Marler Clark, Attorneys at Law L.L.P., P.S.

The nation’s foremost law firm with a practice dedicated to representing victims of food poisoning.

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Case News

In the Marler Clark news archives we highlight some of the more high-profile cases the firm has brought on behalf of victims of food poisoning outbreaks. Here we also provide information about notable cases the firm has brought on behalf of victims of crane accidents, nursing home negligence, vehicle accidents, and other injury-situations.

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Abbott Cheese Listeria Litigation - British Columbia

AFG / Supervalu E. coli Outbreak - Minnesota

In December of 2000, the Minnesota Department of Health announced that an E. coli O157:H7 outbreak had been traced to the consumption of ground beef purchased from SuperValu/Cub Food Stores.  At least 17 people became ill with E. coli during the outbreak, which was ultimately traced back to meat produced at an AFG plant in Wisconsin.  Marler Clark represented five families in claims that resulted from the E. coli outbreak.

AgVenture Farms Petting Zoo E. coli O157:H7 Outbreak Litigation - Florida

In 2005, over a dozen children were hospitalized with hemolytic uremic syndrome after visiting the Central Florida Fair, the Florida Strawberry Festival, or the Florida State Fair.  Ultimately, health officials counted 22 confirmed, 45 suspect and 6 secondary cases from 20 Florida counties as victims of the E. coli outbreak, which was traced to animals exhibited at AgVenture Farms petting zoos at all three venues.

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Bauer Meat E. coli Litigation - Georgia

Marler Clark represented the family of an 11-year-old Georgia boy who spent four days in the hospital after becoming ill with E. coli O157:H7 after eating a contaminated hamburger at Danielsville Elementary School in April of 1998.  The meat was traced to Bauer Meat Co. of Ocala Florida, leading federal officials to close down the company and recall 38,000 pounds of ground beef that had been distributed to schools, military bases and other institutions in Georgia and North Carolina.

BJ’s Wholesale Club E. coli Litigation - New York and New Jersey

In 2002, a public health investigation showed that two ill children in Rockland County, New York, a third child in Bergen County, New Jersey, had tested positive for E. coli O157:H7 after eating ground beef from a BJ’s Wholesale Club store.  The strain of E. coli isolated from the Bergen County child’s stool sample was indistinguishable from the strain implicated in the Rockland County children’s illnesses.  Marler Clark represented children from three families who became ill with E. coli, two with HUS, after consuming ground beef purchased from BJ’s Wholesale Club.

Black Forest Bakery Salmonella Outbreak - Michigan

Marler Clark represented 30 people who became ill with Salmonella infections after eating cannolis and cassata cake from the Black Forest bakery in Macomb, Michigan, in 2002.  The Macomb County Health Department and Michigan Department of Agriculture noted a number of health code violations that may have contributed to the spread of Salmonella at the bakery.

Blimpie’s Subs Norovirus Outbreak - Michigan

In 2005 a large norovirus outbreak was traced to a Blimpie’s restaurant in Kent County, Michigan.  Groups of people who attended functions catered by Blimpie’s became ill with norovirus, and Kent County Health Department investigators determined that an ill food worker had likely contaminated food at the restaurant before it was catered out.  Marler Clark represented several people who became ill with norovirus after eating food prepared at Blimpie’s in claims against the restaurant.

Bogey’s Restaurant / Quality Inn Salmonella Outbreak - Washington

In 2003, dozens of people became ill with Salmonella infections after eating food prepared at Bogey’s restaurant in the Clarkston, Washington, Quality Inn hotel.  Marler Clark represented eight people who were part of the outbreak, including a man who developed reactive arthritis, in claims against the restaurant.

Bravo! Cucina Italiana Norovirus Outbreak - Michigan

Marler Clark represented several individuals in claims against the Bravo! Cucina Italiana restaurant after a norovirus outbreak at the restaurant’s Lansing, Michigan, location was the source of an outbreak.  Illness was reported among residents of eight states and one Canadian province.

Brook-Lea Country Club Salmonella Outbreak - New York

In the summer of 2002, over 100 people became ill with Salmonella infections after eating at the Brook-Lea Country Club near Rochester, New York.  At least 95 of the cases were both culture-confirmed and linked epidemiologically to the consumption of food at Brook-Lea between June 1 and June 18, 2002.  Then, on July 30, six more people became ill with Salmonella after eating at Brook-Lea.  Marler Clark represented 70 individuals who were part of the outbreak in claims against the Country Club. 

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Café Santa Fe Salmonella Outbreak - Arkansas

In 2005, the Arkansas Department of Health identified a Salmonella outbreak that was associated with the consumption of food prepared at the Cafe Santa Fe restaurant in Benton, Arkansas.  Marler Clark represented several individuals who became ill with Salmonella infections after eating food from Cafe Santa Fe during the outbreak.

Cantaloupe Salmonella Litchfield Outbreak 2008

A 2008 Salmonella outbreak was traced to cantaloupe imported from Hontudras.  The FDA and CDC identified over 50 people who were part of the outbreak; 14 were hospitalized.

Captain’s Galley Seafood Restaurant E. coli Outbreak - North Carolina

A 2007 E. coli outbreak was traced to the Captain’s Galley Seafood Restaurant in China Grove, North Carolina.  The outbreak’s source was never determined, but at one point speculation as to whether the illegal slaughter of a goat in the restaurant could have contributed to the spread of E. coli at the restaurant.

Cargill E. coli Outbreak - Nationwide

In 2007, Cargill Meat Solutions Corporation recalled 845,000 pounds of frozen ground beef patties after Minnesota health officials traced Cargill ground beef patties as the source of an E. coli O157:H7 outbreak.  The ground beef patties had been sold at Sam’s Club and other retail outlets across the United States.  Marler Clark represents several families with members who became ill with E. coli during the outbreak, and has filed three lawsuits against Cargill.

