Marler Blog : Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

Isaiah Peters is usually an active little boy. The 3 1/2-year-old red-headed youngster loves to kick his soccer ball around the backyard and play “Guitar Hero.” But instead, Isaiah is lying in a hospital bed in Minneapolis, where he is fighting through a painful illness, H.U.S., a complication of E. coli that can cause kidney failure. Since that time, Isaiah’s little body has withstood dialysis, transfusions, excruciating abdominal pain, IVs, catheters, pneumonia and more at the Children’s Hospitals and Clinics of Minnesota.

“All fingers are pointing to the exotic petting zoo that was in Brandon,” Jon Peters said. “Isaiah rode a camel and fed the goats there. Never would we have imagined we would be here after a silly petting zoo.” It is simply too bad this is happening again, we have seen too many E. coli cases linked to petting zoos and fairs over the years – see www.fair-safety.com.

An account to help the family has been set up at The First National Bank in Brandon. The account is titled “Welcome Home, Isaiah.”

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I'm quoted by Beacon Journal medical writer Tracy Wheeler's recent article Avoid Zoo Fever, which addresses the issue of fair safety precautions -- like handwashing -- to avoid getting E. coli at petting zoos and fairs. She also addresses the hidden risks, which handwashing won't help.

From the article:

Sometimes, though, the risk is hidden. Consider what happened at the Medina County Fair in 2000, when 27 Northeast Ohioans were sickened by E. coli-contaminated water and ice used by vendors. The problem occurred when water near the cattle barn was siphoned into the water lines by hoses left lying in puddles. Washing their hands after petting the cows wouldn't have helped them at all.

``So what do we do?'' asked Seattle attorney Bill Marler of the Marler Clark firm, which files lawsuits nationwide related to bacterial illness. ``Banish the county fair? Close down petting zoos?''

No, he said. But state legislatures should pass laws requiring hand-washing stations, signs explaining the threat of E. coli and other pathogens and the risk to small children, sanitary walkways and railings, ventilation in buildings to reduce airborne contamination, and a ban of food sales near areas where there is contact with animals.

Only Pennsylvania has passed such legislation.

``Perhaps these laws won't eliminate the risk to public health,'' he said, ``but for a minimal investment, organizers can reduce the risk of sending kids to the hospital -- or worse.''

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The North Carolina Department of Agriculture has just taken a bold, yet small, step to try and prevent a repeat of last year's outbreak that sickened nearly 100 people, mostly children, who were stricken with E. coli O157:H7 after visiting a petting zoo at the North Carolina State Fair.

The Department of Agriculture announced new guidelines for human-animal interaction at fairs and petting zoos yesterday. It will require the separation of animals and children at petting zoos, as well as the presence of multiple hand washing stations and warnings to the public of the risk of disease spread by animals. These guidelines all make sense, but they are only guidelines.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There's nothing more American than a State or County Fair. From Washington and North Carolina to New York and Florida, countless numbers of children visit their local Fairs to ride the rides, feast on cotton candy and hot dogs, and visit those cute farm animals at the petting zoos. Unfortunately, some of the children will get very sick from doing a very simple act - petting those animals. And the sickest ones, most of them very small children, may be close to death before their doctors identify the cause - a relatively new strain of deadly bacteria known as E. coli O157:H7.

So what do we do? Banish the county fair? Close down petting zoos? Fair organizers and petting zoo owners need to take some rather simple and inexpensive precautions. North Carolina Department of Agriculture has just taken a bold, yet small, step to try a prevent a repeat of last years nearly 100 people, again mostly children, who were stricken with E. coli O157:H7 after visiting a petting zoo at the North Carolina State Fair. Separation of possibly infected animals and children is a positive step. Adding multiple hand washing stations and warning the public of the risk of disease spread by animals all makes sense, but they are only guidelines.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As spring beckons and families begin flocking to petting zoos, fairs, and other animal venues, a few people are coming down with serious illnesses. Some of the latest incidents occurred in Florida, where 60 people in 18 counties have confirmed or suspected cases of E. coli-related illness. The sources were petting zoos in three central Florida counties, and children have been the most vulnerable.

