companies in the food industry. In their roles as Outbreak consultants, the Marler Clark attorneys visit food companies, and attend food industry conventions and trade shows, offering practical advice on how to avoid litigation related to foodborne illness outbreaks.

By William D. Marler
I always find it a bit odd these PR events that restaurants do after an outbreak that sickens hundreds and kills people – although this is the first time that I have seen a minister as the spokesperson. I have seen it dozens of times in prior outbreaks and I am always a bit amazed how the victims are often ignored. The reality of this outbreak is that Old South will likely have little insurance coverage or assets compared to the damages inflicted on its customers – see www.about-salmonella.com and www.about-reiters-syndrome.com. If this outbreak occurred against a large chain restaurant, the compensation to these people would be fairly in the 10’s of millions. How many of these people have no health insurance? How has being off work for days impacted their families? What about risks of long-term health problems? What about loosing a husband and father?

Continue Reading Opinion Editorial: Old South Salmonella Outbreak

As the Associated Press reported today, undercooked turkey at a Camden restaurant is most likely the cause of one of the worst food-borne illness outbreaks in South Carolina in recent years, the state health department said Friday.
More than 300 people were sickened and one 58-year-old man died after eating at the Old South Restaurant in Camden about two weeks ago. Some 56 people also were hospitalized, according to the state Department of Health and Environmental Control.
My firm is representing nine people who became sick after eating at the restaurant. Like I told Jacob Jordon of the AP, before the restaurant reopens, the buffet should think about how it’s going to compensate those that were sickened.
From the article:

“There’s not going to be even remotely … enough money to compensate these victims,” Marler said. “I don’t like to see restaurants put out of business. Errors happen and they happen, unfortunately, all too frequently.”
Marler said he will consider a possible class-action lawsuit, possibly waiving attorney fees so that those sickened can get as much money as possible.
“My focus is on preventing future outbreaks and coming up with some methodology of fairly compensating innocent victims,” he said.

Bankrupt Coronet Foods is now facing a lawsuit by 92 people from several states. On Wednesday a judge ruled the people who claim they got sick after eating tainted roma tomatoes could sue the store that sold them, and the company that supplied them, Wheeling based Coronet Foods.
“It’s clear that the tomatoes were supplied by Coronet. Under the law they are strictly liable, said the attorney representing the complainants, Bill Marler.
Coronet laid-off their entire workforce after the salmonella outbreak when more than 400 people got sick. The judges ruling says now they are responsible for those who got sick. The attorney representing those who say they got salmonella says he would like to settle the dispute outside of court through mediation. He says coronet was against it.
“Coronet and their insurance company were simply not interested in doing that. The bankruptcy court therefore allowed us to get out of bankruptcy court and file our claims in state court, said Marler.
The president of Coronet says he just found out about the ruling but his attorney says mediation was not a problem.
“We didn’t object to mediation. We believe mediation probably would be the best thing for all of these claims. We want to make sure everyone who had some potential responsibility was involved in mediation, said Coronet Attorney, Eric Anderson.
Meantime, the plaintiffs are asking the judge for what they call full and fair compensation.

As the Associated Press reported today, a West Virginia federal bankruptcy judge has allowed us to sue on behalf of more than 80 people who were sickened by salmonella-tainted tomatoes the company supplied the tomatoes and the Sheetz convenience store chain.
Federal Judge L. Edward Friend II signed an order yesterday allowing plaintiffs to sue Coronet Foods Inc., a bankrupt Wheeling, W.Va., company, and Sheetz after attorneys for Coronet said they didn’t want to mediate the lawsuits.
Coronet shut down in October and filed bankruptcy shortly after a few lawsuits were filed. The company has $11 million worth of insurance covering it.
Food inspectors also said Coronet and Sheetz did nothing wrong, but under the law they can be held liable because they supplied and prepared the tomatoes for human consumption.