Carl’s Jr. Hepatitis A Outbreak - Washington

Marler Clark represented a number of victims of a 2000 hepatitis A outbreak traced to a Carl’s Jr. restaurant in Spokane, Washington.  The outbreak was traced back to a food handler who had contaminated vegetable garnishes while preparing food at the restaurant.  In addition to people who contracted hepatitis A during the outbreak, Marler Clark filed a class action lawsuit on behalf of all individuals who received immune globulin shots to prevent infection with haptitis A after exposure to the virus. 

Carneco / Sam’s Club E. coli Outbreak - Wisconsin & Michigan

Carneco Foods recalled 497,000 pounds of frozen ground beef patties after its products were identified as the source of a 2004 E. coli outbreak among Minnesota and Wisconsin residents.  Marler Clark represented a 10-year-old boy who became ill with an E. coli infection after eating Carneco ground beef purchased under the Northern Plains brand from a Sam’s Club store in Eagan, Minnesota.

Carrabba’s Norovirus Outbreak - Michigan

Marler Clark represented several people who became ill with norovirus after eating at a Carrabba’s Italian Restaurant in Lansing, Michigan, in 2006.  During its investigation, the Barry-Eaton Heath District identified over 400 people who were part of the outbreak traced to Carrabba’s.

Castleberry’s Food Company Botulism Outbreak - Nationwide

In 2007, Castleberry’s Food Company announced that it was recalling millions of pounds of canned chili products for potential contamination with Clostridium botulinum, the bacterium that causes botulism poisoning, after victims in several states had been hospitalized with botulism poisoning.  Marler Clark represents victims of the outbreak from several states.

CCC Alternative Learning Daycare E. coli Outbreak - Texas

Marler Clark represented the family of a child who became ill with E. coli O157:H7 and hemolytic uremic syndrome while attending CCC Alternative Learning Daycare in Fort Worth Texas, in 2002.  The Tarrant County Public Health Department found several circumstances which could have contributed to the child’s exposure to E. coli.

Chi-Chi’s Hepatitis A Outbreak - Pennsylvania

Marler Clark represented 78 individuals in claims against Chi-Chi’s Mexican Restaurant after its Beaver Valley Mall location near Pittsburgh, Pennsylvania, was identified as the source of a hepatitis A outbreak in 2003.  The firm also represented thousands who received immune globulin injections to prevent hepatitis A infection in a class action lawsuit against the company.  The outbreak was ultimately traced to the consumption of contaminated green onions imported from Mexico.

Chili’s Salmonella Outbreak - Illinois

In 2003, a Chili’s restaurant in a Chicago suburb was identified as the source of a Salmonella outbreak that ultimately resulted in over 300 illnesses.  The public health investigation into the outbreak revealed that Chili’s had operated despite the fact that at times during the outbreak the restaurant either lacked running water completely, or lacked hot water, which contributed to the spread of Salmonella in the restaurant.  Marler Clark represented 49 people in claims against Chili’s.

China Buffet E. coli Outbreak - Minnesota

In 2001, the Minnesota Department of Health identified a China Buffet restaurant in Alexandria as the source of an E. coli outbreak.  Five people were hospitalized during the outbreak.  Marler Clark represented a woman who developed hemolytic uremic syndrome and was in the hospital for several months.

Chipotle Grill Hepatitis A - San Diego

In late April 2008, San Diego County health officials announced that a number of Hepatitis A Virus (HAV ) infections had been traced to a Chipotle Grill restaurant located at 8005 Fletcher Parkway in La Mesa, California, near San Diego.  Health officials advised customers who had eaten at the restaurant between March 1 and April 22 that they might be at risk for infection.  As of early May, more than twenty people who ate at the La Mesa restaurant have tested positive for HAV infection.  Seven of those victims have contacted Marler Clark for assistance with their cases, and three lawsuits have been filed.

City of Alamosa Salmonella Outbreak

In 2008, the municipal water system for the City of Alamosa, Colorado, was identified as the source of a Salmonella outbreak.  The Colorado Department of Public Health and Environment (CDPHE) issued a bottled water advisory for residents of Alamosa and flushed the municipal water system, but not before hundreds of people were sickened.  Marler Clark represents victims of the Salmonella outbreak in claims against the city.

City of Seattle: Terlicker v. Pang and the City of Seattle - Washington

In 1995, Randall Terlicker was one of four firefighters killed in a warehouse blaze in Seattle.  Bill Marler represented his family in a wrongful death lawsuit against the Seattle Fire Department.

ConAgra Ground Beef E. coli Outbreak - Nationwide

In 2002, ConAgra Beef Company recalled nearly 19 million pounds of ground beef for possible E. coli O157:H7 contamination after the company’s products were identified as the source of an E. coli outbreak affecting dozens of people from Ohio to Colorado.  In all, 45 people in 23 states reported illnesses traced back to E. coli-contaminated ConAgra ground beef.  Marler Clark represented 23 victims of the outbreak.

ConAgra Peanut Butter Salmonella Outbreak - Nationwide

Marler Clark represents thousands of victims of the 2006-2007 Salmonella outbreak that was traced to the consumption of contaminated Peter Pan and Great Value peanut butter in a class action lawsuit.  The firm also represents clients who were hospitalized in individual claims against ConAgra. 

ConAgra Pot Pie Salmonella Outbreak - Nationwide

In 2007, public health officials from the CDC and several states collaborated on an outbreak investigation that lead to the discovery that ConAgra’s Banquet and store-brand chicken and turkey pot pies were the source of a nationwide Salmonella outbreak.  Marler Clark represents 30 clients who are pursuing claims against ConAgra.