Similar incidents seem to be on the increase, says Jeff Bender, an assistant professor of veterinary public health at the Univ. of Minnesota and co-chair of a March 25, 2005, report published by Centers for Disease Control, prepared by the National Association of State Public Health Veterinarians, and endorsed by the Council of State and Territorial Epidemiologists and the American Veterinary Medical Association.

A list of about two dozen documented incidents in the past decade or so (in IL, MN, OH, NC, NY, OH, OR, PA, TX, WA, WI, the Canadian provinces of British Columbia and Ontario, and a few overseas locations) has been assembled by a Seattle law firm (Marler Clark, William Marler, 206-346-1890). Some of these incidents, which affected a total of more than 1,000 people, are highlighted in the CDC report.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Marler Clark, the Seattle law firm representing several victims of the recent Florida E. coli outbreak, is calling on legislators nation-wide to put into law requirements for the protection of petting zoo visitors.

Proposed requirements include increasing signage and warnings about health risks associated with human-animal contact, providing adequate handwashing facilities at strategic locations throughout petting zoos, and designing petting zoos with the intent of reducing the risks of human contact with animal feces. An outline of proposed requirements is available at the Marler Clark-sponsored Web site www.fair-safety.com.

"I realize the measures we are proposing might seem extreme," said William Marler, managing partner of Marler Clark. "But we're looking at this from the standpoint of having represented dozens of children who visited petting zoos and ended up with kidney failure and life-long medical conditions."

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As the Times reported in their article "Seattle lawyer says his client may join other cases against Ag-Venture Farm Shows," Marler Clark filed a suit on behalf of Yvonne Miller, an Orlando mother of three, alleging Ag-Venture should have done a better job protecting fairgoers from exposure to pathogens.

As the number of people who have fallen ill after attending festivals in Orange and Hillsborough counties continues to rise, lawsuits are trickling in. The Times reports that in Orange County, where the majority of the stricken live, at least three lawsuits have been filed against Plant City-based Ag-Venture Farm Shows, the suspected source of the bacteria outbreak. Ag-Venture provided petting zoos at the Florida Strawberry Festival in Plant City, the Florida State Fair in Tampa and the Central Florida Fair in Orlando.

Statewide so far, there are 24 confirmed cases of E. coli infection - 20 of which have been linked to the same source - and 40 suspected cases, Florida Health Secretary John Agwunobi said Monday. Lab tests showed that the strain of E. coli that Miller contracted matched genetically with the 19 others. As I told the Times reporter, I may join lawyers who have also filed lawsuits on behalf of other victims to consolidate the cases.

From the article:

Meanwhile, Marler, the attorney, said petting zoos need to do more to prevent outbreaks, and that it is difficult for parents to keep toddlers' hands out of their mouths.

"They're sitting in ICU with their kids on dialysis and they're hearing it's their fault for not having their kids wash their hands," he said.

"The reality is, trying to keep their hands washed constantly, not just wiping them down with a handy wipe, it's a very difficult task. In these kinds of scenarios, where it's basically an animal free-for-all, you can't expect hand washing to be perfect."

Marler said in 2002, at the Oregon State Fair, there wasn't a petting zoo, but 85 people who walked through a small animal barn fell ill.

"I represented kids who never got out of their strollers," he said.

Marler added that he wants to see stricter guidelines imposed on petting zoos, like keeping them cleaner, having hand-washing stations with hot water and posting more signs warning parents of the risks.

"We're just not doing enough to protect the kids," he said. "Frankly, the industry isn't doing enough to protect itself."

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On Wednesday, the Orlando Sentinel reported that at least five children were in critical condition in Orlando-area hospitals with Hemolytic Uremic Syndrome, a potentially life-threatening cause of kidney failure. All visited a petting zoo the week before they became ill.

There's nothing more American than a petting zoo. Countless numbers of children visit petting zoos to have a hands-on experience with farm animals every year. Unfortunately, some children become ill with E. coli O157:H7 infections - the leading cause of Hemolytic Uremic Syndrome in North America. In fact, it is estimated that five to ten percent of persons who become ill with E. coli infections develop Hemolytic Uremic Syndrome.

