Marler Blog

November 29, 2025

ByHeart Infant Formula went to 21 Countries. Are infants ill? Are they getting the BabyBIG botulism anti-toxin?

The FDA has published the following warning: Consumers worldwide should not use any ByHeart brand infant formula as all ByHeart products are included in this recall. As we know, as of November 26, 2025, a total of 37 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various […]

July 28, 2013

Cyclospora Outbreak Sickens at Least 321 Since June and We Don’t Know the Cause – Yet

As of July 25, 2013, CDC has been notified of 321 cases of Cyclospora infection in residents of 14 states and one city, including Iowa, Nebraska, Texas, Florida, New York City, Wisconsin, Georgia, Missouri, Arkansas, Connecticut, Minnesota, New Jersey, and Ohio. Illinois and Kansas have also notified CDC of one case each that may have […]

Cyclospora
July 28, 2013

It is Past Time to Step Up on Foodborne Illness Surveillance

Cyclospora outbreak going on since June 1 and we do not know the source. Did you hear the joke about the two doctors and a trial lawyer? I am sure there might be something funny here if it were not that part of the story involves 321 sick with Cyclospora in 15 states and me […]

Cyclospora
July 26, 2013

Three Outbreaks in Iowa – Cyclospora, Cryptosporidium and Salmonella

The Iowa Department of Public Health reported that it has received 26 reports of illness linked to a relatively uncommon strain of the Salmonella bacteria. The department said Salmonella cases had been confirmed in Allamakee, Black Hawk, Buena Vista, Cerro Gordo, Des Moines, Humboldt, Jasper, Kossuth, Madison, Mahaska, Marshall, Muscatine, Polk, Scott, Sioux, Story, Union, […]

Salmonella Cyclospora +1
July 26, 2013

Iowa, Nebraska, Texas, Florida, New York City, Wisconsin, Georgia, Missouri, Arkansas, Connecticut, Minnesota, New Jersey, and Ohio. Illinois and Kansas Linked to Cyclospora Outbreak

The CDC reports as of July 25, 2013 (5pm EDT), CDC has been notified of 321 cases of Cyclospora infection in residents of multiple states and one city, including Iowa, Nebraska, Texas, Florida, New York City, Wisconsin, Georgia, Missouri, Arkansas, Connecticut, Minnesota, New Jersey, and Ohio. Illinois and Kansas have also notified CDC of one […]

Cyclospora
July 25, 2013

Cyclospora and Hepatitis A Outbreaks Update – Busy Summer

The CDC reports that as of July 24, 2013, 285 cases of Cyclospora infections have been confirmed from 11 states. The number of cases identified in each state is as follows: Iowa (138)†, Nebraska (70)†, Texas (66)†, Wisconsin (3), Georgia (2), Connecticut (1), Illinois (1)‡, Kansas (1)‡, Minnesota (1), New Jersey (1), and Ohio (1). […]

Hepatitis A Cyclospora
July 25, 2013

Why I Love My Job

A few months ago I was asked to write something by WSBA about my practice and life as a lawyer.  The ask was something like this: Mr. Marler, I noted that you are a (“the” – I must admit I added that) preeminent litigator in food poisoning cases in our state (well, actually the “world” […]

E. coli HUS
July 24, 2013

275 with Cyclospora in Iowa, Nebraska, Texas, Wisconsin, Georgia, Connecticut, Illinois, Kansas and New Jersey

Texas may have as many as 75 ill according to press reports. The CDC reports a total of 275 cases of Cyclospora infection have been reported from nine states. The number of cases identified in each state is as follows: Iowa (127)†, Nebraska (68)†, Texas (65)†, Wisconsin (4), Georgia (2), Connecticut (1), Illinois (1)‡, Kansas […]

Cyclospora
July 24, 2013

Herb Stevens, Yet Another Listeria Cantaloupe Victim, Died Last Night

Sometime last night while I was heading home from Austin from the last meeting with the lawyers and insurance carriers for Frontera (broker), Freshpack (shipper), King Soopers (retailer) and Primus (auditor), Herb Stevens took his last breath. If I were a cynic, you could look at the justice delayed and see that the strategy of […]

Listeria
July 23, 2013

Charles Palmer, Master Marine Corps Sergeant Ret., and Cantaloupe Listeria Victim, Died over the Weekend

Before Charles died he wanted to resolve the claim against Frontera, Freshpack, Walmart and Primus.  He wanted to make sure the $250,000 in medical bills were repaid and that Tammie and the boys were fairly cared for.  He never got to see that happen. We tried in countless meetings (including the last one that ended […]

Listeria
July 23, 2013

CDC Weighs in on Multi-State Cyclospora Outbreak – Cause is Elusive

As of July 22, 2013 (5pm EST), CDC has been notified of more than 250 cases of Cyclospora infection in residents of multiple states, including Iowa, Nebraska, Texas, and Wisconsin. Illinois and Kansas have also notified CDC of one case each that may have been acquired out of state but in the United States. Most […]

Cyclospora
July 23, 2013

Final Report: Cross-Contamination and Ill Employees Link in All American Grill Salmonella Outbreak

Cumberland County and North Carolina state public health investigators have determined that the All American Grill within the Holiday Inn Bordeaux was the source of a Salmonella outbreak in May that resulted in 100 identified cases of illness. According to the report by the N.C. Department of Health and Human Services, public health officials could […]

Salmonella
July 22, 2013

Iowa, Nebraska, Texas, Wisconsin, Illinois and Kansas Together in Cyclospora

Food Safety News reports that the Midwest Cyclospora outbreak has hit 258 – Iowa (118 illnesses), Nebraska (68), Texas (65), Wisconsin (4), Illinois (2), Kansas (1).  Various state health officials suspect the outbreak has been caused by vegetables, but no conclusive link has been established. What is Cyclospora? Cyclospora is a parasite composed of one […]

Cyclospora Cryptosporidium
July 21, 2013

Two Worldwide Hepatitis A Outbreaks

Friday, the Food Safety Authority of Ireland (FSAI) reported 10 cases of Hepatitis A all belong to genotype 1A linked to frozen berries. Italy is also currently experiencing an outbreak of Hepatitis A infection involving genotype 1A. At the start of year the Italian outbreak appeared to be restricted to the autonomous provinces of Trento […]

Hepatitis A
July 20, 2013

Clover’s Closure – Voluntary or Not – Doesn’t Matter to 12 with Salmonella

According to the Boston Globe’s Deborah Kotz, twelve cases of Salmonella were reported in June and early July among patrons of Clover’s various locations in Boston, Cambridge, and Brookline.  That prompted an inspection on July 12 that concluded: This facility is closed, the food trucks are out of service; not food production from this facility […]

Salmonella
July 19, 2013

UPDATE 235 Hit by Cyclospora in Iowa, Nebraska, Texas and Wisconsin – Kansas and Illinois

Health officials in Iowa, Nebraska, Texas, Wisconsin, Illinois and Kansas continue to investigate an outbreak of gastrointestinal illness caused by Cyclospora, a microscopic parasite. Wisconsin health officials say there are four cases here, in Brown, Grant, and Milwaukee counties. The number of people reporting a food-borne intestinal illness believed to have come from a contaminated […]

Cyclospora
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