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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Family sues over E. coli; NURSING HOME DEATH LINKED TO OUTBREAK

As Joshua L. Kwan reported in his San Jose Mercury News story Woman’s son sues over E. coli death, the son of an 85-year-old woman who died last year during an E. coli outbreak at a Portola Valley nursing home has sued the food service company that supplied contaminated spinach to the home.

”The wrong is that someone got sick,” said Bill Marler, an attorney for McWalter’s family. ”And it came from food that these people served,” he said about Sodexho. ”In a sense, it’s case closed.”

Keith McWalter said his mother complained of abdominal pain when he visited her Oct. 12. She was hospitalized Oct. 10, but residents weren’t warned of a possible E. coli outbreak until Oct. 13. Matsumoto said the home did not receive test results indicating an E. coli problem until Oct. 13.