Food Poisoning Lawyer & Attorney : Marler Clark : Marler Blog

It is time politicians take notice – a recent poll found:

• Nearly half (46 percent) of consumers have changed their eating and buying habits in the past six months because they're afraid they could get sick by eating contaminated food.

• An overwhelming number (80 percent) support setting up a better system to trace produce in an outbreak back to the source, the poll found.

• Three in four people remain confident about the overall safety of food.

• The survey found gender, racial and economic gaps on attitudes about food safety. Women, who do most of the shopping, were more concerned than men. For example, 39 percent of men said they were "very confident" that the food they buy is safe, but only 23 percent of women said they felt that way. However, men and women agreed on the need for better federal oversight.

• 80 percent of Americans would support new federal standards for fresh produce.

• 86 percent said produce should be labeled so it can be tracked through layers of processors, packers and shippers, all the way back to the farm.

Well at least “The Haphazard Gourmet Girls” are paying attention:  "Bill Marler: The Avenging Angel Of The Chowpocalypse:"

Once again, Bill Marler, the leading genius watchdog of the Food Industrial Complex and an incredibly even-handed analyst, parses the where, how & why of contamination outbreaks with an excellent summation of E. coli issues.

And, the “Food Law Guy:”  Improving Food Safety: Insights from Intensive Care

Paraphrasing Tom Sawyer, a person who takes a bull by the tail once, learns sixty or seventy times more than a person who hasn’t.  Perhaps no one has seen the inside of as many intensive care units for foodborne illness as Bill Marler.  Gain some of Marler’s insight on improving food safety by reading his latest commentary, “E. coli O157:H7 is a powerful and deadly bacterium.”

“You cannot see it, taste it, or smell it. 250,000 E. coli O157:H7 (E. coli) bacteria will fit on the head of a pin. Ten to 50 will kill your child or your grandmother."

And, the “Food Snark:”  Bill Marler, Food Czar, Cries Out (Again)

Some lawyers want better BMWs, food poisoning lawyer Bill Marler wants to see fewer kids die from E. coli O157:H7.  He does everything he can to raise awareness of the powerful deadly bacteria in hope to see fewer kids lose their kidneys, even when that means driving around in an ugly VW bug with ECOLI on his license plates and taking shit from Tort Deformists who have dubbed him an ambulance chaser.

I’ve called Bill Marler “Batman” for a while now, partially because he could use a bat-plane for all the traveling he does, but also because he truly is a superhero to the children whose lives would be lost without him.  However, I think it’s about time to upgrade him to Food Czar, because he’s already king of the industry, and he’d look good in a crown.

Honestly, Bill Marler is the only lawyer I know who works so hard every day to try to put himself out of business.

And, Jane Genova of “Law and More:”

... I don't hear a peep from presidential candidates Barack Obama and John McCain about making sure what children wind up putting in their mouths is safe - whether that's food, milk, or a toy imported from China. Is it true, as the article in FORTUNE by Marc Gunther claims, that government is increasingly less in the loop on consumer safety issues? Replacing it, documents Gunther, are the new watchdogs: Industry, plaintiff lawyers, and citizen activists....

I envision a cabinet-level position. We can call its head The Food Safety Czar. Right now the best-qualified pro in that field seems to be Bill Marler of Marler Clark. Google his name and you'll see what I mean. Or you can read some of the testimony he delivered on Capitol Hill - Download Testimony here.

And, the Food Law Prof Blog, “Food Czar Bill Marler on E. coli and Food Safety”

And, the Fanatic Cook, "For His Work In Food Safety, Bill Marler Deserves A Spot In The Next Administration"

There are times when a man would do well to win a certain job. And there are times when a job would do well to win a certain man.

The job of Food Safety Czar in this country would do well to win Bill Marler.

This country does not currently have a Food Safety Czar. It needs one. Someone to cut through the muck that swaddles numerous, discrete food-related government agencies. Someone with a history of going to bat for consumers, a successful history. Someone with a tireless passion for this work.

To the next President: If you intend to make food safety a priority, you'll want Bill Marler in your cabinet.

Efoodalert weighs in:  I propose that the next President form an independent Food Safety Commission. The Commission should be non-political (as opposed to by-partisan), and should receive testimony, briefs and proposals from industry, academia, consumers and regulators. The mandate should include:

1. Determine a current estimate of food-borne disease in the United States;
2. Recommend improvements to the current methods for reporting illnesses and detecting incipient outbreaks;
3. Review the present US food safety regulatory structure and compare its effectiveness with food safety regulatory structures adopted by other countries; and
4. Propose a new US food safety regulatory structure designed to respond more effectively to the current state of the US domestic and imported food supply.

It is vital that such a Commission be headed by an individual who does not owe loyalty to industry, regulators, or lobbying organizations. An individual who has no political axe to grind. An individual whose primary goal is to do whatever it takes to improve the safety of the country's food supply.

Bill Marler, are you listening?

Loud and clear.

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You cannot see it, taste it, or smell it. 250,000 E. coli O157:H7 (E. coli) bacteria will fit on the head of a pin.  Ten to 50 will kill your child or your grandmother.

More likely due the expertise of Children’s Hospitals, and other top medical centers around the country, deaths at times are avoided, however, often not before Hemolytic Uremic Syndrome (HUS) nearly kills.  HUS, a complication from an E. coli infection, can cause severe damage to kidneys, intestines, and pancreas.  Falling into a coma and suffering further from cognitive impairment are all too common.

