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.

Call us at 1 866-770-2032

Botulism Outbreak Litigation

Botulism is a rare but serious paralytic illness caused by a nerve toxin that is produced by the bacterium Clostridium botulinum. Clostridium botulinum is the name of a group of bacteria commonly found in soil. It is an anaerobic, gram-positive, spore-forming rod that produces a potent neurotoxin. These rod-shaped organisms grow best in low oxygen conditions. The bacteria form spores, which allow them to survive in a dormant state until exposed to conditions that can support their growth. The organism and its spores are widely distributed in nature. They occur in both cultivated and forest soils, bottom sediments of streams, lakes, and coastal waters, and in the intestinal tracts of fish and mammals, and in the gills and viscera of crabs and other shellfish.

Four types of botulism are recognized: foodborne, infant, wound, and a form of botulism whose classification is as yet undetermined. Foodborne botulism is the name of the disease (actually a foodborne intoxication) caused by the consumption of foods containing the neurotoxin produced by C. botulinum.

In the United States an average of 110 cases of botulism are reported each year. Of these, approximately 25% are foodborne, 72% are infant botulism, and the rest are wound botulism. Outbreaks of foodborne botulism involving two or more persons occur most years and usually caused by eating contaminated home-canned foods. The number of cases of foodborne and infant botulism has changed little in recent years, but wound botulism has increased because of the use of black-tar heroin, especially in California.  Foodborne botulism (as distinct from wound botulism and infant botulism) is a severe type of food poisoning caused by the ingestion of foods containing the potent neurotoxin formed during growth of the organism. The toxin is heat labile and can be destroyed if heated at 80°C for 10 minutes or longer. The incidence of the disease is low, but the disease is of considerable concern because of its high mortality rate if not treated immediately and properly. Most of the 10 to 30 outbreaks that are reported annually in the United States are associated with inadequately processed, home-canned foods, but occasionally commercially produced foods have been involved in outbreaks. Sausages, meat products, canned vegetables and seafood products have been the most frequent vehicles for human botulism. We are involved in representing families of children who have suffered from this toxin.

Campylobacter Outbreak Litigation

Campylobacter is the second most common cause of foodborne illness in the United States after Salmonella. Over 3,000 cases were reported to the Centers for Disease Control and Prevention in 2003, or 12.6 cases for each 100,000 persons in the population. Many more cases go undiagnosed and unreported, with estimates as high as 2 to 4 million cases per year. It is estimated that each case costs $920 on average due to medical and productivity (lost wages) expenses with an annual total cost of $1.2 billion.

Chicken is the most common food implicated. Any raw poultry—chicken, turkey, duck, goose, game fowl—meat and its juices may contain Campylobacter including organic and “free-range” products. Other foods include unpasteurized milk, undercooked meats such as beef, pork, lamb, and livestock offal, and occasionally shellfish, fresh produce, and eggs.

Most cases of Campylobacter infection occur as isolated, sporadic events, and are not usually part of large outbreaks. But, very large outbreaks (>1,000 illnesses) of campylobacteriosis have been documented, most often from consumption of contaminated milk or unchlorinated water supplies.

Cryptosporidium Outbreak Litigation

Cryptosporidium parvum (also known as “Crypto") is a parasite that is too small to be seen with the naked eye. It is found in water and food sources contaminated with the feces of infected humans, cattle, and other mammals. The infectious form of the parasite, known as a ìoocyst, it is highly resistant to the levels of chlorine normally found in drinking water and swimming pools. We are involved in representing families of children who have suffered from this parasite.

Cyclospora Outbreak Litigation

Cyclospora is a parasite composed of one cell, too small to be seen without a microscope. The organism was previously thought to be a blue-green alga or a large form of Cryptosporidium. Cyclospora cayetanensis is the only species of this organism found in humans. The first known human cases of illness caused by Cyclospora infection (that is, cyclosporiasis) were first discovered in 1977. An increase in the number of cases being reported began in the mid-1980s, in part due to the availability of better diagnostic techniques. Over 15,000 cases are estimated to occur each year in the United States. The first outbreak in North America occurred in 1990 from contaminated water. Since then, several outbreaks of cyclosporiasis have been reported in the U.S. and Canada, many associated with eating fresh fruits or vegetables. In some developing countries, cyclosporiasis is common among the population and travelers to those areas have become infected as well.

