E. coli O157:H7 in Bagged Spinach - Its Impact on One Woman

Official word of the bagged spinach outbreak broke with the FDA’s announcement, on September 14, 2006, that a number of E. coli O157:H7 illnesses across the country “may be associated with the consumption of produce.”

Meanwhile, the FDA and CDC, in conjunction with local and state health agencies from across the country, worked feverishly to figure out the brand names associated with illness. Early statistical analysis suggested that many brands were implicated, but the spinach sold under the several brand names had all come from the Natural Selection Foods processing center in San Juan Batista, California. Accordingly, Natural Selection recalled all of its spinach products with “use by” dates from August 17 to October 1, 2006. The recall, of course, included Dole brand spinach. But further data and study ultimately narrowed the possible sources of the outbreak down to one brand of packaged greens: Dole.

Ultimately, the FDA confirmed 205 outbreak-related cases, with 102 hospitalizations, thirty-one cases of HUS, and five deaths, though the actual number of people affected by the outbreak was certainly much larger. This is the story of one of those cases.

Posted on January 26, 2009 by E. coli Attorney
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Dole Spinach Settlement Talks Continue

As Dawn Withers of the Salinas Californian wrote this morning, “E. coli cases at talk stage,” I am actually in Salt Lake City meeting with representatives from Dole, Natural Selection Foods and Mission Organic and their insurers to talk about resolving several cases involving Hemolytic Uremic Syndrome. As Dawn wrote:

Bill Marler, a Seattle-based attorney handling the cases of people made ill from tainted spinach, said 51 cases have been settled and another 21 are pending. Six will be the focus of the negotiations this week, he said Wednesday.

“We’ve been working through them, and it hasn’t been without controversy,” Marler said.
Marler said the negotiations for monetary compensation, which are confidential, are complex because some his clients face kidney transplants in the future and lifelong complications from kidney damage caused by the bacteria in the tainted spinach.

“We’re trying to figure out what the right amount of money is to compensate a 4-year-old who will lose her kidneys,” he said.

We in fact were able to resolve all six of the cases today in spite of much gnashing of teeth.  I had a quick chat today with the FOODSNARK about Spinach, E. coli and life in general.

Posted on December 13, 2007 by Bill Marler
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E. coli's effects linger

This article at the Monterey Herald gives a comprehensive assessment on the problems faced by the lettuce and spinach industry of Salinas over the next year - a solution needs to be found.

From the article:

Bill Marler, a partner in the Seattle law firm Marler Clark, who has represented victims in high-profile foodborne illness lawsuits against Odwalla and Jack in the Box, said he doesn't think San Juan Bautista-based Natural Selection has enough insurance to cover victims' claims, which he estimates at more than $100 million.

The result, Marler said, is that Dole -- for whom Natural Selection processed and packaged spinach and whose bagged spinach has been the only brand to which investigators have traced the E. coli strain -- will eventually have to cover some claims.

"The problem for Natural Selection," he said, "is for every dollar Dole pays, they are going to want it out of Natural Selection's hide."

To protect themselves from paying back Dole, Marler predicts that Natural Selection -- parent company of Earthbound Farm, the largest grower-shipper of organic produce in the country -- will need to file for bankruptcy.

Posted on October 15, 2006 by Bill Marler
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Tougher Regulation of State's Produce Industry?

More thoughts on yesterday's hearing:

I have concerns despite the 4 deaths and over 200 illnesses that some politicians may simply fiddle while more spinach and lettuce is grown and more customers are sickened and more businesses go bankrupt (watch for that next).  Yesterday's hearing was more telling by who did not attend - most of the committee, DOLE, Natural Selection (under FBI investigation), the FDA and the CDC.  Frankly, I don't think those that chose to ignore in the need for intervention have a plan to save customers or themselves.  See the story in the LA Times by Rong-Gong Lin II, Times Staff Writer

A couple of telling quotes:

  • Of the 20 lettuce or spinach outbreaks linked to a virulent and potentially deadly strain of E. coli since 1995, nine have been traced to the Salinas Valley area, one of the nation's largest producers of the leafy greens.
  • He (Senator Florez) also criticized health officials for not completing an investigation of an E. coli outbreak linked to Salinas Valley lettuce in 2005 that sickened at least 34 people in Minnesota.
  • "With 45 inspectors, 5,500 processing plants and 100,000 farms, that seems to be putting us well behind where we should be," said Sen. Dean Florez (D-Shafter) at a legislative oversight meeting. "I don't think government is doing its job in this case."
  • "I think the time for industry-sponsored approaches are over," said Florez, chairman of the Senate's Committee on Governmental Organization. "I think consumers are looking for stronger measures than the voluntary measures that have produced 20 of these outbreaks. And we don't want to see the 21st."

The hearing was attended by only two senators of the nine-member committee — Florez and Sen. Wes Chesbro (D-Arcata).  One of the seven "fiddlers" on the committee seemed to make it clear that he rather simply wait for more bodies to be counted:

  • The committee's vice chairman, Sen. Jeff Denham (R-Salinas), declared the hearing a "witch-hunt" and premature.
  • "For any legislator to start proposing legislation without having an investigation concluded, I just think it's premature and it's unproductive," Denham said.

Why do these guys get paid?

Posted on October 12, 2006 by Bill Marler
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