Header graphic for print
Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Have we seen the last of the Spinach E. coli cases?

Yesterday, the Packer online newspaper reported on yet another settlement in the 2006 Dole Spinach E. coli case.  I had a chance to talk with the reporter on the scope of the outbreak and, what appears to be, the end of the litigation:

“My understanding is that there are no more lawsuits out there,” he said. “The (Centers for Disease Control and Prevention’s) final numbers on the outbreak were 205 people sickened, with four or five deaths. But less than 100 filed claims. If the rest are adults, the statute of limitations has passed and they can’t bring claims. Kids can still bring claims from two to three years after they turn 18.

“But most people who eat raw spinach are adults. My strong suspicion is that Dole, Mission Organics and Natural Selection will face no further claims.”

Marler said his firm represented about 70 plaintiffs in the outbreak. He declined to specify settlement amounts.

It does seem clear that Dole, et al may have dodged over 100 claims, but the real question is if we have seen th last of the Spinach E. coli cases?