I’ve seen the inside of too many of those Intensive Care Units with families who are scared senseless as they watch their children or mother shutdown.  For 15 years, this has been my world.   When I was an undergraduate, I read Upton Sinclair’s, The Jungle.  That book took the American public on a tour of the contaminated underbelly of the meat industry and they were sickened.  It led to the Pure Food & Drug Act and the Federal Meat Inspection Act, versions of which are still in place today.

Until 1993, I thought—because of those laws—that the United States had a safe and secure food supply. But, then came the Jack-in-the-Box E. coli outbreak.  It killed four, and sickened hundreds, including many who were gravely ill with HUS and related complications.  Many of those victims became my clients.

Once again, there was a public outcry for safe meat.  The Food Safety & Inspection Service responded by creating and aggressively enforcing the Mandatory Risk Management System.  Based on research and practices of the U.S. Space Program, the risk management system established checkpoints at every phase of meat processing.

The presence of E. coli was defined as an adulterant under the Federal Meat Inspection Act.  I continued to sue “Big Meat” as most of my clients up to 2002 were children who were made sick by eating E. coli contaminated meat.  I recovered over $350 million during this period from the meat industry and the restaurants they supplied in verdicts and settlements on behalf of those clients.  In 2003 recalls of meat laced with E. coli began to decline.  After 24 million pounds of contaminated beef were recalled in 34 separate incidents in 2002, recalls dropped off to just over a million pounds a year for the next three years, and then to just 181,900 pounds in 2006.  The Centers of Disease Control and Prevention saw E. coli – related illnesses drop 48%.

But then came Spring 2007. E. coli, which begins its life in the hindgut of a cow, mounted a surge on its home court.  And, it came back with a vengeance.  Thirty-three million pounds of beef would be recalled in 22 incidents.  All over the country, slaughterhouses, packing and distribution centers, retail outlets, and restaurants were once again testing positive for E. coli and people-mostly children-were getting seriously sick.

The American meat supply, which had again been touted as safest in the world, tumbled back into disarray.  But, why?

As with any unexplained mystery, theories abound.  Could it really just be meat industry complacency?  Did everyone respond to the good numbers in 2006 by taking a long nap?  Did meat processors slack off—consciously or unconsciously—and relax their testing procedures?

Or could it be better reporting?  Doctors are more aware of E. coli now, and perhaps when patients present symptoms of food poisoning; tests are more likely to be ordered.  When the presence of E coli is found and reported, a recall is triggered.

There’s always global warming.  Seriously though – very smart people have posited that droughts in the southeast and southwest have launched more fecal dust into the air, which then finds its way into beef slaughtering plants.  It has also been suggested that the deluging rainfall in other areas created muddy pens—an ideal environment for E. coli.

While we’re at it, why not blame high oil prices?  High gas prices have fueled (sorry) the growth of ethanol plants.  These plants are often built next to feedlots, and a byproduct of the ethanol production process—distiller’s grains—is considered an excellent (and cheap) alternative to corn for cattle feed.  Unfortunately, research at Kansas State University associates the use of distiller’s grains as feed with an increase in the incidence of E. coli in the hindguts of cattle.

Another controversial issue may affect the meat supply.  The New York Times reported that immigration officials began a crackdown at slaughterhouses across the country in the fall of 2006.  Experienced—albeit undocumented—workers have been cleared out and replaced with unskilled, inexperienced labor.

And then there’s Darwin.  Another theory holds that interventions have caused the wily E. coli microbes to adapt, selecting pathogens that are more resistant to detection or intervention.  E. coli back in our meat cannot be tolerated.  We’ve got a lot of summer of 2008 left. Summer has always been kind to the E. coli bug.  More than 5.6 million pounds of E. coli contaminated beef has been recalled so far in 2008, most supplied by Nebraska Beef Ltd., via the Kroger Grocery chain.  All of which is responsible for a multi-state outbreak of E. coli that again is filling up the ICU’s in Hospitals in the seven states.

What is being done?  Not much.

Congress has held some hearings, but the only new reform is that the names of retail stores that received meat and poultry involved in recalls with high health risk will be made public.  Good as far as it goes.

However, despite 76,000,000 American’s being sickened, 325,000 hospitalized and 5,000 deaths each year, food safety has not made it as a Presidential campaign issue.  Congress, Democrats and Republicans, have about run out its clock.  But E. coli is back in our meat and we better care.

Solutions?

Continue Reading...

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On a day that another politician, this time the Florida Governor, said: "we continue to have the safest food supply in the world;" on a day that I finally get one of my Op-eds published, thanks goes to Undersecretary for Food Safety (FSIS) Richard Raymond, and Agriculture (USDA) Secretary Ed Schafer for announcing plans to tell the public which grocery stores and other retailers have received tainted meat during “Class I” recalls.  Consumers now can finally be told if their local grocery store got tainted meat during a recall.  Under the new rule, which is expected to be published next week and take effect 30 days later, retailers' names will be posted on the Agriculture Department Web site during so-called "Class I" meat and poultry recalls - those deemed to pose a definite public health risk.