E. coli O157:H7 Outbreak Litigation

E. coli O157:H7 was identified for the first time at the CDC in 1975, but it was not until seven years later, in 1982, that E. coli O157:H7 was conclusively determined to be a cause of enteric disease. Following outbreaks of foodborne illness that involved several cases of bloody diarrhea, E. coli O157:H7 was firmly associated with hemorrhagic colitis.

The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications. The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness.

E. coli O157:H7 bacteria are believed to mostly live in the intestines of cattle but have also been found in the intestines of chickens, deer, sheep, goats, and pigs. E. coli O157:H7 does not make the animals that carry it ill; the animals are merely the reservoir for the bacteria.

While the majority of foodborne illness outbreaks associated with E. coli O157:H7 have involved ground beef, such outbreaks have also involved unpasteurized apple and orange juice, unpasteurized milk, alfalfa sprouts, and water. An outbreak can also be caused by person-to-person transmission of the bacteria in homes and in settings like daycare centers, hospitals, and nursing homes. We are involved in representing families of children who have suffered from this bacterium.

Almquist et al. v. Finley School District

This appeal involved a $4.6 million dollar verdict that Marler Clark attorneys had won on behalf of eleven elementary school children injured in E. coli O157:H7 outbreak linked to undercooked ground beef used in tacos sold as part of a school lunch. The defendant school district appealed, trying to get the verdict reversed. The school district argued that Washington’s Product Liability Act did not apply to it, and that preparing tacos for a school lunch did not make the school district a manufacturer like other restaurants might be. The Court of Appeals rejected this argument, and held that school districts that sold school lunches should be held to the same safety standards as every other restaurant in the state.

114 Wn.App.395, 57 P.3d 1191 (2002) available at http://www.appeal-law.com/appeals/almquist.html

More about Almquist et al. v. Finley School District is available in the Case News section of the site.

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

This groundbreaking appellate decision resolved the issue of whether state agencies could refuse to disclose public records relevant to a lawsuit under the Public Records Act, and instead require the person seeking the public records to obtain them in the lawsuit by way of discovery request. Refusing to accept the agency’s refusal to disclose public records, the attorneys at Marler Clark asked the Washington Supreme Court to resolve the question by granting direct, discretionary review—something the Court rarely does. Granting such review, the Supreme Court sided with the position advocated by Marler Clark, handing its client huge victory, while also creating an important precedent on behalf of every other person in the state seeking the disclosure of public records relevant to a lawsuit against a public agency.

143 Wn.2d 895, 25 P. 3d 426 (2001) available at http://mrsc-web.mrsc.org/mc/courts/supreme/143wn2d/143wn2d0895.htm

Kriefal and Lesak et al. v. Excel Corp.

This important case arose from a large outbreak among customers of two Milwaukee-area Sizzler restaurants caused by consumption of buffet food items that had been cross-contaminated with E. coli O157:H7 that is alleged to have originated from sirloin tri-tips purchased by the restaurants from Excel, one of the defendants in the case.

Excel argued that the persons injured in the outbreak had no right to sue because, according to Excel, federal law allowed it to sell intact cuts of meat contaminated with E. coli O157:H7, and that law preempted any state law that would allow an injured person to recover damages. The trial court agreed with this argument and dismissed the legal claims against Excel. On behalf of our clients, the Marler Clark attorneys appealed and won. The Wisconsin Court of Appeals reversed the trial court’s decision, ruling that “federal preemption does not close the doors of Wisconsin’s courts to the claims against Excel.”

Excel appealed the case further, first to the Wisconsin Supreme Court, and then to the U.S. Supreme Court. In both instances, however, Marler Clark attorneys were able to have the Court of Appeals decision upheld so that the case could proceed to trial.

665 N.W.2d 417 (WI App 2003) available at http://wislaw.org/res/capp/2003/02-1939.htm

More about Kriefal and Lesak et al. v. Excel Corp. is available in the Case News section of the site.

Crane Accident Litigation

In August, 1994, William Louth and Jorge Turincio were beginning the fifth straight day of a 12-hour, late-night shift repairing loose tiles on the Kingdome ceiling when a crane bucket lifting them inside the Kingdome hit the ceiling. Louth and Turincio plunged 250 feet to the Kingdome floor. Both men died.