Corky & Lenny’s Salmonella Outbreak - Ohio

Marler Clark represented 14 people who became ill with Salmonella infections after eating chopped liver or salad at Corky & Lenny’s restaurant outside of Cleveland in 2006.  The Cuyahoga County Board of Health identified 48 confirmed cases of Salmonella associated with the outbreak.

Crossroads Farm Petting Zoo E. coli Outbreak - North Carolina

In October, 2004, approximately 106 people became ill with E. coli O157:H7 infections after visiting the North Carolina State Fair in Raleigh. The outbreak was the largest in North Carolina state history, and several children suffered Hemolytic Uremic Syndrome secondary to E. coli infection.  Marler Clark represented families of children sickened during the outbreak in claims against the fair.

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Dee Creek Farm E. coli Outbreak - Washington & Oregon

In 2005, an E. coli O157:H7 outbreak was traced to the consumption of unpasteurized, or “raw”, milk produced at Dee Creek Farm of Woodlawn, Washington.  Washington and Oregon residents became ill as part of the outbreak, and the farm, which was not licensed to sell unpasteurized dairy products, was fined.  Marler Clark represented two families in claims against the farm.

Dole Lettuce E. coli Outbreak - Minnesota, Wisconsin, and Oregon

Marler Clark represented seven individuals who became ill with E. coli infections, including one young child who developed hemolytic uremic syndrome and whose kidneys failed, after consuming Dole brand bagged lettuce in the fall of 2005.  Outbreak victims were identified in Minnesota, Wisconsin, and Oregon.

Dole Spinach E. coli Outbreak - Nationwide

Marler Clark represented 93 victims of the 2006 E. coli outbreak traced to Dole brand bagged baby spinach.  The outbreak resulted in 205 confirmed E. coli cases, with 104 hospitalizations, 31 cases of HUS, and four deaths.  A joint trace-back of baby spinach revealed that four spinach fields were the possible source of E. coli contamination in the outbreak, although public health investigators were not able to determine how the fields became contaminated.

D’Angelo’s Deli Hepatitis A Outbreak - Massachusetts

In 2001, Marler Clark was retained by 15 people who contracted hepatitis A after eating food prepared at D’Angelo’s Deli in Swansea, Massachusetts.  The hepatitis A outbreak was traced back to a food worker who practiced improper hygiene while preparing food.  In addition to those who became ill, Marler Clark represented over 1,000 people who were exposed to the hepatitis A virus and received immune globulin injections to prevent infection in a class action lawsuit against D’Angelo’s.

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E. Coli Outbreak - 7 states

49 confirmed cases have been linked both epidemiologically and by molecular fingerprinting to this outbreak, 21 in Michigan and 20 in Ohio, 4 in Georgia, and one each in New York, Kentucky, Indiana, and Utah. Onset of illness in these patients occurred from 5/27/08 to 7/1/08. Twenty-seven ill persons have been hospitalized. One patient has developed a type of kidney failure called hemolytic-uremic syndrome (HUS).  Kroger initiated a voluntary recall on June 27, but did not name their meat supplier.  Marler Clark filed the first lawsuit stemming from the outbreak on the morning of June 30.  Late that night, the FSIS announced that the tainted meat had been traced back to Nebraska Beef Products, and a recall of 531,707 pounds of ground beef products was initiated.  On July 2, the Kroger recall widened to 20 states.  On July 3, the Nebraska Beef recall was widened to include 5.3 million pounds.

Marler Clark has been contacted by over a dozen individuals and families who believe they are linked to this outbreak.  Two lawsuits have been filed on behalf of victims in Ohio, and one on behalf of a Georgia victim.

E. Sakazakii powdered infant formula - Iowa

Marler Clark represents the Iowa parents of a newborn twin who was given powdered infant formula, and who subsequently suffered from a severe bacterial meningitis infection.  A year later, he is still suffering from an extreme neurological deficit, and requires round the clock intensive care. 

Emmpak E. coli Outbreak - Wisconsin

Emmpak was identified as the ground beef producer whose products were the source of an E. coli O157:H7 outbreak that sickened 58 individuals in 2002.  As a result of the outbreak, Emmpak recalled 2.8 million pounds of ground beef for possible E. coli contamination.  Marler Clark represented two women in claims against Emmpak.

Evergreen Rehabilitation Center Nursing Home Abuse Litigation - Washington

Marler Clark represented the family of a woman who suffered debilitating injuries while in the care of the Evergreen Milton-Freewater Rehabilitation Center.  The woman passed away while undergong rehabilitation for her injuries.

Excel E. coli Outbreak - Georgia

Marler Clark represented a young boy who was hospitalized for four days after eating a ground beef patty produced by Excel and purchased from a Georgia Sam’s Club in 2001.  Three other Georgia children also tested positive for E. coli, and Excel recalled 190,811 pounds of ground beef and pork the company had supplied to supermarkets in the Southeast.

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Filiberto’s Shigella Outbreak - California

Marler Clark represented several victims of a Shigella outbreak that was traced back to food served at a Filiberto’s restaurant in San Diego.  The outbreak resulted in 32 confirmed cases of Shigellosis.

Finley Elementary School E. coli Outbreak - Washington

In 2001, an E. coli outbreak among students at Finley Elementary School in Finley, Washington, was investigated by Washington Department of Health and Benton-Franklin Health Department investigators who determined that eleven children were part of the outbreak and that the source of the outbreak was under-cooked ground beef served in tacos for school lunch.  Marler Clark represented all eleven children in a lawsuit against the school district and against the district’s meat supplier.  The firm won a $4.6 million judgment against the school district.

Fresno Meat Market E. coli Outbreak - California

Tri-tip steak prepared at the Fresno Meat Market was identified as the source of an E. coli O157:H7 outbreak among Fresno County, California, residents in 2007.  The Meat Market issued a recall of all cooked tri-tip sold during the days that were associated with the outbreak.  Marler Clark represents several victims of the outbreak.

