Jeffrey Gold, AP’s "E. coli guy," in New Jersey filed the story that had been rumored about for weeks about Topps Meat Company’s Chapter 7 Bankruptcy. Topps has up to 10,000 creditors (including several of my clients) and liabilities of up to $100 million, according to its Chapter 7 filing in U.S. Bankruptcy
November 2007
Have an Extra Helping of Cranberries Today
Cranberry Sauce May Be Healthy Treat
Compounds in cranberries may be able to protect against E. coli bacteria, — which cause a number of human health problems, including gastroenteritis, kidney infections and tooth decay — say researchers at Worcester Polytechnic Institute in Massachusetts. Among their findings:
- Chemical changes caused by cranberry juice create an energy
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Symposium in Seattle
Fellow Bloggers and Readers: I’m thinking about helping organize/sponsor a seminar at Seattle University School of Law here in Seattle in the Spring (less rain then) – April is most likely. Thoughts as to content and speakers would be most appreciated. Please feel free to pass this around to folks who are not avid readers…
Friends, Strangers Help Stephanie Smith With E. coli bills
Maya Nishikawa of WCCO reported on the fundraiser for Stephanie Smith who has been on life support since eating a Sam’s Club (Cargill) hamburger in late September. Is it just me or does it simply not seem right that eating a hamburger can put you in a coma. I wonder how much money Sam’s Club…
Off to do a ConAgra Pot Pie Inspection
My friend Jerry’s quasi-news site – newsinferno.com – posted today some old news – "ConAgra Banquet Pot Pie Recall Plant to Undergo 90-Day Verification Period, USDA Says"
"Federal inspectors will be keeping an eye on the ConAgra plant that produced Salmonella tainted Banquet Pot [and others] Pies for at least the next three months. The…
Totino’s and Jeno’s Pizza Put My Kids at Risk of E. coli!
Jane Mundy, reporter for the online news-service Lawyers and Settlements talked to a mother in Los Angeles about the dangers of Totino’s and Jeno’s pizzas: "I have six kids and cannot risk their health on a product such as Totino’s pizza and General Mills inability to inform the public of a recall in a timely…
After 76 days in the hospital E. coli victim, Regina Lassiter is home
Steve Doyle of the Huntsville Times does a great job of giving life to how horrible an E. coli O157:H7 illness can truly be.
Weeks in hospital ‘blur’ after E. coli hit
I urge everyone to read the full article linked above. Some of the points that hit me hardest:
- It began with lunch –
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USDA – you must be kidding – No test and hold?
Robert Roos, CIDRAP News Editor caught the USDA ones again saying that it is interested in public safety, but when no one is looking changes the rules. Mr. Roos’ article entitled, “USDA modifies E. coli testing rules for Canadian beef,” is frankly shocking. According to the story, the “USDA has modified its program…
Family hit hard by E. coli bacteria
Scott Harvey of WAVE reported on the tragic condition of our client and her son as they both struggle to survive the aftermath of the E. coli outbreak that still has yet to be solved.
Mother fears daughter may never fully recover from bout with E. coli
A Floyd County woman watched her son battle
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Legally Speaking: The food poisoning lawyer
I had a great chat with Texas attorney and writer, John G. Browning, while on a layover in the Dallas airport several weeks ago. We have talked several times since. I pulled some excerpts. Mr. Browning just published the interview today:
Legally Speaking: The food poisoning lawyer
For Bill Marler, it’s about more than money or even reform – it’s about the client.
Who is Bill Marler? He’s simply the preeminent lawyer in the country in a rather specialized practice area – representing victims of food poisoning. Judging by the headlines the past few months, Mr. Marler will be very busy for quite some time to come….
But Marler is no Johnny-come-lately to the world of foodborne illness litigation. After starting out in a defense firm, Marler went to a small plaintiff’s firm, where he landed one of the first cases in the 1993 Jack in the Box E. coli outbreak. Marler recovered a $15.6 million settlement on behalf of Brianne Kiner, the most seriously injured of the Jack in the Box victims; after that success, he says, "I went from one client to 300 clients within a few weeks."
Since 1993, Marler has been involved in virtually every major food poisoning lawsuit in the U.S. He secured a reported $12 million settlement on behalf of five children severely injured after drinking E. coli contaminated Odwalla apple juice in 1996. In 1998, he won a $4.6 million jury verdict on behalf of 11 children who fell ill with E. coli-induced food poisoning from school lunches in Washington State. In 2003, Marler obtained a $6.25 million settlement for a man forced to undergo a liver transplant after contracting hepatitis A due to food poisoning traced to tainted green onions at a Chi-Chi’s restaurant in Pittsburgh.
Between 1993 and 2006, Marler estimates that 90 percent of his law firm’s revenue was derived from E. coli/tainted hamburger meat cases. Marler estimates that insurance giant AIG "has paid me $100 million over the past 10 years."
Marler attributes his success to a number of factors, not the least of which is the level of preparation he brings to every case.
"Just because you have a high dollar damages case doesn’t mean ConAgra’s going to cut you a check, because of the problem of proving causation," Marler cautions.
Since starting Marler Clark in 1998, the attorney has made a point of spending a lot of time up front on proving causation. "Having the right expert is crucial," according to Marler, who keeps an epidemiologist and nurse on staff and who regularly consults with microbiologists and specialists in emerging areas like pediatric nephrology (the study of kidneys and kidney failure in children).
He points out that "you won’t find a more prepared case at the time we file suit." Marler also attracts topnotch legal talent as well: his firm includes partners Bruce Clark and Denis Stearns, the lead defense attorneys for Jack in the Box who went from opposing Marler in the courtroom to joining his food poisoning crusade.
Crusade is an apt term for the approach Marler has adopted, whose dedication to the issue of food safety goes beyond representing his clients and earning a handsome living. Marler, whose commitment to public service manifested itself early when he was elected to the Pullman, Wash., City Council at the age of 19, has started a nonprofit food safety consulting firm called Outbreak, Inc. The group provides recommendations to food industry companies on how to prevent foodborne illness outbreaks among their customers.
At least once a week, Marler estimates, someone from his firm is speaking at a food safety conference or a health department seminar.
"It’s become a way to give back; I think especially as lawyers, we have an obligation to give back," he says….
Marler has also taken his campaign for better food safety to the legislature. He’s testified before state and federal legislators, and written such op-ed pieces as the provocatively titled "Put Me Out of Business-Please."Continue Reading Legally Speaking: The food poisoning lawyer