Bill Marler represented the family of William Louth in a wrongful death action against two contractors charged with the negligent death of Mr. Louth. A lawsuit was brought in US Federal District Court against Ness Crane Service Inc. and Pacific Components Inc. The suit alleged that Ness Crane, the crane operator, and Pacific Components, the general contractor, failed to comply with safety regulations.

Pacific Components was fined $10,450 and Ness Crane $16,300 for violations found during a subsequent investigation by the state Department of Labor & Industries. Long Painting Co., the men’s employer, was fined $12,290. Each company has appealed the citation.

The suit was settled for an undisclosed amount.

More about the Kingdome crane accident, and the following litigation is available in the Case News section of the site.

Lane, Oregon - County Fair E. coli Litigation

Marler Clark represented many of the 82 people, most of them young children, who were sickened by E. coli O157:H7 at the Lane County Fair in Eugene, Oregon, in the summer of 2002.

The Lane County outbreak was the largest E. coli O157:H7 outbreak in Oregon State history. Of the 82 victims, nearly two-thirds were children younger than age six. Twelve developed Hemolytic Uremic Syndrome. Many of them had not directly touched any animals, but health investigators established a genetic link between the E. coli among the victims and the livestock at the fair. Officials identified E. coli bacteria on or near air circulation ducts, leading them to believe the toxins were spread through the air.

More about the Lane County Fair E. coli O157:H7 outbreak is available in the Case News section of the site.

North Carolina State Fair E. coli Outbreak Litigation

The North Carolina State Department of Health and Human Services (DHHS) announced on November 8 that the North Carolina State Fair was the source of over 106 cases of E. coli O157:H7 amongst persons who attended the fair. On December 16, N.C. DHHS released an outbreak report, and stated that “Many activities in the Crossroads Farm Petting Zoo were associated with illness.”

DHHS had collected environmental specimens from several areas at the N.C. State Fair, and determined that the Crossroads Farm Petting Zoo site had a high number of positive specimens for E. coli O157:H7. Nineteen of thirty specimens obtained from this area were positive for E. coli, and the PFGE pattern, or genetic fingerprint, of the bacteria matched the pattern seen from 33 case-patients’ cultures.

Marler Clark commenced E. coli litigation against Crossroads Farm Petting Zoo on December 17, 2004 when the firm filed a lawsuit on behalf of four children who became ill with E. coli infections.

More about the Crossroads Farm Petting Zoo E. coli outbreak at the North Carolina State Fair is available in the Case News section of the site.

Atlanta White Water Waterpark E. coli O157:H7 Litigation

In the summer of 1998, 26 children became ill from E. coli O157:H7 contracted while playing in the kiddie pool at White Water Park, a commercial water park in suburban Atlanta. Seven of those children were hospitalized and a 2-year-old boy died from Hemolytic Uremic Syndrome, a kidney disorder caused by E. coli O157:H7.

Operators of the pool initially denied responsibility for the E. coli outbreak, but investigators determined that the chlorine level in the pool was well below the local health standard on the days when the water was contaminated, greatly increasing the risk of infection.

Marler Clark represented most of the victims and their families, eventually obtaining multi million dollar settlements. The incident increased national awareness of the hazards of water contamination, prompting the industry to pay closer attention to pool cleaning and chlorine.

More about the White Water Park E. coli outbreak is available in the Case News section of the site.

AgVenture Farms E. coli O157:H7 Outbreak Litigation

The Florida State Department of Health (DOH) identified 22 confirmed cases of E. coli O157:H7 and Hemolytic Uremic Syndrome in Central Florida during March, 2005. At least 35 additional cases were suspected as of April 1, 2005.

The DOH stated that exposure to AgVenture’s animals at three fairs - the Central Florida Fair in Orlando, the Florida State Fair in Tampa, and the 2005 Florida Strawberry Festival were the common link between all E. coli victims.

Marler Clark filed three individual lawsuits on behalf of people who became ill with E. coli O157:H7 after attending the Central Florida State Fair and the Florida Strawberry Festival.

More about the AgVenture Farms E. coli outbreak at the Central Florida Fair, the Florida State Fair, and Florida Strawberry Festival is available in the Case News section of the site.

Seneca Lake State Park Spraypark Cryptosporidium Litigation

During June, July, and August, 2005, nearly 4,000 people became ill with Cryptosporidiosis after visiting the spraypark at Seneca Lake State Park in New York. The New York State Health Department determined that the spraypark’s holding tanks were contaminated with Cryptosporidium, a parasite that causes gastrointestinal illness in humans, when ingested.