Friendly’s Hepatitis A Exposure - Massachusetts

In 2004, an estimated 3,800 people received immune globulin injections to prevent hepatitis A infection after eating food prepared at the Friendly’s restaurant located in Arlington, Massachusetts.  Marler Clark represented hundreds of customers and employees in a class action lawsuit seeking compensation for damages related to receiving the injections.

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Gate Gourmet Shigella Outbreak - Hawaii, Nationwide

Marler Clark represented over a dozen victims of a Shigella outbreak that was traced back to food provided by Gate Gourmet, an airline caterer, on flights departing from the Honolulu, Hawaii, airport.  The investigation into the outbreak revealed several food handling and safety violations at the Gate Gourmet food preparation facility.

Gateway Cold Storage Ammonia Poisoning - Illinois

Marler Clark represented dozens of children and teachers who became ill with ammonia poisoning after eating chicken tenders for school lunch at Laraway Elementary School in Joliet, Illinois.  The public health investigation into the outbreak of poisoning revealed that the chicken tenders had been contaminated while in the Gateway Cold Storage facility outside of St. Louis, MIssouri. 

Gold Coast Produce E. coli Outbreak - California

In 2003, an E. coli outbreak was traced to lettuce served at restaurants and school district that had been supplied by Gold Coast Produce.  The epidemiological investigation of the outbreak identified 50 individuals who had become ill with E. coli after eating Gold Coast Produce lettuce.  Marler Clark represented 25 people in claims against the lettuce producer.

Golden Corral E. coli Outbreak - Nebraska

In 1999, a Golden Corral restaurant in central Nebraska was the source of an E. coli outbreak that sickened nearly 80 people. The outbreak was linked to contaminated lettuce served at the restaurant.  Marler Clark represented victims of the E. coli outbreak in claims against Golden Corral.

Golden Corral Salmonella Outbreak - Georgia

Marler Clark represented nine people who became ill with Salmonella infections after eating food from the Golden Corral buffet-style restaurant in Kennesaw, Georgia, in 2003. 

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Habaneros E. coli Outbreak - Missouri

In August of 2003, an E. coli outbreak was traced to food served at the Habaneros restaurant in the St. Clair Square Mall.  Health officials identified five confirmed cases of E. coli that were part of the outbreak.  Marler Clark represented all five individuals in claims against the restaurant.

Harmony Farms Salmonella Outbreak - Washington and Oregon

Marler Clark represented several victims of the outbreak of Salmonella that was traced to alfalfa sprouts produced by Harmony Farms, of Auburn, Washington. The sprouts were blamed for back-to-back outbreaks of Salmonella poisoning that sickened at least 16 people in Oregon and Washington in 2003.

High v. Hagen - Washington

Marler Clark represented the family of Walter High, a man who was killed in a hit and run accident in King County, Washington, in a civil lawsuit against the man who was driving the car.

Houlihan’s Hepatitis A Exposure - Illinois

Marler Clark represented individuals who received immune globulin injections to prevent infection with hepatitis A after they were exposed to the virus at a Houlihan’s restaurant in Geneva, Illinois. 

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Jack in the Box E. coli Outbreak - Western States

In 1993, the Jack in the Box E. coli outbreak sickened over 700 people, most of them from Washington state.  Lawyers now at Marler Clark handled most of the litigation, which resulted in individual and class-action settlements totaling more than $50 million – the largest payments ever involving foodborne illness. 

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Karl Ehmer Meats E. coli Outbreak – New Jersey

In 2000, the New Jersey Department of Health investigated the E. coli infection and subsequent death of a 20-month-old boy who had eaten a hamburger before becoming ill.  In the course of the investigation, Department of Health workers determined that the hamburger had been made from meat purchased at Karl Ehmer meats and that the meat had been supplied to Karl Ehmer by IBP.  Marler Clark represented the boy’s family in a claim against Karl Ehmer and IBP.

KFC E. coli Outbreak - Ohio

Coleslaw was identified as the source of an E. coli outbreak among customers of KFC restaurants in southwestern Ohio counties in 1999.  Health department officials cited several food handling and preparation violations that could have led to the contamination.  Marler Clark represented a woman who nearly died after developing hemolytic uremic syndrome secondary to her E. coli infection.

KFC Salmonella Outbreak - Colorado

Marler Clark represented two children who became ill with Salmonella infections after eating contaminated popcorn chicken purchased at a KFC in Lafayette, Colorado, in 2002.  The Boulder County Health Department cited the restaurant for poor employee hygiene and failure to maintain food at proper temperatures in its investigation report.

Kid’s Korner Daycare E. coli Outbreak - Missouri

Marler Clark represented the family of a young boy who became ill with E. coli while attending the Kid’s Korner daycare in Joplin, Missouri, in 2004.  Several children who attended the daycare became ill with E. coli during the outbreak, which could have been perpetuated due to deficiencies conducive to the spread of disease noted by health department investigators.

Kindercare E. coli Outbreak - California

Marler Clark represented the families of children who became ill with E. coli while attending the Kindercare facility in Folsom, California, in 2000.  Public health officials determined that the source of the outbreak was the use of the same sponge to wipe down both a changing table and a table used for serving meals.

King County: Louth v. King County Workplace Injury Litigation - Washington

Bill Marler represented the family of William Louth in a wrongful death lawsuit after he fell to his death when the bucket of a crane that was lifting him hit the ceiling of the Kingdome.

King Garden Restaurant E. coli Outbreak - Ohio

In 2002, an E. coli O157:H7 outbreak was traced by the Wayne County Health Department to the King Garden buffet-restaurant in Wooster, Ohio.  The outbreak was eventually traced to the consumption of Jell-O, which was believed to have been cross-contaminated with meat while it was cooling in the refrigerator.  Marler Clark represented five children who became ill with E. coli during the outbreak. 

