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 […]

September 29, 2006

5 BAGS OF DOLE SPINACH LINKED TO OUTBREAK

More “smoking” bags of DOLE spinach.   Great job to Health Departments across the country for taking the time to test this material for E. coli O157:H7.  Hopefully, it will help link to where in the chain of distribution DOLE’s product became contaminated.  However, make no mistake, wherever the product became contaminated, DOLE and Natural Selections […]

September 28, 2006

Survival means sometimes fixing the problem and saying you are sorry – the response

On September 25, I posted Survival means sometimes fixing the problem and saying you are sorry; On September 20, I called on the spinach and lettuce industry to step up and pay victims medical bills and wage losses as a first step to helping these families and in saving their industry.  The Press Conference to […]

September 26, 2006

When the WSJ says something good about a lawyer:

How a Tiny Law Firm Made Hay Out of Tainted Spinach By HEATHER WON TESORIERO and PETER LATTMAN September 27, 2006; Page B1 Before health officials warned the public about bad spinach, before grocers yanked fresh spinach off their shelves, before consumers cleaned out their refrigerators, the Seattle law firm Marler Clark had filed its […]

September 26, 2006

Area woman made ill by tainted spinach is suing

The Rochester Democrat and Chronicle has reported on a spinach lawsuit filed in Rochester in U.S. District Court late Tuesday afternoon on behalf Patricia Ann McCoy of Pittsford, who got sick after eating a bag of Dole brand baby spinach she bought from Martin’s Super Food Store in Perinton on or about August 21. This […]

September 25, 2006

Survival means sometimes fixing the problem and saying you are sorry

Last week we got a hint that the spinach industry feels that spinach is safe – well OK, not from three counties in California.  But, how can the consuming public be sure of that?  Also, when Salinas product does try to make it back on the market, how can the spinach industry in the Salinas […]

September 24, 2006

Spinach E. coli Outbreak Update

Two more cases of illness are being blamed on the outbreak of E. coli linked to fresh spinach. That raises the number of people sickened to 173 in 25 states. So far, 92 people have been hospitalized, including a Wisconsin woman who died. Two other deaths have been reported in suspected cases — a child […]

September 24, 2006

ATLA – What are you thinking?

I have been a proud and sustaining member of the Association of Trial Lawyers of America (ATLA) for years.  However, its gratuitous post on September 25, 2006, entitled "FDA Proves Ineffectual Again: Cannot Accurately Assess Risk To Public Safety," is way off the mark.  The Food and Drug Administration (FDA) is certainly not perfect, few […]

September 23, 2006

As Children Suffer, Parents Agonize Over Spinach

It is great to see an unbiased explaination of the horrors of Hemolytic Uremic Syndrome caused by E. coli O157:H7.  This is a well-written article by the New York Times.

September 23, 2006

Brookfield family files lawsuit in E. coli outbreak

As the Associated Press reports, Marler Clark has filed a lawsuit on behalf of Anne and Neil Grintjes of Brookfield, whose seven-year-old son Willem and three-year-old daughter Ella became sick after eating the bagged spinach in late August. The suit names Dole Food Company and Natural Selection Foods. This is the second lawsuit related to […]

September 23, 2006

Will People Eat Their Spinach – Again?

Interesting article by the business writers of the San Francisco Chronicle: "Seattle-based attorney William Marler, who represented the plaintiffs in the Odwalla and Jack-in-the-Box cases, said both companies adopted skillful public relations campaigns that maintained their corporate reputations. "To be candid, companies that do that usually escape having more lawsuits filed against them. People say, […]

September 22, 2006

Health Director: Spinach From Outside NorCal Is Safe

I know there is a lot of pressure to get spinach back in the market, but at a minimum, don’t you think we should figure out what cased this outbreak before we call that all is ok?  The announcement: Spinach grown outside of Monterey, San Benito and Santa Clara counties is safe to eat, a […]

September 22, 2006

Health officials: Girl sickened by E. coli not part of outbreak

We learned late this afternoon that Olivia is not likely part of the outbreak directly related to spinach.  However, we are still investigating how it was that she and her siblings were sickened.  E. coli O157:H7 impacts 75,000 Americans each year, sending thousands to the hospital and killing nearly 100 – one two-year-old is too […]

September 22, 2006

Another E. coli Lawsuit

Marler Clark filed another lawsuit today against Dole and Natural Selection Foods in US District Court for the Eastern District of Wisconsin.  This is the fourth lawsuit we have filed on behalf of victims of the spinach E. coli outbreak. We have been contacted by the families of 61 ill people, and are investigating claims […]

September 22, 2006

More deaths linked to E. coli outbreak

Marler Clark is currently investigating the deaths of two more people, one elderly woman from the Baltimore, Maryland, area, and one child from Ohio, who are believed to have been victims of the spinach E. coli outbreak.  The families of the deceased contacted the firm earlier this week, asking for assistance in their search for […]

September 22, 2006

CDC Audio – Spinach E. coli Outbreak

The U.S. Centers for Disease Control and Prevention (CDC) has posted an audio recording from a conference call held yesterday afternoon about the current E. coli O157:H7 outbreak. Topic: Update on Current E. coli O157:H7 Outbreak Date: Thursday, September 21, 2006 Speakers: Patricia Griffin, MD from CDC; Karl Klontz, MD from FDA; Phillip Tarr, MD, […]

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