Marler Clark filed a class action lawsuit against the New York Office of State Parks, Recreation and Historic Preservation in September, 2005. The class action was certified in July of 2006, and the court is considering a motion asking that the State of New York provide notice of a potential claim to all persons exposed to Cryptosporidium at Seneca Lake State Park who reported their illness to the state health department.

More about the Seneca Lake spraypark Crypto outbreak is available in the Case News section of the site.

Schuerhoff v. Schrader, et al.

In January, 1996, 17-year-old Michael Scheurhoff was pushed to his death from an abandoned railroad trestle in Bothell, Washington.

In criminal proceedings, Steven Garza, Benjamin Drake, and Lawrence Edinger were acquitted on manslaughter charges. Tyler Wheaton pleaded guilty to rendering criminal assistance, and Brian Schrader was sentenced to 20 years in prison for pushing Michael from the tresle.

Bill Marler filed a wrongful death suit against Schrader, Edinger, Drake, Garza and Weaton, 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 the abandoned trestle, and then failed to rescue him, allowing him to drown in the Sammamish River in Bothell.

The lawsuit was settled after extensive discovery.

To read more about Schuerhoff v. Schrader, et al., visit the News Archives.

Louth v. King County

In August, 1994, William Louth and Jorge Turincio were beginning the fifth straight day of a 12-hour, late-night shift repairing loose tiles on the Kingdome ceiling when a crane bucket lifting them inside the Kingdome hit the ceiling. Louth and Turincio plunged 250 feet to the Kingdome floor. Both men died.

Bill Marler represented the family of William Louth in a wrongful death action against two contractors charged with the negligent death of Mr. Louth. A lawsuit was brought in US Federal District Court against Ness Crane Service Inc. and Pacific Components Inc. The suit alleged that Ness Crane, the crane operator, and Pacific Components, the general contractor, failed to comply with safety regulations.

Pacific Components was fined $10,450 and Ness Crane $16,300 for violations found during a subsequent investigation by the state Department of Labor & Industries. Long Painting Co., the men’s employer, was fined $12,290. Each company has appealed the citation.

The suit was settled for an undisclosed amount.

To read news about the Kingdome crane accident, and the following litigation, visit the News Archives. 

Maple Lawn Dairy Hepatitis A Litigation

In early October, 2004, a number of hepatitis A cases were linked to consumption of food from the Maple Lawn Dairy Family Restaurant in Elmira, New York. Food contaminated by an ill food handler working at the Maple Lawn Dairy was determined to be the source of infection.

Don Rockwell ate at the Maple Lawn Dairy on October 3, 2004, and subsequently became ill with a hepatitis A infection. Mr. Rockwell was hospitalized at Strong Memorial Hospital in Rochester, NY for four months. He died on March 13, 2005, after suffering from acute hepatitis A, liver failure, and several secondary infections. Mr. Rockwell’s medical bills exceeded $1 million.

Marler Clark represented the estate of Mr. Rockwell and his two minor children in litigation against the Maple Lawn Dairy.

More about the Maple Lawn Dairy hepatitis A outbreak is available in the Case News section of the site.

Karl Ehmer E. coli O157:H7 Litigation

A 20-month-old New Jersey boy died of E. coli poisoning in August, 2000, ten days after eating barbecued ground beef purchased at Karl Ehmer Meats in Lake Hiawatha, New Jersey. Marler Clark represented the family, who was also sickened by the outbreak, but recovered.

The butcher shop, part of an East Coast chain, recalled its ground beef after health officials tested frozen hamburger in the family’s freezer and traced the meat to the local shop.

Marler Clark and Karl Ehmer Meats settled the claim for an undisclosed amount.

More about the Karl Ehmer Meats E. coli litigation is available in the Case News section of the site.

ConAgra E. coli O157:H7 Litigation

In the summer of 2002, an E. coli O157:H7 outbreak was traced to ground beef produced at the ConAgra meat-packing plant in Greeley Colorado. ConAgra recalled over 18 million pounds of ground beef, but at least 46 people became ill with E. coli infections as part of this outbreak, and one woman died.

Marler Clark represented most of the victims of the outbreak, including the family of Patricia Pfoutz, the woman who died after consuming E. coli-contaminated ground beef produced by ConAgra.