Most people identify E. coli with undercooked ground beef, but it's not that simple. E. coli infections are caused by the ingestion of fecal material. So a burger becomes contaminated during the slaughtering process, and children can become infected while playing with livestock that are shedding the bacteria. Just as proper sanitation in slaughterhouses is essential in preventing foodborne illness outbreaks, good hygiene and sanitation in areas where livestock are held are of utmost importance in preventing E. coli outbreaks among petting zoo visitors.

Lightning does strike the same spot twice, or even more often.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There's nothing more American than the county fair. From Washington and California to New York and Texas, countless millions of people are visiting their local fairs to ride the rides, feast on cotton candy and hot dogs, and to visit those cute farm animals.

Unfortunately, some of the visitors to fairs will get very sick. And the sickest ones, most of them small children, may be close to death before their doctors identify the cause - a relatively new strain of deadly bacteria known as E. coli O157:H7.

Most people identify this pathogen with undercooked hamburgers from fast food restaurants. But as a lawyer who has represented thousands of victims of food-borne illness, I have learned that people, especially children, can be infected in a variety of ways - including attending a local county fair or petting zoo.

Any place where people come into contact with farm animals must be considered high risk. The track record speaks for itself. Since 1995, thirteen outbreaks of E. coli O157:H7 have been reported at fairs and petting zoos. Thousands have been sickened. Many escape with a bad case of diarrhea and cramps. But some, mostly kids, have suffered permanent damage to their kidneys.

And some have died.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

NBC17.com also did a story about my Crossroads Farm Petting Zoo lawsuit. From their article:

"Twenty-four outbreaks have been linked to fairs and petting zoos since 1995," said attorney William Marler, of the Seattle law firm Marler Clark. "Any operator of a petting zoo should be well-versed in the ways of preventing E. coli infections among their patrons and should have procedures in place to do just that. At this petting zoo, procedures were woefully inadequate to prevent an outbreak."

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was featured in the Food Protection Report (December 2004 Vol. 20 No. 12), talking about E. coli O157:H7 and fair outbreaks, specifically regarding the prevention measures taken after the 2002 Lane County outbreak in Oregon... and how kids are still getting sick, even when the fair-runners do everything right.

"I think counties and states may have to reassess whether it is worth having fairs, petting zoos, and other events that bring people in close contact with animals," suggests prominent food litigation lawyer William Marler of the Seattle law firm Marler Clark. "I know it sounds un-American, but we are now having outbreaks of E. coli O157:H7 linked to these events almost on a yearly basis," Marler told Food Protection Report.

Infections picked up at events where people and animals mingle can spread throughout the community. Since 1998, at least seven E. coli O157:H7 outbreaks have been traced to fairs. The most recent outbreak occurred in North Carolina, where an investigation is ongoing.

Although the specifics of each E. coli outbreak at fairs differ, Marler says, they all have a common denominator and the pathogen lurks in ways that were not seen decades ago. A 2003 study by USDA found E. coli O157:H7 was not only commonly present at fairs but that levels of the bacteria were similar to those found in commercially reared livestock, which surprised researchers.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There's nothing more American than the local fair. Countless millions visit them each year for the rides, the delectable goodies, and for some up close and personal -- sometimes even hands on -- time with the farm animals. What fair-goers are finding out though, and often through devastating illness rather than education, is that the irresistible petting zoos and livestock exhibitions, which attract more children than anything, often harbor the lethal bacteria E. coli O157:H7. For the sake of the kids, we must turn our attention to this undeniable health concern.

Most people associate E. Coli O157:H7 only with undercooked hamburgers from fast food restaurants. As a lawyer who has represented thousands of victims of E. coli poisoning, however, I have learned that the problem is not so confined. Infection can occur in a variety of ways, including attendance at a petting zoo or the livestock barn at the county fair, and those most vulnerable are our children..

Any place where people come into contact with farm animals must be considered high risk for exposure to E. coli and other poisons. The track record speaks for itself. Since 1995, fifteen outbreaks of E. coli O157:H7 have been reported at fairs and petting zoos in the United States (see www.fair-safety.com). Hundreds have been sickened. Many escape with a bad case of diarrhea and cramps; but some, mostly kids, suffer permanent kidney damage due to a complication of E. coli infection called Hemolytic Uremic Syndrome (HUS).