So, Secretaries, I have one more idea - why not make "Non-compliance Reports" ("NRs") public and online.  Let the public see how well, or badly, some of your inspected facilities are operating.  I think if you had on line Establishment 19336's (a.k.a Nebraska Beef, Ltd) NRs from 2002, perhaps the illnesses and deaths from 2006 and 2008 would not have happened.

OK, one more "beef."  A few days ago USDA spokesman Amanda Eamich said that Nebraska Beef's plan "satisfies concerns raised after the meat was linked to an E. coli outbreak."  However, "she would not discuss the details of the changes Nebraska Beef had proposed."  Boy, given that a few days before that she said that "Nebraska Beef responded slowly to indications that its products might be tainted with E. coli," and that "Nebraska Beef was notified in the first half of June that two samples of its trim to be used in ground beef had tested positive for E. coli," and that "the establishment didn't take appropriate actions when positives were found," you would think that this whole process would be a little more transparent?

Perhaps we need another press conference? Or, two?

Perhaps the presidential candidates need to read:  "Tainted Food: How To Combat Food Poisoning in the United States? Mr. McCain, Mr. Obama, are You Paying Attention?"

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I have the honor of speaking to ConAgra's Food Safety Council on Wednesday.  I always find it a bit odd that I get asked to speak to corporations that I have sued, or are suing, on behalf of victims of food poisoning.  But, if they are willing to listen, I am willing to talk.

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Once again, hundreds of Americans have been sickened by outbreaks of foodborne illness.  This time it is nearly 1,000 (and counting) in 40 States put down by salmonella in fresh tomatoes (or is it the salsa?), and nearly 50 in Ohio and Michigan (possibly Georgia) stricken by the deadly E. coli O157:H7 bacteria, again in hamburger.  Tomatoes have been recalled nearly every year for the last 10, with hundreds ill.  Hamburger, well, since the spring of 2007, we have recalled over 30 million pounds after it was linked to ill people, mostly children in nearly every state.  Consumers (hint candidates - voters) have lost confidence in the businesses that feed them and a government that is supposed to protect them.

After a brief lull a few years ago, we’re seeing a sweeping increase in outbreaks of salmonella, E. coli and other foodborne contaminates.  There are many reasons for this ugly trend – businesses more focused on sales than safety, fragmented government agencies with conflicting missions, inadequate inspection of foods, poorly educated food handlers and lack of consumer awareness, to name a few.  The reality is that we now live in a global food supply, like it or not, and we need to come up with global solutions that leverage our scientific and technological capabilities to prevent human illness and death.

These outbreaks should be good news to a lawyer like me, since I specialize in representing people sickened by tainted food.  But it isn’t, because it means I’ll be seeing more four and five-year-old kids hooked up to kidney dialysis machines, their lives hanging by a thread because they ate a tainted burger topped by contaminated tomatoes.

In the last few months, I’ve asked some of the leading experts in the field – doctors, researchers, food safety consultants and governmental officials - to suggest what the next President - be it McCain or Obama - could do to combat this recurring epidemic. Here are the “top eleven” of what they (with a few edits and additions by me) suggest:

• Improve surveillance of bacterial and viral diseases.  First responders - ER physicians and local doctors - need to be encouraged to test for pathogens and report findings directly to local and state health departments and the CDC promptly.  Right now, for every person counted in an outbreak there are some 20 to 40 times those that are sick but never tested.  The more we test, the quicker we know we have an outbreak and the quicker it can be stopped.

• These same governmental departments, whether local, state or federal, need to learn to “play well together.”  Turf battles need to take a back seat to stopping an outbreak and tracking it to its source.  That means resources need to be provided and coordination encouraged so illnesses can be promptly stopped and the offending producer - not an entire industry - are brought to heal.

• Require real training and certification of food handlers at restaurants and grocery stores.  There also should be incentives for ill employees not to come to work when ill.  We should impose fines and penalties on employers who do not cooperate.

• Stiffen license requirements for large farm, retail and wholesale food outlets, so that nobody gets a license until they and their employees have shown they understand the hazards and how to avoid them.

• Increase food inspections.  While domestic production has continued to be a problem, imports pose an increasing risk, especially if terrorists were to get into the act.  Points of export and entry are a logical place to step up monitoring.  We need more inspectors - domestically and abroad - and we need to require that they receive the training in how to identify and control hazards.

• Reorganize federal, state and local food safety agencies to increase cooperation and reduce wasteful overlap and conflicts.  Reform federal, state and local agencies to make them more proactive, and less reactive.  This too requires financial resources and accountability.  We also need to modernize food safety statutes by replacing the existing collection of often conflicting laws and regulation with one uniform food safety law of the highest standard.

• There are too few legal consequences for sickening or killing customers by selling contaminated food.  We should impose stiff fines, and even prison sentences for violators, and even stiffer penalties for repeat violators.

• We need to use our technology to make food more traceable so that when an outbreak occurs authorities can quickly identify the source and limit the spread of the contamination and stop the disruption to the economy.  When I buy a book on line I can track it all the way to my mailbox.  However, we have yet to find the source of a tomato (or salsa) outbreak after months of sickening hundreds.

• Promote university research to develop better technologies to make food safe and for testing foods for contamination.  Provide tax breaks for companies that push food safety research and employee training.  Greatly expand irradiation of raw hamburger and other high-risk products.

• Improve consumer understanding of the risks of food-borne illness. Foster a popular campaign similar to Mothers Against Drunk Driving, which uses consumer power to promote a no-tolerance policy toward growers and companies that produce tainted food.
  

