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

The Courier reported on a federal lawsuit that was settled out of court that had been brought on behalf of two of our clients who became ill after eating at Taco John's restaurants in November 2006. They were two of about 80 people who reported illness after eating at Taco John's restaurants in Iowa and Minnesota in late November and early December. Lettuce tainted with a strain of the E. coli bacteria was blamed on the outbreak. The terms of the legal settlements were confidential, and the cases were formally dismissed in October.

Public health officials said food at Taco John's restaurants in Austin and Albert Lea, Minn., and Cedar Falls and Waterloo, Iowa, were tainted. According to the FDA, 81 people became ill with E. coli infections after eating at Taco John's, including 33 from Minnesota, 47 from Iowa, and one from Wisconsin. Twenty-six people were hospitalized with E. coli infections, and two developed hemolytic uremic syndrome, a serious complication that can cause permanent kidney damage. In Black Hawk County, health officials found 33 people ill with E. coli infections after eating at the Cedar Falls restaurant. Fourteen were hospitalized.

I must commend executives, lawyers and insurers at Taco John's for taking care of Taco John's customers.  Not only did Taco John's early on offer to pay victims' medical bills, but it also stepped up and resolved claims and then looked to the suppliers of the contaminated lettuce for reimbursement.  To date, most restaurants refuse to do that - such as Taco Bell and Wendy's.  Let's see, that buys them more lawsuits and bad publicity - smart - not.

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Andrew Weeks of the Standard-Examiner reports that at least five more people, two of them children, have contracted E. coli from an unknown source in Weber County, according to officials from the Weber-Morgan Health Department. No common food source has been linked to the bacteria, though officials say there seem to be no ties to an outbreak that occurred June 27-30, when at least five other people contracted infections, either directly or indirectly, from tainted lettuce served from a North Ogden Wendy’s restaurant.

It will be interesting to follow this story as it unfolds. At least one of the two children mentioned by Mr. Weeks is in fact hospitalized and suffering acute kidney failure (HUS).

It was determined that the June outbreak was caused by iceberg lettuce that likely had been contaminated while grown in the Salinas Valley, Calif. Wendy’s, at 2594 N. 400 East in North Ogden, served lettuce at a CORE Academy luncheon held at Orion Junior High in Harrisville on June 30, where more than 300 people were potentially exposed to the contamination.  At least on person was infected during June 27030 while eating at the restaurant.

Although for purposes of the lawsuit that has been filed against Wendy's stemming from the June outbreak, where three people suffered Hemolytic Uremic Syndrome, where and when the lettuce was contaminated means little, I do believe that there is not sufficient evidence at this point to rule out that the lettuce became contaminated AFTER it arrived in Utah.  Wendy's was implicated in a 2000 outbreak were cross-contamination between raw meat and lettuce was determined to be the source.  (See coverage of that 2000 Wendy's E. coli outbreak.)

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So far eight families have contacted Marler Clark, and one lawsuit has been filed, over the Wendy's ground beef E. coli outbreak in Marion County.

One family was hit twice when the two sons, a 4-year-old and a 23-month-old, became sick from E. coli. The 4-year-old was released last week from Oregon Health Sciences University Hospital, and the 23-month-old remained in fair condition Saturday night. Both had been on dialysis, after which patients can either recover or require transplants, depending on the severity of the condition.

As the Statesman Journal reports, three weeks after the largest E. coli outbreak in Marion County history, the investigation focuses on Wendy's ground beef, said Dr. Paul Cieslak of the Oregon Health Division. The connection was made after a second Wendy's restaurant in Tualatin was linked to the outbreak when an adult female was confirmed Sept. 2 as an E. coli victim. The DNA of the E. coli matched that of the Salem outbreak, confirming a common contamination source.

The lettuce link can be explained by cross contamination, which may have occurred because of improper food handling.

From interviews with Wendy's employees, officials determined that a few workers had washed lettuce in a sink that had not been sanitized and previously contained utensils that had touched raw meat.

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