Some have even died.

In 2003, 24 people fell ill with E. coli O157:H7 infections after attending the county fair at Fort Bend, Texas. Illness was not linked to food. Investigators found, instead, that all ill individuals had visited animal exhibition areas at the fair. Further investigation revealed that both the rodeo and animal exhibition areas were saturated with E. coli O157:H7.

In 2002, in what is believed to be the largest E. coli outbreak in Oregon state history, at least 82 people became sick after attending the Lane County Fair in Eugene, Oregon. Most were young children, and 22 were hospitalized. Of those who were hospitalized, over half experienced kidney failure. Oregon Health Services eventually traced the infections to the goat and sheep exposition hall, and investigators believe the bacteria were possibly transmitted through the ventilation system.

In 1998, at least 781 people became ill after attending a fair in Washington County near Albany, New York. Of those, 71 were hospitalized and two eventually died from kidney failure. The cause: water contaminated by a neighboring farm.

The list goes on - Pennsylvania, Wisconsin, Ohio - each outbreak beginning with livestock and other farm animals. In 2001, observing the dangerous trend, the CDC warned operators of petting zoos and county fairs to clean up.

The warning, however, has gone unheeded, and lessons from previous outbreaks are unlearned. Now it is North Carolina with over 100 children sickened at a recent livestock exhibition.

Those farm animals may be cute, but they can also carry a deadly pathogen. A recent United States Department of Agriculture study of over 20 County Fairs found E. coli O157:H7 in 13.8 percent of beef cattle, 5.9 percent of dairy cattle, and slightly smaller percentages of sheep, pigs and goats - nearly the same percentages found in animals in feed lots. How many of us would take our kids to visit and pet animals in a feed lot?

Imagine how government would respond if the same number of people had been injured from falling off merry-go-rounds. Those wooden horses would grind to a halt and the lawyers would have a field day. But when people suffer from E. coli O157:H7 poisoning, fair and petting zoo-related outbreaks are ignored. Why?

Ignoring the risks involved with human-animal contact and allowing outbreaks to continue makes good business for lawyers like me. But I'll gladly give up that business if it means not having to see four-year-olds hooked up to kidney dialysis machines. So what do we do? Banish state and county fairs? Eliminate Petting Zoos? Of course not. But fair organizers can take some rather simple and inexpensive precautions.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There's nothing more American than the county fair. From Washington and California to New York and Texas, countless millions of people are visiting their local fairs to ride the rides, feast on cotton candy and hot dogs, and to visit those cute farm animals.

Unfortunately, some of the visitors to fairs will get very sick. And the sickest ones, most of them small children, may be close to death before their doctors identify the cause - a relatively new strain of deadly bacteria known as E. coli O157:H7.

Since 1995, thirteen outbreaks of E. coli O157:H7 have been reported at fairs and petting zoos. Thousands have been sickened. Many escape with a bad case of diarrhea and cramps. But some, mostly kids, have suffered permanent damage to their kidneys.

And some have died.

A year ago, at least 82 people became sick after attending the Lane County Fair in Eugene, Oregon. Most were young children, and 22 of them were hospitalized - twelve with kidney failure.

Oregon Health Services eventually traced the infections to the goat and sheep exposition hall, and investigators believe the bacteria were possibly transmitted through the ventilation system.

In 2000, at least five children were sickened after visiting a petting zoo in Snohomish County, Washington. The cause was not determined, but the children ate their lunches after petting the animals.

In August of 1998, at least 781 people became ill after attending a fair in Washington County, near Albany, New York. Of those, 71 were hospitalized and two eventually died from kidney failure. The cause: water contaminated by a neighboring farm.

The list goes on -- Pennsylvania, Wisconsin, Ohio, each sickening people with a bacterium carried by livestock. In 2001 the CDC warned operators of petting zoos and county fairs to clean up.

So what do we do? Banish the county fair? Of course not. But fair organizers can take some rather simple and inexpensive precautions.

Perhaps these precautions won't eliminate the risk to public health. But, for a minimal investment, organizers can reduce the risk of sending kids to the hospital - or worse. And, at the same time, they can put lawyers like me out of business.

• Email This
• Print
• Comments
• Trackbacks
• Share Link