ConAgra eventually acknowledged that its meat was contaminted with E. coli O157:H7 and settled all of the claims Marler Clark brought on behalf of victims and their families.

More about the ConAgra ground beef E. coli outbreak is available in the Case News section of the site.

Evergreen Milton-Freewater Rehabilitation Center Litigation

Marler Clark filed a lawsuit against the Evergreen Milton-Freewater Rehabilitation Center on behalf of the family of an elderly resident who suffered debilitating injuries in the rehabilitation center. Both of Naomi W.’s legs were fractured when an Evergreen employee who was transferring her from her bed to a chair let her fall to the floor. Following the fall, the employee did not seek medical attention for Naomi, but instead placed her back in her bed. Evergreen employees did not seek medical attention for Naomi for two days following the incident.

The lawsuit asked that a jury award the estate of Naomi for her disability, pain, and suffering that resulted from her fall, and for expenses for medical services and memorial services.  The case was resolved in 2006.

Leigh L. - Bike Accident Litigation

In 2001, Leigh L was a 28 year-old competitive tri-athlete working toward a Ph.D. in industrial psychology when a collision with a car while bike riding derailed her life. On a pleasant Seattle afternoon, Leigh was training with a friend when a young inattentive driver made a left turn directly in front of her on a residential street. Though the impact occurred at relatively low speed, Leigh’s helmeted head still left a dent in the SUV’s frame. The impact threw Leigh off her bike and onto the pavement where she lost consciousness for several minutes. Evaluated at Harborview medical Center, Leigh was released the same day with a diagnosis of a concussion and a shoulder injury of undetermined severity.

Only the passage of time would reveal that Leigh’s “mild” traumatic brain injury would have profound effects on her cognition, including her memory, ability to focus, and to follow sequential directions. Her husband was shocked to see the degree to which his wife’s well-honed mind was struggling to work. Leigh ended up attending an out patient cognitive rehabilitation facility for over two months. While she went on to obtain her Ph.D., it was a constant struggle to cope with her impaired ability to concentrate and now constant headaches. To make matters worse, her shoulder injury turned out to be serious and the source of chronic pain. Leigh’s extensive recovery from her injuries is a testament to her drive and determination.

Marler Clark filed suit to prevent the running of the statute of limitations and then prepared an extensive, well-documented demand package that covering all aspects of Leigh’s case. This included input from her treating orthopedist, a neuropsychologist we sent her to in order to evaluate the nature and extent of her brain injury and a vocational expert who evaluated the impact of the brain injury on Leigh’s ability to work in the future. In a typical move, the driver’s insurance company had Leigh evaluated by its own experts who concluded that she was essentially unchanged from her pre-accident status. Only after extensive negotiations, and one mediation which failed to resolve the case, were we able to convince the insurer to pay a sum commensurate with Leigh’s injuries. Her case is a reminder that many injuries do not become fully apparent until considerable time has passed and a rush to settlement can be disastrous for the unrepresented accident victim.

Union Pacific Railroad Accident Litigation

At the time of her accident, JoAnn Beffert was an energetic and hard working supervisor at a railway cargo terminal. In February 2001, Ms. Beffert was parked in her pick-up truck in the Seattle Union Pacific railroad yard, waiting to give a co-worker a lift. Suddenly, a wheel on a 175,000 pound “piggy packer” crane, a crane used to load and unload containers off railroad cars, broke through a concrete lid on the yard surface, causing the crane to tip over. The crane crashed onto its left side, landing squarely on the pick-up truck, and crushing it. The dashboard of the truck pinned down Ms. Beffert’s legs, and she was unable to move. It took over four hours, and two attempts by the rescuers at the scene with another heavy duty crane, before the fallen crane was lifted up enough to extract Ms. Beffert from the wreckage.

Ms. Beffert suffered numerous fractures of both legs and knees. Following surgery to both legs, Ms. Beffert remained hospitalized for 12 days, and was then transferred to a rehabilitation center, where she remained for an additional 14 days. Despite aggressive rehabilitation efforts, Ms. Beffert was unable to return to work for over a year from the accident date. She remained with some limited motion in her legs, significant scars, degenerative arthritis in her hip, and continuing instability and pain in her right knee.

Marler Clark, on Ms. Beffert’s behalf, thoroughly investigated the accident facts, retained engineering and construction site experts, and determined that the Union Pacific had failed to properly prevent heavy machinery such as the crane from moving over and parking on the concrete lid which eventually failed, causing the crane to tip over. The railroad contested its liability, a lawsuit was filed, and litigation continued for many months. On the eve of trial, the case was settled for the sum of $1,000,000.