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Lane County Fair E. coli Outbreak - Oregon

In 2002, the largest E. coli outbreak in Oregon history was traced to the Lane County Fair in Eugene.  Although the source of the outbreak was never identified, public health officials believe that individuals who became ill were exposed to E. coli bacteria in animal exhibition halls.  Marler Clark represented many of the victims of the E. coli outbreak in claims.

Linh’s Bakery Salmonella Outbreak - Virginia

Marler Clark represented victims of a 2001 Salmonella outbreak in Virginia.  The outbreak was traced back to pork sandwiches that had been purchased from Linh’s Bakery, a Vietnamese delicatessen and bakery.  Health department investigators concluded that sandwich ingredients were cross-contaminated, and left out at unsuitable temperatures that allowed for bacterial growth.

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Malt-O-Meal Recall Salmonella Agona - 2008

On April 5, 2008 the Malt-O-Meal Company of Minnesota recalled unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced with “Best If Used By” codes between April 8, 2008 (coded as “APR0808") and March 18, 2009 (coded as “MAR1809").  The recalled product was distributed nationally, marketed under the Malt-O-Meal brand and as some private label brands including Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops, Acme, America’s Choice, Food Club, Giant, Hannaford, and Weis Quality.  A comprehensive listing of impacted products can be found at http://www.malt-o-meal.com/recallinfo.

Malt-O-Meal Salmonella Outbreak - 1998

In 1998, a nationwide Salmonella outbreak was traced to the consumption of Malt-O-Meal Toasted Oats cereal.  In all, 209 illnesses were reported to public health officials from ten states.  Marler Clark represented victims of the outbreak in a class action lawsuit.

Maple Lawn Dairy Hepatitis A Outbreak - New York

In 2004, four people became ill with hepatitis A after eating at the Maple Lawn Dairy Family Restaurant in Elmira, New York.  Marler Clark represented the family of a man who died after spending several months in the hospital with acute liver failure.

McDonald’s Hepatitis A Outbreak - Washington

Marler Clark represented a woman who became severely ill with hepatitis A after eating food prepared at a Mount Vernon, Washington, McDonald’s restaurant.  The woman was one of several people sickened after an assistant manager at the McDonald’s worked while infectious.

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Nationwide Insurance - Insurance Bad Faith Class Action Litigation - Nationwide

Denis Stearns represented named plaintiffs Jeff Barreca and Lisa Hall in a class action lawsuit against Nationwide Mutual Insurance Company. The lawsuit accused Nationwide of “an unlawful and deceptive scheme” in which it improperly threatened uninsured motorists with the loss of their driver’s licenses while pretending to collect money on behalf of injured persons to whom Nationwide had sold UIM policies.

Nebraska Beef E. coli Litigation - Minnesota

Several Minnesotans who purchased ground beef from Tabaka’s Supervalu in Longville, Minnesota, became ill with E. coli infections in 2006.  Marler Clark represents several individuals, including members of a church who became ill with E. coli after eating the ground beef in spaghetti at a church supper, in claims against the producer of the ground beef, Nebraska Beef.

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Odwalla E. coli Outbreak - Western States

In 1996, more than 65 people became ill with E. coli O157:H7 infections after drinking unpasteurized juices manufactured by Odwalla.  Marler Clark represented a number of children who became ill with E. coli O157:H7 and hemolytic uremic syndrome during the outbreak, and resolved their claims for a reported $12 million.  In addition to paying damages to victims of the outbreak, Odwalla plead guilty to criminal charges and paid a $1.5 million fine.

Old South Salmonella Outbreak - South Carolina

Marler Clark represented several victims of a 2005 Salmonella outbreak that was traced to food served at the Old South restaurant in Camden, South Carolina.  More than 300 people became ill with Salmonella during the outbreak, which was the result of an oven malfunction that led to under-cooking of roast turkey.

Olive Garden E. coli Outbreak - Oregon

Marler Clark represented several victims of an E. coli O169:H41 outbreak in 2005.  The outbreak was traced to the consumption of food prepared at the Olive Garden restaurant in Gresham, Oregon.

Orchid Island Orange Juice Salmonella Outbreak - Nationwide

In 2005 the consumption of unpasteurized orange juice products manufactured by the Orchid Island Juice Company of Ocala, Florida was determined to be the link between Michigan, Ohio, and Massachusetts residents who had become ill with Salmonella infections.  The outbreak soon grew to include residents of at least 16 states and the company issued a nationwide recall of all unpasteurized orange juice products.  Marler Clark represented several individuals who became ill with Salmonella infections during the outbreak.

Organic Pastures E. coli Outbreak - California

Marler Clark represents the families of two children who became ill with E. coli infections and hemolytic uremic syndrome after consuming unpasteurized dairy products purchased from Organic Pastures in California.  The two children were part of a larger outbreak that the California Department of Health Services traced back to Organic Pastures’ raw milk and colostrum. 

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Paramount Farms Almonds Salmonella Outbreak - California, Nationwide

In 2004, an investigation by the Centers for Disease Control and Prevention (CDC) and other state public health agencies resulted in the documentation of at least 29 patients in 12 states and Canada with matching Salmonella Enteritidis isolates dating as far back as September, 2003.  All cases were determined to have been the result of consumption of raw almonds produced by Paramount Farms of California.  As a result, Paramount Farms recalled roughly 18 million pounds of raw almonds.  Marler Clark represented 17 individuals who became ill with Salmonella infections after eating raw almonds in claims against Paramount Farms. 

