July 2006

“Iowa State University Extension believes that resources are needed for consumers, educators and students to access research-based, unbiased information on food safety and quality. The goal of the Food Safety Project is to develop educational materials that give the public the tools they need to minimize their risk of foodborne illness.”
“The Food

The Dare County, North Carolina Department of Public Health issued a warning to all patrons who ate at the Player’s Grille at Nags Head Golf Links on July 14 and 18, 2006. A restaurant employee who worked at the Player’s Grille on those days was recently diagnosed with hepatitis A, a virus that can lead to liver failure. Because the employee was infectious while working, the Dare County Health Department is encouraging all people who ate at the restaurant on July 14 and 18 to receive Immune globulin injections to prevent hepatitis A infection.

Continue Reading Golf course restaurant employee tests positive for hepatitis A

I never tire of telling and retelling this story – I just wished more people paid attention:
McDonald’s Callousness Was Real Issue, Jurors Say, In Case of Burned Woman
ALBUQUERQUE, N.M. – When a law firm here found itself defending McDonald’s Corp. in a suit last year that claimed the company served dangerously hot coffee, it hired a law student to take temperatures at other local restaurants for comparison.
After dutifully slipping a thermometer into steaming cups and mugs all over the city, Danny Jarrett found that none came closer than about 20 degrees to the temperature at which McDonald’s coffee is poured, about 180 degrees.
It should have been a warning.

Continue Reading The TRUTH about the McDonald’s hot coffee case

“When elephants dance, the grass gets trampled,” I told Joe Mandak of the Associated Press. “And in this case, the grass was Sheetz and its customers.”
Sheetz has settled all but a few customer lawsuits spawned by salmonella-tainted tomatoes sold at its convenience stores two years ago. But complicated legal battles involving Sheetz, insurance companies and food suppliers must now settle this question: Who gets stuck with the multimillion-dollar tab?

Continue Reading Sheetz Salmonella Outbreak Litigation: when elephants dance, the grass gets trampled

jack in the box ecoli outbreakI was asked last night how long I have been representing people sickened by food poisoning. It is a bit of a long story, but it really started in 1993, when I was able to secure a $15.6 million settlement on behalf of the most seriously injured survivor of the 1993 Jack in the Box E. coli food poisoning outbreak, and several other multiple million dollar settlements on behalf of other Jack in the Box E. coli outbreak victims. Since then I have represented thousands of victims of E. coli, Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus cases in over thirty states.

Continue Reading Thirteen Years Since Jack in the Box

I received the below email last week – thought I would share it and my response:
From: Dan Cahalan [mailto:dancahalan@hotmail.com]
Sent: Tuesday, July 18, 2006 3:23 PM
To: marler mail
Subject: Stop & Shop
Attorney Clark:
I read about the lawsuit against Stop & Shop on behalf of Eric Tsirovakas, who developed HUS from Escherichia

chicken entr√©e salmonellaLast week, the Minnesota Department of Health (MDOH) issued a wake-up call to poultry processors — at least in spirit — when it announced that twenty-nine people, including many kids, recently contracted Salmonella from frozen, pre-browned, microwaveable chicken entrees.
This is not the first Salmonella outbreak associated with such frozen chicken entrees. The MDOH alone has investigated four of them since 1998; and several other states and Canada have recently seen recalls of Salmonella-contaminated frozen chicken nuggets and strips (my kids’ favorite). It is high-time for the poultry companies that process these chickens clean up their act . . . literally.
Most people don’t know this, but Salmonella bacteria don’t exist inside the chicken meat that we eat. Salmonella bacteria exist in a chicken’s gastrointestinal tract. Thus, when the chicken meat becomes contaminated with Salmonella, the contamination occurred because the meat was allowed to contact chicken feces. Yes, chicken poop.

Continue Reading Raw Chicken Entrees

Just so those folks that attack lawyers and what I am doing do not feel alone, I thought I would share this email I received a few months ago. I guess the bottom line is that whatever makes people try and make food safe is OK with me.
April, 10, 2006
F1: FDA food code

I thought it might be helpful to give some background on E. coli O157:H7 and the dangers it poses to our food supply, particularly in hamburger:
E. coli O157:H7 was first recognized as a pathogen in 1982 during an investigation into an outbreak of hemorrhagic colitis[1] associated with consumption of hamburgers from a fast food chain restaurant.[2] Retrospective examination of more than three thousand E. coli cultures obtained between 1973 and 1982 found only one isolation with serotype O157:H7, and that was a case in 1975.[3] In the ten years that followed there were approximately thirty outbreaks recorded in the United States.[4] This number is likely misleading, however, because E. coli O157:H7 infections did not become a reportable disease in any state until 1987 when Washington became the first state to mandate its reporting.[5] As a result, only the most geographically concentrated outbreak would have garnered enough notice to prompt further investigation.[6]

Continue Reading E. coli O157:H7 Background – from Marler’s Perspective

29 ill after eating chicken entrees, the Star Tribune reports. Frozen, uncooked chicken entrees prompt concern by Minnesota officials who have traced 29 case of illness to insufficient cooking.
Food safety officials said today that 29 people in Minnesota got sick after eating frozen chicken entrees that were not cooked long enough to kill salmonella in the poultry.
Officials recommended against microwaving single-serving chicken products even when it’s listed as an option on labels. The entrees, usually stuffed and pre-browned, are made by several companies, and sold under various brand names in supermarkets’ frozen-food sections.
The entrees carry such names as chicken cordon blue, chicken kiev and chicken with broccoli and cheese. The products of concern contain raw chicken.

Continue Reading Salmonella outbreaks tied to Chicken Entrees