To read news about the Union Pacific auto accident and the ensuing litigation, visit the Marler Clark News Archives. 

Miller vs. Pilchuck Contractors

In November, 1999, Martin Miller was employed as a full-time commercial truck driver for a local trucking company, a job he had been doing for about twenty years. On November 16, 1999, Mr. Miller was assigned to deliver a load of plastic pipe to a construction site. At the site, while he was on one side of the truck, loosing a strap holding down the load, an employee of a contractor at the site volunteered to help, and, without letting Mr. Miller know, loosened the straps on the other side of the truck and of the load. The plastic pipe now had nothing to hold it in place, and the pipe rolled off the truck, striking Mr. Miller on the head. He lost consciousness for a minute, and suffered head wounds. Once he was taken to the hospital, he was diagnosed with scalp lacerations, a closed head injury, and cervical strain.

Mr. Miller subsequently started to suffer from extremely severe headaches, double vision, and dizzy spells. He also started experiencing temporary black-outs, that forced him to stop driving truck in December, 1999; he was never able to drive a truck again. Mr. Miller underwent a number of examinations and tests by different medical specialists over the following months, to identify the cause of his continuing vision problems, headaches, and blackouts. Ultimately, it was determined that he had suffered a significant brain injury, causing him continuing posttraumatic headaches, chronic double vision, lapses in memory, and decreases in hearing, smell and taste. He was no longer able to pursue his truck driving career, and had limited other options, given his education and work experience.

The defendant contractor contested liability, and litigation was commenced. Marler Clark investigated the accident facts and retained experts in the trucking industry to assess the actions of the various people involved, establishing the evidence of the negligence of the contractor’s employee. In addition, Marler Clark assisted Mr. Miller in his period of rehabilitation and physical and mental recovery by ensuring that he was treated by the appropriate doctors, and that he received the maximum benefits available. Ultimately, after months of litigation, the case was settled for the amount of $550,000.

Wyman v. Berg, Detter

Ruby Wyman was an elderly woman in excellent health when she went shopping with her sister in April, 2002. Her sister was driving, and Ms. Wyman was the passenger. While proceeding westbound through a controlled intersection, a car driven at full speed southbound through the same intersection collided with the car occupied by Ms. Wyman, crashing into the front passenger side where she was sitting. Ms. Wyman had to be extricated from the car.

After being taken to the hospital by ambulance, Ms. Wyman was diagnosed with rib and hip fractures. While hospitalized, she developed pneumonia, and infections due to the intravenous medical treatment. She suffered from rib and hip pain, shoulder pain, shortness of breath, and debilitating weakness. She required oxygen therapy because of her inability to breathe properly due to her injuries. Due to her forced bed-rest and inability to move, she lost muscle strength and flexibility. Finally, after forty-three days of hospitalization, she was discharged to a nursing home for rehabilitation, which continued for an additional eight days. On her return home, she worked hard to regain her former health, but was hampered by her reduced endurance and continuing problems with breathing. She was ultimately diagnosed with a permanent reduction in her capacity to breathe properly.

Liability was hotly contested by the drivers of both cars. Each claimed the light was green when they entered the intersection. There were only two eyewitnesses, and each thought that a different driver had the right of way. Marler Clark conducted a thorough investigation of all the relevant facts, developing evidence of negligence by both drivers that contributed to the accident. Shortly before the day of trial, the case was settled for a total amount of $350,000. 

Robin R. - Bike Accident Litigation

Robin R. was an athletic wife and mother of three when an inattentive driver sent her to the hospital. Although Robin was a careful rider always on the lookout for motor vehicles, she could do nothing when an elderly motorist made a left turn directly in front of her while she was cycling near her home. Thrown from her bike, Robin was taken to Seattle’s Swedish hospital where x-rays revealed that her pelvis was fractured in three places. She also had a separated shoulder and numerous abrasions. While her fractured pelvis did not require surgery, it was exquisitely painful and required her to be immobilized in her hospital bed for nearly a week.