• Provide Presidential leadership on a topic that impacts every single one of us.

Perhaps this is a bit too much to ask the presidential candidates to chew on?  However, they should think about it at least politically, if not morally.  In America in 2008 it is criminal, that according to the CDC, ever year nearly a quarter of our population is sickened, 350,000 hospitalized and 5,000 die, because they ate food.  People who eat food and get sick also vote.  Mr. McCain, Mr. Obama, do the math.

Well, at least one person read what I wrote:  See, Seattle PI - "secret ingredients."

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If you weren't able to join us in Seattle for the conference Marler Clark sponsored in April, here's the next best thing.  We've posted the power point presentations from "Who's Minding the Store: The Current State of Food Safety and How it Can Be Improved" on Marler Clark.

As you'll recall, we had a tremendous array of speakers from the local, national, and international food safety communities - the power points are clickable from the speaker names, so you can browse through by panel and topic.

Thanks again to all of the speakers who shared their time and expertise.  We are considering making this an annual event.  I will keep you posted.

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A summary of the peer-reviewed literature relating to the “pros” of raw milk consumption was posted earlier this month. What about the “cons?” The overwhelming “con” of drinking raw milk according to the literature relates to food safety hazards. The following is an overview of the literature describing pathogens found in raw milk and outbreaks associated with consumption of raw milk and products made from raw milk.

Another possible “con” not well-documented in the literature is cost. First, commercial raw milk demands a premium price in the US with a gallon costing the consumer ~$12 compared with ~$7 for a gallon of organic pasteurized milk and ~$3-5 for a gallon of traditional pasteurized milk depending on the region and other factors. Second, the outbreaks, illnesses, and recalls resulting from raw milk consumption also incur costs for individuals and society:

• Medical expenses for acute care and long-term health problems
• Lost productivity and other indirect costs
• Costs to public health for investigation and control of outbreaks
• Losses to the dairy industry as a whole due to reduced consumer confidence following publicized outbreaks and recalls

Continue Reading...

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Well, just made it back from London and Louisiana for dinner in Seattle.  Should be fun if I can remember what time zone I am in.  Congratulations to all the award winners (including me):

Outstanding Lawyer: William D. Marler, Marler Clark LLP
Outstanding Judge: Hon. Charles J. Delaurenti, II, King County District Court
William L. Dwyer Outstanding Jurist: Hon. H. Joseph Coleman, Washington Court of Appeals
Friend of the Legal Profession: Dean Kellye Y. Testy, Seattle University School of Law
Helen Geisness Award: Charles S. Burdell, Jr., Judicial Dispute Resolution
Outstanding Young Lawyer: Karolyn A. Hicks, Stokes Lawrence, P.S.
Pro Bono Award - Individual: Carl Palmer, McCune, Godfrey & Emerick
Pro Bono Award – Firm: Curran Law Firm
President’s Award: Alene Moris, Social justice advocate

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With the Michigan State Health Department linking Kroger ground beef to many of the illnesses in Michigan (which have also been linked to illnesses in Ohio), Kroger must recall all possibly contaminated ground beef said Seattle food safety attorney William D. Marler.

In 2007 companies voluntarily recalled ground beef products 21 times. The amount of recalled meat was more than 33 million pounds. The goal of a recall is to get the contaminated meat out of people’s homes, especially freezers. According to Marler, with nearly 50 people sickened in Ohio and Michigan E. coli outbreaks, it is irresponsible for a company like Kroger to not recall all potentially contaminated ground beef sold through their stores.

"Frankly, Kroger should recall the ground beef first and foremost for the safety of its customers, but also for self-preservation. If people become ill after Kroger could have recalled its ground beef products, it is exposing itself to a claim for punitive damages for having consciously ignored a known health risk to its customers," said Marler.

Interestingly, within a few hours of the above, this article appeared in the Toledo Blade:

Kroger recalls ground beef over E. coli fears; 32 stricken in Ohio, Michigan

Bill Marler, a Seattle attorney who specializes in E. coli litigation, said it took the USDA and Kroger too long to announce the recall. He said it’s rare for this many people to get sick before the announcement of a recall.

“They have certainly known for days, if not a week, that the epidemiological evidence was very strong that it was hamburger,” he said. “They should have done everything they could to get these products off the market.”

For full recall information visit FSIS.

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We both have made too much money off of hamburgers.  In his case a "Double Hamburger" hanging at the Tate Modern Museum in London (I know, no cameras allowed).

With E. coli O157:H7 sickening over 50 people in Ohio and Michigan in the last months tied to meat recalled in New Jersey, we are seeing in 2008 the "uptick" in E. coli cases that started in 2007.  Frankly, after taking $500,000,000 for the food industry (most of that from the beef industry and restaurants serving beef since 1993, you would think that they would stop allowing me to afford original works of art.

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Although a few thousands of miles away, I could not help thinking about the salmonella Saintpaul outbreak that has sickened over 500 in the US linked to tomatoes grown in Florida and perhaps Mexico (although with one genetic pattern (PFGE) to this outbreak, I am not sure two places sourced the contaminated tomatoes) and an E. coli O157:H7 outbreak that has sickened over 50 in Ohio and Michigan linked to hamburger produced in New Jersey.  I wonder how safe the tomatoes and hamburger are here in London on the Nottingham Street Markets?