Pars Cove Salmonella Outbreak at Taste of Chicago

In the summer of 2007, the City of Chicago Department of Health announced that hundreds of people had become ill with Salmonella infections after consuming hummus shirazi served at the Pars Cove booth at the Taste of Chicago festival.  Marler Clark has been retained by 23 clients to pursue claims against Pars Cove.

Parsley E. coli Outbreak - Washington & Oregon

In 2005, several clusters of E. coli O157:H7 illness were reported in Washington and Oregon.  Through an investigation, public health officials determined that the clusters were related and that the illnesses had been caused by the consumption of E. coli-contaminated parsley served at restaurants.  Marler Clark represented a woman who became ill with E. coli in a claim against the parsley supplier.

Peninsula Village E. coli Outbreak - Tennessee

Marler Clark represented a young girl in a claim against Peninsula Village, a long and short-term treatment center for children, after she contracted an E. coli infection while staying at the facility.  The girl and a boy who was staying at Peninsula Village became ill with E. coli infections after eating hamburgers prepared in the facility’s kitchen.  She was hospitalized for several weeks with hemolytic uremic syndrome and suffered permanent kidney damage.

PM Beef Holdings, Lunds & Byerly’s E. coli Outbreak

Marler Clark represented three individuals in claims against PM Beef Holdings after the company’s ground beef was determined to be the source of their E. coli O157:H7 infections in 2007.  The beef had been purchased at Lunds and Byerly’s stores in Minnesota.

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Quizno’s Hepatitis A Exposure - Massachusetts

Marler Clark filed a class action lawsuit against Quizno’s on behalf of all people who received immune globulin injections to prevent infection with hepatitis A after a Boston Quizno’s employee was diagnosed with the virus. 

Quizno’s Salmonella Outbreak - Minnesota

In October of 2007, Minnesota health officials became aware of a Salmonella outbreak in Rochester, Minnesota, and concluded that the source of the outbreak was food served at a Quizno’s restaurant.  Further investigation implicated tomatoes served at Quizno’s as the source of the outbreak.  Marler Clark represents several individuals who became ill with Salmonella during the outbreak in claims against Quizno’s.

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Raw Tomato and Pepper Salmonella Outbreak - 43 States, DC, Canada

A rare strain of salmonella, the serotype saintpaul, has sickened 1284 people in 43 states, the District of Columbia, and Canada and may have contributed to two deaths.  The outbreak originally appeared in Texas (which now has 493 ill) and New Mexico (103), then widened to Alabama (2 persons), Arkansas (19), Arizona (56), California (9), Colorado (16), Connecticut (5), Florida (3), Georgia (40), Idaho (6), Illinois (115), Indiana (18), Iowa (2), Kansas (20), Kentucky (2), Louisiana (1), Maine (1), Maryland (37), Massachusetts (29), Michigan (25), Minnesota (22), Mississippi (2), Missouri (20), Montana (1), New Hampshire (5), Nevada (13), New Jersey (14), New York (38), North Carolina (23), Ohio (10), Oklahoma (25), Oregon (11), Pennsylvania (12), Rhode Island (3), South Carolina (2), Tennessee (9), Utah (2), Virginia (31), Vermont (2), Washington (17), West Virginia (1), Wisconsin (13), and the District of Columbia (1). Five ill persons are reported from Canada; four appear to have been infected while traveling in the United States, and one illness remains under investigation.

Regent Beverly Wilshire Hotel Norwalk Litigation - California

Los Angeles County health officials traced the source of a Norovirus outbreak that hit the Academy of Motion Picture Arts and Sciences’ Scientific and Technical Awards in 2002. At least 550 guests at the Regent Beverly Wilshire Hotel in Los Angeles became ill with Norovirus infections after consuming foods catered by the hotel kitchen. 

Robeson Schools E. coli Outbreak - North Carolina

Marler Clark represented 34 children who became ill with E. coli infections after consuming homemade butter served to students during a classroom demonstration at Prospect Elementary School in Robeson County, North Carolina, in the fall of 2001.

Rochester Meat Company E. coli Outbreak - Wisconsin, California

Marler Clark represents individuals who became ill during an E. coli O157:H7 outbreak that was traced to ground beef served at Tony Roma’s restaurants in late 2007 and early 2008.  Tony Roma’s purchased the ground beef from the Rochester Meat Company of Rochester, Minnesota, who recalled 188,000 pounds of meat after the E. coli outbreak was announced.

Royal Fork Shigella Outbreak - Washington

Marler Clark represented victims of a 2002 Shigella outbreak that was traced to the Royal Fork restaurant in Mt. Vernon, Washington.  The outbreak’s source was an infected food worker who did not practice proper hygiene.

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San Antonio Taco Salmonella Outbreak - Tennessee

In 2000, a San Antonio Taco Company franchise in Nashville, Tennessee, was the source of a large Salmonella outbreak.  The Metropolitan Health Department identified several potential sources of contamination, including improper hygiene and food safety lapses.  In all, at least 30 people tested positive for Salmonella.  Marler Clark represented several victims of the outbreak.

Schuerhoff v. Schrader, et. al. - Washington

Bill Marler filed a wrongful death suit against five teens and their parents for the death of Michael Schuerhoff, on behalf of the Scheurhoff family. The suit contended that the five boys pushed Michael to his death from an abandoned trestle, and then failed to rescue him, allowing him to drown in the Sammamish River in Bothell, Washington.

Seasons on the Pond Salmonella Outbreak - Colorado

Marler Clark represented a woman who became ill with Salmonella and was hospitalized after eating at the Seasons on the Pond restaurant in Steamboat Springs, Colorado, in 2003.  The woman was one of 51 Salmonella cases linked to the consumption of food at the restaurant.

Seneca Lake State Park Spraypark Cryptosporidium Outbreak - New York

A cryptosporidium parvum, or “crypto” outbreak at the Seneca Lake State Park spraypark resulted in thousands of illnesses in 2005.  Marler Clark filed a class action lawsuit against the State of New York, which operates the spraypark, and continues to litigate claims that resulted from illness after exposure to crypto through the spraypark’s water system.