Discharged home in a wheelchair, Robin was bed-bound except for trips to the bathroom. Her husband was now in charge of their three young children while taking care of Robin. Recovery was slow and tedious. First, she was able to get around her home with crutches. Next, after eight weeks she was able to start physical therapy. All the time she was worried about her work as a freelance graphic artist. Fortunately, her previously excellent physical conditioning and determination allowed Robin a nearly full recovery, but only after many months of pain and physical limitations. While the insurer for the adverse driver disputed the extent of Robin’s injuries, we were able to obtain the full insurance limits of $100,000.

Miller v. CDS Lines

In September 1999, 45-year-old Michael Miller had just completed truck driving school with his son, and they had purchased a tractor-trailer truck which they intended to drive together. The Millers had been driving for about a month when they were rear-ended on the freeway while driving a load through Nebraska. Another truck driver had fallen asleep in a truck behind them, and that vehicle sped forward at a high rate of speed, crashing into the back of the Miller truck. The impact was tremendous with the significant whiplash effect made worse by Mr. Miller’s seat belt straps.

Once the Millers were able to leave the accident scene, the Millers headed for Denver, where they both received medical treatment. Mr. Miller was diagnosed with multiple strains, was told not to do any commercial driving, and the Millers were forced to leave the truck and return home to Washington State by rental car. Mr. Miller was treated for headaches, shoulder and low back and hip pain for many months, and was unable to work during this time. Most of Mr. Miller’s injuries resolved, but fifteen months after the accident, Mr. Miller was forced to undergo complete left hip replacement surgery. Following his rehabilitation, he was left with continuing lifting restrictions, and a likely future additional hip replacement.

Marler Clark assisted Mr. Miller with a thorough accident investigation. The law firm also worked with Mr. Miller and his employer and care providers to ensure that he got the employment benefits and medical care he deserved while he was incapacitated, during the long period until his medical condition stabilized. Once Mr. Miller had returned to his maximum level of health, the case was settled for $187,500. 

Linda F. v. United States Navy

Marler Clark represented a Seattle woman in her claim against the U.S. Navy, which arose out of permanent injuries she suffered as a civilian on a Naval vessel. Linda F. had been invited as a passenger on a small Naval ship as part of the festivities associated with the “Tall Ships” festival in Seattle during the summer of 2002. While piloting the boat in Ellliot Bay, a Naval officer failed to account for a wake as the boat traveled at high speed. The resulting jolt tossed Linda to the deck. Linda suffered a “lis franc” fracture to her foot, necessitating the surgical placement of pins in the foot. The injury left Linda permanently partially disabled, and in life-long nerve pain. Marler Clark filed suit against the US Navy in Federal District Court in Seattle. The case was settled in January, 2005 for $400,000.

Banguot v. American Seafoods

Marler Clark obtained a $225,000 settlement on behalf of Thichiot Banguot, a Sudanese immigrant who suffered a frostbite injury aboard the Ocean Rover, an American Seafoods fishing vessel. Mr. Banguot’s left index through small fingers became frostbitten, requiring amputation of his fingertips, after the vessel’s freezer supervisor permitted Mr. Banguot to work inside the Ocean Rover’s freezer hold wearing only thin glove liners.

Dominguez v. Lamppost Pizza and Draft Beer Maintenance Company

Marler Clark represented Steven Dominguez and his family against Draft Beer after Mr. Dominguez was served a toxic sample of beer at the Lamppost Pizza restaurant in Huntington Beach, California. Mr. Dominguez drank the sample, and suffered severe caustic injuries to the esophagus and stomach. He was hospitalized for 18 days and continued to suffer from his injuries for months after he was released.

Testing on a diluted sample of the solution swallowed by Mr. Dominguez indicated a pH reading of 14 – a pH value with an extremely high caustic alkaline reading, even more potent than oven cleaner. The sample was determined to be a mixture of potassium hydroxide and beer.

It was later determined that the line connecting the draft beer keg to the bar tap from which Mr. Dominguez’ sample was served had been cleaned the previous day with a toxic chemical cleanser. That particular line had not been flushed following its cleaning, and therefore contained a significant concentration of the toxic chemical utilized to clean out the tap line.