Between speeches at the Royal Institute of Public Health here in London and the University of Cardiff in Wales, I have been in contact with the office.  We have had dozens of calls from people both sickened by salmonella and by E. coli - more work to come back to.

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Speech at the University of Cardiff went well.  Weather is like being home in Seattle.  I had time to visit a few castles today that date back well over 1,000 years.  I am thinking this one might well be a good base of operations for Marler Clark - especially if under siege from Corporations, Insurance Companies and their minions.

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I finished my lecture at the Royal Institute of Public Health in London where I received a John Snow tie, coffee mug and label pin (also inducted into the John Snow Society).  On the drive to Cardiff, Wales we stopped to see some rather interesting rocks:

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I am in London today (Sunday 5:00 AM - a bit jet-lagged) and am off to see if I can find the Broad Street Pump - famous because John Snow (a.k.a., father of Epidemiology) figured out that is was the water from the pump that was the vector in the 1854 Cholera outbreak.  Inside the cover of Steven Johnson’s “The Ghost Map” reads:

It is the summer of 1854. Cholera has seized London with unprecedented intensity. A metropolis of more than 2 million people, London is just emerging as a one of the first modern cities in the world. But lacking the infrastructure necessary to support its dense population - garbage removal, clean water, sewers - the city has become the perfect breeding ground for a terrifying disease no one knows how to cure.

But for John Show, my job tracking foodborne illness outbreaks would be a bit harder.  In the map above, I am staying about two blocks North of the intersection of Regent and Oxford - right across the Street from "All Souls Church" (and a Starbucks) on Langham.  I also saw press reports of the final settlement in the Sizzler case from 2000.  A great result on a very sad case.

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Click on the below and you should be able to download my presentation:

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At least pages 182-83, 188 and 196.

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As our Local, State and National Health authorities stumble to find the source of the Salmonella tainted tomatoes, I got an email from some nice person who found the following article about research our government has been doing on Salmonella and Tomatoes - Interesting read:

Animal and Environmental Impact on the Presence and Distribution of Salmonella spp. in Hydroponic Tomato Greenhouses

Submitted to: Journal of Food Protection
Publication Type: Peer Reviewed Journal
Publication Acceptance Date: December 19, 2007
Publication Date: April 30, 2008
Citation: Orozco, L., Iturriaga, M., Tamplin, M., Fratamico, P.M., Call, J.E., Luchansky, J.B., Escartin, E. 2008. Animal and Environmental Impact on the Presence and Distribution of Salmonella spp. in Hydroponic Tomato Greenhouses. Journal of Food Protection. Vol.71(4) pg. 676-683.

Interpretive Summary: Tomatoes contaminated with Salmonella, a pathogenic food-borne bacterium, have been identified as vehicles of human diarrheal illness known as salmonellosis. Contamination of tomatoes can occur at several points from farm to table. Therefore, an investigation examining the sources of Salmonella contamination of tomatoes grown in hydroponic greenhouses in Queretaro Mexico was conducted. The presence of Salmonella was determined on samples of tomatoes, water, soil, sponges, gloves, animal feces, and from the hands and shoes of farm workers. Salmonella was detected in all types of samples, except workers¿ gloves and hands. Methods were used to determine the characteristics of the Salmonella bacteria isolated from the various sources, and a method known as pulsed field gel electrophoresis was used to track the spread of Salmonella contamination from the different sources to the tomatoes. Several types of Salmonella bacteria that have been associated with human illness were identified. Animals, including opposums, mice, and goats and workers' shoes were identified as important sources of contamination of the tomatoes. Furthermore, there was a higher incidence of Salmonella in the greenhouses and on tomatoes during and after a flood, which resulted in water runoff entering the greenhouses. The study demonstrated that contamination of tomatoes grown in hydroponic greenhouses can occur from various sources, and critical control points from farm to table need to be identified to develop strategies to prevent contamination.

As I said before:

"Salmonella and tomatoes have an ongoing relationship," Marler said. "Sadly, it's a long list of outbreaks. We've gotten better at tracing the serotypes and finding the source of the tainted food, but we have to do more: we have to prevent contaminated food from entering the food supply in the first place."

In 1990, a reported 174 salmonella javiana illnesses were linked to raw tomatoes as part of a four-state outbreak. In 1993, 84 reported cases of salmonella montevideo were part of a three-state outbreak. In January 1999, salmonella baildon was recovered from 86 infected persons in eight states. In July 2002, an outbreak of salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games. All were linked to consumption of raw tomatoes.

During August and September 2002, a salmonella newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.

In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states: Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores. In 2006 two outbreaks of salmonella-tainted tomatoes where reported by the FDA. One was blamed for nearly 100 illnesses in 19 states. FDA also traced tomatoes involved in another outbreak involving 183 people in 21 states.

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Off to England and Wales later this week after a stop in lovely Sacramento, California to continue the ongoing battle over the 2006 Dole Spinach E. coli cases.  Here are some of the details of the trip to the "mother land."

Dear Colleagues:

We are delighted to invite you to attend: ‘Caused Food Poisoning? : See you in Court?

What every business should know about the costs of food poisoning’ - the Inaugural British Food Journal Annual Lecture, to be held at the Royal Institute of Public Health, London, on the 17th June 2008 from 11.00 am.