Senor Felix 5-Layer Dip Shigella Outbreak - Western States

Marler Clark represented 37 people who became ill with Shigellosis after consuming seven-layer dip manufactured by Senor Felix and distributed to stores across the West Coast in 2000.  The public health investigation into the outbreak led to the discovery that the dip manufacturer’s food safety practices were insufficient to prevent the spread of Shigella and other bacteria.

Sheetz and Coronet Foods Salmonella Outbreak - Pennsylvania, Eastern States

Marler Clark represented 137 victims of a 2004 Salmonella outbreak among patrons of Sheetz convenience stores.  The outbreak was ultimately traced to contaminated tomatoes served in Sheetz’ salads, sandwiches, and wraps.  Public health investigators were never able to determine the source of the tomatoes.

Si Casa Flores Norovirus Outbreak - Oregon

In 2005, at least 30 people who had eaten at the Si Casa Flores restaurant in Grants Pass, Oregon, became ill with norovirus.  The Josephine County Health Department investigated the outbreak and determined that improper sanitation could have contributed to the outbreak.  Marler Clark represented seven people who became ill with norovirus after eating at Si Casa Flores.

Sizzler E. coli Outbreak - Wisconsin

In 2000, 62 confirmed E. coli cases were reported among patrons of two Milwaukee-area Sizzler restaurants.  Dozens of people were hospitalized, four developed hemolytic uremic syndrome, and one child died.  Marler Clark represented 18 clients in claims against Sizzler USA and Excel, the restaurant’s meat supplier. 

Sodexho Spinach E. coli Outbreak - California

In 2003, an E. coli O157:H7 outbreak among residents of The Sequoias, a retirement center in San Mateo County, was reported to public health officials.  The San Mateo County Health Services Agency investigated the outbreak and determined that spinach served out of The Sequoias’ dining center by Sodexho was the source of the outbreak.  Marler Clark represented the family of a woman who died and another elderly woman in claims against Sodexho.

Soleil Produce Hepatitis A Outbreak - California

Marler Clark represented six people who became ill with hepatitis A infections after consuming Soleil Produce lettuce.  The lettuce was served on the set of “The Good German” while the movie was being filmed in 2005. 

Spokane Produce E. coli Outbreak - Washington, Oregon, Idaho

Marler Clark represented a number of victims of an E. coli outbreak that was traced to Spokane Produce brand lettuce that was served in restaurants and at a dance camp held at Eastern Washington University in 2002. 

State of Idaho: Kern v. Tarver and State of Idaho

Bill Marler represented Amber Kern, an 11-year-old Coeur d’Alene girl who was kidnapped and molested by a convicted pedophile in 1992, in a lawsuit against police and probation officers from Washington, Oregon, and Idaho. The lawsuit also named her abductor, Richard John Tarver.

State of Washington: Iseli and Neer v. Dodd and the State of Washington

Bill Marler filed a wrongful death lawsuit against the State of Washington, Asotin County, and Westley Allan Dodd on behalf of the parents of three young boys slain by Dodd in Clark County, Washington, in 1989. The lawsuit alleged that Dodd would have been in prison if it had not been for bureaucratic negligence.

Stop & Shop E. coli Case - New Hampshire

In 2005, ground beef sold by Stop & Shop in Manchester, New Hampshire, was identified as the source of an E. coli case.  Marler Clark represented the child, who became ill and developed HUS after eating a hamburger at a barbecue, in a claim against the grocery store.

Subway Hepatitis A Outbreak - Washington

In 1999, a hepatitis A outbreak was traced to food sold at a north Seattle Subway sandwich shop.  The public health investigation resulted in the finding that an employee who worked while infectious had contaminated food served to customers.  Marler Clark represented 31 clients who developed hepatitis A during the outbreak in claims against Subway. 

Sun Orchard Salmonella Outbreak - Multistate

Marler Clark represented 80 people who became ill with Salmonella serotype Muenchen infections in 1999 after drinking unpasteurized orange juice.  Epidemiological investigations by the Washington Department of Health, the Oregon Department of Health Services, and other state health departments, in cooperation with the Centers for Disease Control and Prevention (CDC), identified unpasteurized orange juice products produced by Sun Orchard, Inc., an Arizona based company, as the source of the outbreak. 

Sushi King Salmonella Outbreak - Arkansas

Marler Clark represented over two dozen individuals in claims against Sushi King, the Bentonville, Arkansas, restaurant that was determined to be the source of a Salmonella outbreak in 2006.  Public health officials learned through their investigation that imitation crab served in California rolls was statistically associated with illness.  In addition, five employees tested positive for Salmonella.

Susie Cantaloupe Salmonella Outbreak - Nationwide

In 2002, public health investigators determined that cantaloupe was the source of a Salmonella outbreak among residents of ten states and four Canadian provinces.  Marler Clark represented an 85-year-old Washington man in a Salmonella claim against the cantaloupe importer, I. Kunick.

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Taco Bell E. coli Outbreak - Northeast

Marler Clark represented six victims of the 2006 E. coli outbreak traced to lettuce served at Taco Bell restaurants in the northeast.  Residents of New Jersey, New York, Pennsylvania, Delaware, and South Carolina were all part of the outbreak.

Taco Bell Hepatitis A Outbreak - Florida

In 2000, Florida public health officials investigated a hepatitis A outbreak among residents of several counties.  An epidemiologic study revealed that the source of the outbreak was the consumption of food served at Taco Bell, specifically green onions.  Marler Clark represented four clients in claims against Taco Bell.