Enterobacter sakazakii Outbreak Litigation

E. sakazakii, a gram-negative bacillus, is a rare cause of bloodstream and central nervous system infections.  Although E. sakazakii can cause illness in all age groups, infants (children <1 year) are at most risk, with neonates and infants under two months at greatest risk. The groups of infants at greatest risk includes in particular pre-term infants, low-birth-weight (<2.5 kg) infants or immunocompromised infants. A growing number of reports have established powdered infant formula as a primary source and vehicle of infection.  The FDA points out that powdered infant formulas are not commercially sterile products. Powdered milk-based infant formulas are heat-treated during processing, but unlike liquid formula products they are not subjected to high temperatures for sufficient time to make the final packaged product commercially sterile. In several investigations of outbreaks of E. sakazakii infection that occurred among neonates in neonatal intensive care units, investigators were able to show both statistical and microbiological association between infection and powdered infant formula consumption.  Mortality rates from E. sakazakii infection have been reported to be as high as 50 percent or more, but this figure has declined to under 20 percent in recent years. Significant morbidity in the form of neurological deficits can result from infection, especially among those affected with bacterial meningitis and cerebritis. 

Hepatitis A Outbreak Litigation

Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to hepatitis A, but the rate of infection has dramatically decreased since the hepatitis A vaccine was licensed and became available in the U.S. in 1995.

Hepatitis A is a communicable (or contagious) disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Food contaminated with the virus is the most common vehicle transmitting hepatitis A. The food preparer or cook is the individual most often contaminating the food, although he or she is generally not ill at the time of food preparation. The peak time of infectivity, when the most viruses are present in the stool of an infectious individual, is during the two weeks before illness begins. Although only a small percentage of hepatitis A infections are associated with foodborne transmission, foodborne outbreaks have been increasingly implicated as a significant source of hepatitis A infection.

Hepatitis A may also be spread by household contact among families or roommates, sexual contact, ingestion of contaminated water, ingestion of raw or undercooked fruits and vegetables or shellfish (like oysters), and from persons sharing illicit drugs. Children often have asymptomatic or unrecognized infections and can pass the virus through ordinary play to family members and other children and adults. We are involved in representing families of children who have suffered from this virus.

Listeria Outbreak Litigation

Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

Approximately 2,500 cases of listeriosis are estimated to occur in the U.S. each year. About 200 in every 1000 cases result in death. Certain groups of individuals are at greater risk for listeriosis, including pregnant women (and their unborn children) and immunocompromised persons. Among infants, listeriosis occurs when the infection is transmitted from the mother, either through the placenta or during the birthing process. These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease. Human cases of listeriosis are, for the most part, sporadic and treatable. Nonetheless, Listeria remains an important threat to public health, especially among those most susceptible to this disease. We are involved in representing families of children who have suffered from this bacterium.

Norovirus Outbreak Litigation

Noroviruses are estimated to cause 23 million cases of acute gastroenteritis (commonly called the “stomach flu") in the U.S. each year, and are the leading cause of gastroenteritis. Of viruses, only the common cold is reported more often than viral gastroenteritis (norovirus).

Noroviruses may cause more outbreaks of foodborne illness than all bacteria and parasites. They can cause extended outbreaks because of their high infectivity, persistence in the environment, resistance to common disinfectants, and difficulty in controlling their transmission through routine sanitary measures.

The norovirus is transmitted primarily through the fecal-oral route and fewer than 100 norovirus particles are said to be needed to cause infection. Transmission occurs either person-to-person or through contamination of food or water. Transmission can occur by touching surfaces or objects contaminated with norovirus and then placing that hand in your mouth; having direct contact with another person who is infected and showing symptoms; sharing foods or eating utensils with someone who is ill; exposure to aerosolized vomit; and consuming food contaminated by an infected food handler. We are involved in representing families of children who have suffered from this bacterium.

Salmonella Outbreak Litigation

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks. We are involved in representing families of children who have suffered from this bacterium.

Shigella Outbreak Litigation

Shigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as “bacillary dysentery.” Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms. This is why shigellosis is the most communicable of the bacterial-induced diarrheas.

The source of Shigella bacteria is the excrement (feces) of an infected individual that is ultimately ingested by another person. The infectious material is spread to new cases by person-to-person contact or via contaminated food or water. Approximately 20% of the nearly 450,000 cases of shigellosis that occur annually in the U.S are foodborne-related. Generally, the food preparer is the individual who contaminates the food, but food may also become contaminated during processing. Contamination of drinking water by Shigella is a problem that more often occurs in the developing world, but swimming pools and beaches in the U.S. can become contaminated by infected individuals. No group of individuals is immune to shigellosis, but certain individuals are at increased risk, particularly small children. We are involved in representing families of children who have suffered from this bacterium.

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