Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

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 of increased testing and inspection of Canadian meat, after finding no problems in the first week or so, a USDA official said today.” Wow, after nearly killing 40 people in the US in the Topps E. coli outbreak (and, no one is counting the 44 sick and 1 dead Canadian), and after one whole week of testing, our government decreases testing AND allows meat to be shipped to consumers BEFORE test results even come back.

Mr. Roos also reported that, despite hundreds of people sickened in the US in 2007 and over 30 million pounds of meat recalled, the “USDA is not considering requiring American meat companies to hold meat until pathogen testing is completed, contrary to a recent news report…. the USDA has long had guidelines recommending that companies hold meat until test results come back, "but it's not something we require."

Does anyone wonder why people think government is useless?

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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.

Marler made it clear that he's keenly interested in prodding the food industry to improve because his heart has been broken by the victims he has represented. Marler was further cited as saying that the publicity surrounding the cases he has brought to trial has probably done more to improve food safety than the multi-million-dollar penalties companies face, adding, "They have insurance."

Marler told of a country club meeting with the president of Chi Chi's to negotiate an out-of-court settlement involving scallion-based food poisoning of hundreds of the restaurant chain's customers. The man's "face turned white" when a club member stopped their table to offer a greeting, was introduced to Marler and asked whether they were meeting "over all those people who got sick and died."

Marler said in many food-company cases, inspection reports confirm that there have been shortcomings, sometimes for years, that have been ignored.
Marler said the 2002 jury award of $25 million to consumers poisoned by E. coli O157:H7 in ConAgra product "was a turning point."

He said the incidence of E. coli 0157:H7 has declined significantly in meats since the high-profile lawsuits, but there is a rising tide of cases involving sprouts and fresh fruits and vegetables.

There is also an increase in cases involving salmonella.

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Canadian officials said Tuesday that they had found a new case of mad cow disease, a report made more worrisome because the cow was born after feed restrictions intended to prevent the spread of the disease were put in place in 1997.

It was the second infected cow from the western province of Alberta found in the two weeks since the Bush administration announced that it would soon allow imports of young Canadian cattle, for the first time since the initial case was found in May 2003. But in the other recent case, the cow was nearly 8 years old, born before the feed restrictions.

The new case is likely to strengthen a legal challenge to the administration's decision, which as of March 7 would allow the import of cows under the age of 30 months as well as of an expanded variety of beef. The challenge, filed Monday by a group of Montana ranchers, said the import of Canadian livestock would endanger public health and American cattle.

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