Taco John’s E. coli Outbreak – Iowa and Minnesota

Marler Clark represented nine individuals who became ill with E. coli infections after eating food purchased from Taco John’s locations in Iowa and Minnesota.  The outbreak’s source was ultimately traced to a lettuce field in California.

Topps and Price Chopper E. coli Case - New York

Marler Clark represented the family of a young child who became ill with E. coli and HUS after eating a hamburger made from ground beef purchased at a Price Chopper store.  The Albany County Health Department investigated the case and determined that the child’s illness was the result of the consumption of a Topps brand hamburger patty purchased from Price Chopper.

Topps Meats E. coli Outbreak - Nationwide

Marler Clark represents several victims of a 2007 E. coli outbreak that was traced to the consumption of ground beef produced by Topps Meats of Elizabeth, New Jersey.  The meat producer recalled 21.7 million pounds of frozen ground beef products after the outbreak was announced, and later filed for bankruptcy.

Totino’s and Jeno’s Pizza E. coli Outbreak

General Mills announced on November 1, 2007, that the company was recalling its Totino’s Crisp Crust Party pizzas and Jeno’s Crisp ‘N Tasty pizzas for possible E. coli O157:H7 contamination. The recall was initiated after over 20 people became ill with E. coli infections after eating the pizzas.

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Union Pacific Railroad Auto Accident Litigation - Washington

Marler Clark represented a Seatle-area woman whose legs and knees were broken when a crane fell on top of the pickup she was driving.  The woman suffered life-long injuries; her claim was resolved for $1,000,000.

United Food Group E. coli Outbreak - Western States

In 2007, an E. coli O157:H7 outbreak was traced to the consumption of ground beef manufactured by United Food Group.  The firm recalled approximately 5.7 pounds of ground beef.  Fourteen illnesses were associated with the outbreak; Marler Clark represents five individuals in claims against UFG.

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Veggie Booty Salmonella Outbreak - Nationwide

Marler Clark represents 34 clients, mostly children, in claims against Robert’s American Gourmet, the company that sells Veggie Booty, a popular children’s snack that was recalled for Salmonella contamination after the product was identified as the source of an outbreak in 2007. 

Viva Cantaloupe Salmonella Outbreak - Nationwide

In 2001, a Salmonella outbreak among residents of several states was traced to the consumption of contaminated cantaloupe produced by a Mexican grower and imported by Shipley Sales Service of Nogales, Arizona.  Marler Clark represented victims of the outbreak in claims against the importer.

Viva Mexico Shigella Outbreak - California

Marler Clark represented 16 families with members who became ill with Shigella infections after eating food prepared at the Viva Mexico restaurant in Redwood City, California, in 2000.  The restaurant was cited for several critical violations that could have contributed to the spread of Shigella bacteria in the restaurant.

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Wal-Mart Salmonella Outbreak - Indiana

Marler Clark represented 20 people in claims against Wal-Mart after the chain’s Greenwood, Indiana, store was identified as the source of a Salmonella outbreak.  Investigators determined that a deli slicer was the source of the outbreak, which lasted between May and August of 2006.

Washington County Fair E. coli Outbreak - New York

An E. coli O157:H7 outbreak stemming from a contaminated well at the Washington County Fair in New York in 1999 sickened over 1,000 people, sent 65 to the hospital, and claimed two lives.  The outbreak was linked to an unchlorinated well at the Washington County Fair that was contaminated with manure from a barn only 83-feet away. Water from the tainted well was used for drinking, food preparation and hand-washing.

Washington State Department of Social and Health Services: O’Connor v. Department of Social and Heal

Denis Stearns represented Kathleen O’Connor in litigation against the Washington State Department of Social and Health Services after a state worker sexually assaulted her son. DSHS had denied access to public records, saying the act was not a tool to be used during pretrial discovery against the state.  Stearns took the case to the Washington State Supreme Court, and won.

Washington State Penitentiary Campylobacter Litigation - Washington

More than 100 inmates at the Washington State Penitentiary in Walla Walla, Washington, were infected with campylobacter jejuni blamed on poor food-handling in the prison kitchen. Health officials traced the infection to a leaky drain pipe contaminated with pigeon feces and leaking into the salad preparation area.

Wendy’s E. coli Outbreak - Oregon

In 2000, a large E. coli outbreak was traced to Oregon Wendy’s restaurants.  During its investigation into the outbreak, the Marion County Health Department (MCHD) and the Oregon Health Department determined that cross-contamination between raw meat and other food items was the source of the outbreak.  Marler Clark represented 15 victims of the Wendy’s E. coli outbreak in claims against the restaurant chain. 

Wendy’s E. coli Outbreak - Utah

Marler Clark represents several people who became ill with E. coli O121:H19 infections after eating food prepared at a Utah Wendy’s restaurant in 2006.  Over 300 people were potentially exposed to E. coli at a luncheon catered by Wendy’s, and at least three individuals developed hemolytic uremic syndrome during the outbreak.

Western Sizzlin’ Salmonella Outbreak - North Carolina

In April of 2002, the Western Sizzlin’ restaurant in Spruce Pine, North Carolina was the source of a Salmonella outbreak that resulted in 39 laboratory-confirmed cases of Salmonella infection.  Marler Clark represented 31 people in claims against Western Sizzlin’. 

White Water Water Park E. coli Outbreak

In 1998, at least 26 children became ill with E. coli infections after visiting the White Water Water Park outside of Atlanta, Georgia.  Marler Clark represented seven children and their families in litigation against the water park.

Wyndham Anatole Hotel Salmonella Outbreak - Texas

Food prepared and served at the Wyndham Anatole Hotel in Dallas, Texas, was the source of a Salmonella outbreak in 2002.  Health department investigators determined that an ill food-service worker had contaminated food while preparing it.  Marler Clark represented 19 victims of hte outbreak in claims against the hotel.

The Marler Clark Network