The Keynote Address will be given by Bill Marler.

Bill Marler is the world’s foremost lawyer in the recovery of compensation following outbreaks of food poisoning, and to date has recovered over $0.5 billion for his clients. Bill Marler is the managing partner in the law firm of Marler Clark and has represented thousands of victims of food poisoning. He frequently speaks on food safety around the world and has helped to form Outbreak, a non profit making business dedicated to training companies on how to avoid food borne illness.

An introduction will be provided by Professor Chris Griffith, Editor of the British Food Journal and Head of the Food Research and Consultancy Unit at the University of Wales Institute, Cardiff, followed by the lecture. Refreshments will be provided during which time delegates will have the chance to network and talk to the world‘s foremost authority on the financial consequences of food poisoning. This is a unique UK opportunity for delegates to both learn and potentially save lives, money and businesses. The lecture will be of interest to anyone involved in food safety including businesses, trainers, environmental health practitioners and many others.

I will also be doing a similar lecture in Cardiff, Wales the following day - 'Hot Topics in the Agri-Food Industry."

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I thought it might be helpful to bring a bit of rationality to the "raw milk debate."  Here is a summary of the findings of a review of peer-reviewed literature on the topic of the consumption of raw milk at least the pros:

•    There is substantial epidemiological evidence from studies in Europe that consumption of raw milk products in childhood has a “protective” effect for some allergic conditions (e.g., asthma, hay fever, eczema); other factors associated with living on a farm such as contact with animals and barns showed a similar effect in these studies.  Plausible explanations for these observations exist including the “hygiene hypothesis” and modulation of the immune system early in life.  At the same time, no author recommends raw milk as a preventive measure for allergies at this time because of the potential hazards due to foodborne pathogens such as EHEC and Salmonella  known to occur in raw milk.  The body of literature suggests that further studies are needed to identify the specific factors in raw milk (and other farm exposures) that lead to a protective effect for allergic conditions.

•    No articles could be found substantiating an increased risk of autism due to pasteurized milk or a protective effect from raw milk consumption, respectively.

•    Probiotics are increasingly recognized in the literature as an effective approach for managing some gastrointestinal and allergic conditions.  Specific criteria that define “probiotics” have been published and raw milk does not fit this definition.  No articles suggested that raw milk should be used as a probiotic.

•    Raw milk and cheeses may contain microflora (“beneficial bacteria”) that produce metabolites and other antibacterial compounds that may be toxic to foodborne pathogens.   The presence and quantity of these specific compounds, the bacterial species involved, and the log reduction for different foodborne pathogens from these bacteria/compounds has not been defined in raw milk; therefore, these properties cannot be considered a substitution for a “kill step.”

•    Although studies have shown modest reductions in some vitamins and other nutrients after pasteurization of milk, these changes are insignificant according to a review by Potter et al (1984), human nutrition studies have shown no advantage of raw over pasteurized milk.  A review of more recent literature did not reveal any changes in this position.

•    No references could be found to support some benefits reported by raw milk advocates such as promotion of tooth development/reduction of dental caries; enhanced fertility; or existence of an undefined substance to protect against arthritis (“anti-stiffness” factor)

Detailed Literature Review of the “Pros” of Raw Milk Consumption:

Continue Reading...

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King County Bar Association
By: Karen Sutherland

Bill Marler, a founding partner of Marler Clark, LLP, is being recognized by the KCBA as this year’s Outstanding Lawyer for his efforts to educate health officials, the community and the food service industry on how to avoid outbreaks of food-borne illnesses and the lawsuits that result from them. Marler’s efforts are unusual in that his practice focuses on representing individuals who have suffered the effects of food-borne illnesses such as E.coli, shigella, listeria and Salmonella, which means that if he is effective in his mission, he will put himself out of business.

Marler first became well known for his legal work involving food-borne illnesses with his representation of Brianne Kiner and other plaintiffs in the Jack in the Box E. coli litigation, which started in 1993. In 1998, he represented three children who became ill after drinking Odwalla juice. Since then, he and his firm have represented many more individuals, who have suffered from a variety of food-borne illnesses, caused by an equal variety of sources, since then.

Marler’s outreach efforts are far beyond what one would expect from an attorney. He is widely quoted in the media, from publications such as The Wall Street Journal and the Puget Sound Business Journal to broadcast media such as CNN’s American Morning. In 1998, Marler and his partners formed Outbreak, which is a non-for-profit consulting company. Outbreak shares its expertise in food-borne illnesses and related legal topics with public health departments, physicians and the food service industry.

Marler speaks at conferences and seminars around the world, including such varied venues as the North Dakota Environmental Health Conference, the Australian HAACCP Conference, the American Association for Justice Annual Convention in Chicago, and Ag Forum luncheon in the Salinas Valley’s national Steinbeck Center and the Minnesota Environmental Health Association in St. Paul – and that list of speaking engagements only covers part of 2007. It’s a wonder he finds time to practice law.

The internet has also been well used by Marler in his educational efforts. He and his partners have developed several Web sites devoted to providing information about food-borne illnesses, including symptoms, detection and prevention, and information about recent outbreaks. The Marler Clark firm also sponsors numerous blogs on issues ranging from Norovirus (previously called Norwalk Virus), which is the bane of the cruise industry, to Mad Cow Disease (BSE). Marler writes on topics such as “What to do about the ‘Mad Cow’” and opinion pieces calling upon the FDA to require sprout labeling and a ban on unpasteurized juices following outbreaks of Salmonella involving both products.

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I (www.billmarler.com) am off to Eastern Washington a bit later this morning to give a talk at the “Farm-to-Table” Conference. My talk is on “Hot Topics in Food Illness Litigation.” It is also a bit of a homecoming – I spent six years at WSU getting three bachelor degrees, four years on the Pullman City Council and eight years as a WSU Regent. The Conference topics are:

The Food Safety: Farm-to-Table Conference is back! The conference was initiated in 1991 and is offered through a collaborative effort between Washington State University and the University of Idaho. National and regional speakers present information on a variety of food safety issues, offering a professional development opportunity for state and local health authorities, Extension employees and food industry professionals. The conference offers networking opportunities to strengthen food safety partnerships in the Pacific Northwest. Topics reviewed at previous conferences include the following:

* Foodborne pathogens, such as Salmonella, E. coli O157:H7 and Campylobacter

* Food safety management programs, such as HACCP and Good Agricultural Practices (GAPs)

* Food-specific food safety concerns, including produce and seafood

* Regulatory aspects of food production

* Foodborne outbreaks

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Someone sent me this photo and asked me to guess where it is?  Other than heaven?  Where?

Another friend/attorney's kid just got elected President of his High School class - great to see he took after his mom.

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Next week I (www.billmarler.com) will be speaking at the University of Minnesota College of Agriculture, Food, and Environmental Sciences on Tuesday, May 6 at 3:00 PM.  (PowerPoint).  I am a guest lecturer in the Food: Safety, Risk, and Technology class taught by distinguished professor Dr. Ted Labuza.

As those who frequent my blog, I travel widely to address industry, government, and consumer groups in an effort to improve food safety nationwide thought Outbreak Inc.  Next week I will be speaking to the class on the litigation aspects of food safety, including when a person can sue for dangerous or defective goods, federal vs. state litigation, how I choose cases to take on, and what guidance I give to industry on avoiding food borne illness outbreaks.  This is the second time I have traveled to the Twin Cities to address the students of Dr. Labuza’s class.

Marler Clark, is involved in food borne illness cases around the country and represent a number of Minnesotans who have become ill from eating contaminated food.  Several Salmonella outbreaks have infected Minnesota residents, including ConAgra’s Banquet Pot Pies, Veggie Booty snacks, and food consumed at a Rochester Quiznos.  In addition, the firm represents Minnesotans who have been infected with E. coli O157:H7 in cases against Dole, Nebraska Beef, PM Beef Holdings, AFG/Supervalu, Cargill Meat Solutions, as well as Taco John’s and China Buffet restaurants.

Go Golden Gophers.

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Thank you Governor Locke and thank you WSTLA for this honor.  For those who know me well, know that this honor is not mine alone. It is an honor shared with my law partners, Bruce Clark, Denis Stearns and Andy Weisbecker and associates and staff who have all long suffered in my presence.  Thanks to my wife of 20 years, Julie, who kept food on the table and the mortgage nearly always paid before the Jack-in-the Box case settled in 1995.  Thanks to my beautiful, talented and strong daughters, Morgan, Olivia and Sydney. Thank you for not making me feel too guilty for missing more than my fair share of your events.  A very special thanks and honor to my Mom and Dad. Dad, I am glad that you have tolerated me for nearly 51 years.  In closing, I want to share with you a letter I recently received from the daughter of a Nebraska woman who died of an E. coli infection after eating something as simple as a spinach salad in 2006:

“Dear Bill:

As we approach the conclusion of Ruby’s case, I wanted to thank everyone there for your work on behalf of my family. Though this letter is addressed to you, it is meant for everyone at the firm. It takes a dedicated and very hardworking team to collect, sort, file, retrieve, assemble, analyze and present all the material involved in an action such as this. Though I know this case came at an extremely busy time for Marler Clark, each of you accomplished your work with seeming ease, all the while making us feel as though we were your only client.

However, the real joy in our association with Marler Clark was the tremendous effort each of you exerted in trying to effect positive change within the food industry. Your work to assure food purity along the entire food chain, from production, packaging, shipping and preparation, really sets the Marler Clark team apart from the crowd.

Though nothing will bring my mother back and no amount of money could ease the heartache of losing her, your efforts have been very fruitful. Having her illness and death held up to the light, for all to see, has done a great deal to create awareness and remedy the problem of leafy green E. coli illness and death. Television programs from both Dateline and CNN were viewed by millions, California continues to move toward adoption of three critical pieces of food purity legislation, the Federal Government is aware of the problem, Natural Selection Foods conducts pre-packaging purity testing and hopefully, we are a few steps closer to the acceptance of irradiation. I am confident that these changes were initiated or greatly accelerated because of Marler Clark’s proactive crusade for safer food supply.

At the end of the game each of you can be glad of the legal victories you achieve on behalf of your clients. But your real pride should come from the knowledge that you have helped make the world a better place and saved many from the ravages of poisoned food. My family hopes that no one should go through what my mother did; each of you has helped bring that dream closer to reality. We give our thanks to each and every one of the Marler Clark team!”

As you can well imagine, I am proud to be associated with the people in my firm. I am proud to be a trial lawyer. I am proud that as trial lawyers we all give voice to people like Ruby. Thank you.

The bust is of Justice Louis Brandeis and the inscription reads:  "In recognition of your trail blazing efforts to keep our nation's food supply safe for consumers."

Also, just revamped www.billmarler.com.

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William Marler, managing partner of Seattle-based Marler Clark, has been selected for a prestigious law award recognizing his work on behalf of a safer food supply. The Washington State Trial Lawyers Association (WSTLA) has selected him for the 2008 Public Justice Award, which is bestowed upon "an individual or organization whose efforts, courage, litigation, or innovative work results in the creation of a more just society." The award will be presented to Mr. Marler at the May 1, 2008 Law Day Dinner.

An accomplished personal injury lawyer and national expert in foodborne illness litigation, William Marler has been a major force in food safety policy in the United States and abroad. His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce.

Mr. Marler and his firm, Marler Clark, recently sponsored a two-day conference on food safety titled "Who's Minding the Store: The Current State of Food Safety and How it Can be Improved." The Seattle conference brought together national and local representatives of government, industry, consumer organizations, scientists, and the media. In addition, the conference featured a panel of international experts from China, New Zealand, the UK, and the European Union in a discussion of food safety in the global marketplace.

Mr. Marler was also recognized this year by the King County Bar Association (KCBA), which has selected him for the 2008 Outstanding Lawyer Award. The KCBA will present Mr. Marler with the award on June 26, 2008 at their annual awards dinner.

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Goodness, I have been selected for two prestigious law awards. The Washington State Trial Lawyers Association (WSTLA) has selected me for the Public Justice Award, and the King County Bar Association will give me the 2008 Outstanding Lawyer Award.

WSTLA bestows the Public Justice Award to “an individual or organization whose efforts, courage, litigation, or innovative work results in the creation of a more just society”. The award will be presented at the May 1st Law Day Dinner. The Washington State Trial Lawyers Association represents attorneys and professionals in the legal field committed to champion the cause of those who deserve redress for injury to person, property or civil rights. Established in 1953, the association conducts legal education, compiles research, facilitates the sharing of resources, and implements the public affairs as well as government relations programs.

The King County Bar Association will present  me with the 2008 Outstanding Lawyer Award on June 28th at their annual awards dinner. The King County Bar Association provides support to its diverse membership; promotes a just, collegial, and accessible legal system and profession; works with the judiciary to achieve excellence in the administration of justice; strives to benefit the community through its own efforts and those of its Foundation; and offers opportunities for public service and input into matters of public policy. Founded in 1886 and incorporated in 1906, the King County Bar Association is the largest voluntary bar association in the state of Washington, with approximately 6,000 members.

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OutBreak is a unique not-for-profit consulting company based on a radical notion: that the same lawyers who sue on behalf of victims of foodborne illness are best suited to help responsible companies with their food safety challenges.

In 1998, the Marler Clark attorneys formed OutBreak, a not-for-profit consulting firm dedicated to training companies how to prevent foodborne illness outbreaks among their customers. Since that time, the lawyers have given speeches at meetings and annual education conferences for a long list of industry groups, including the National Restaurant Association and the American Meat Association.

In recent years, OutBreak presenters have expanded the scope of their talks to include topics appropriate for meetings of organizations such as environmental health associations and FDA-sponsored Regional Retail Food Seminars. Members of these groups have learned about such topics as potential liability for negligent inspections and the intersection between the law and public health.

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Since 1993, Marler Clark has represented thousands of clients in litigation against restaurants and food companies whose food was identified as the source of illness. We strive to obtain full and fair compensation for our clients’ injuries by ensuring that our clients are compensated for their physical and emotional injuries, as well as for medical expenses and missed time from work. We often represent children who will require medical monitoring and surgical procedures throughout their lives, and we work to secure settlements or verdicts that will provide for their long-term medical needs.

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Reuters reports that China is considering a food safety law that provides for penalties of up to life imprisonment for people responsible for the production of substandard food.  Lesser violations of the law could incur fines, confiscation of income from sales of substandard products, or revocation of licenses.  See full article - China food safety law to allow for life in jail.

You have to admit that if US food corporate executives faced prison time for sickening customers, perhaps food safety would be a bigger part of the corporate agenda.

I look forward to attending (and co-sponsoring) the following Conference in China:

The description of the conference is:

Food safety is a worldwide issue that can benefit greatly from collaboration, standardized approaches, and common solutions. In many countries, food safety awareness is at an all-time high. New and emerging threats to the food supply are constantly being discovered, and our food supply is becoming increasingly global. Achieving food safety success in this changing environment requires novel prevention strategies, greater harmonization and more collaboration at the international level than ever before.

Picture from last year's Conference (I'm in the middle, back row):

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Andrew Schneider, crack investigating reporter and ubber-blogger, posted today on his coverage of the Seattle University Law School Food Safety Conference – “Who’s Minding the Store?  See his coverage at:

Secret Ingredients - Experts in food safety describe a problem that's hard to control, misunderstood by the public and too dangerous to ignore.

Me, I liked this point the best:

Seattle lawyer and national expert in food borne illness litigation, William Marler, hosted and organized the conference. When I asked three of the high-ranking national and international officials why they agreed to speak at a continuing education program for lawyers, they all said that Marler has been a major force in changing food safety policies in the United States and abroad.

Hopefully for the better.

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