Marler Blog

January 29, 2026

Hey, Infant Formula Industry – It is past time to get your Shit together

This is simply unacceptable. This botulism outbreak, frankly any outbreak that sickens babies, should never have happened. We can do more to protect the most vulnerable. The stork in “operation stork speed” clearly flew into a brick wall and crash landed. This child’s parents bought ByHeart Infant Formula at a Walmart. ByHeart utilized powdered organic […]

March 14, 2006

Murry’s Meat E. coli Recall

On June 9, 2005 FSIS issued Recall Notification Report 026-2005, announcing the recall of approximately 63,580 pounds of frozen ground beef patties and meatballs manufactured by Murry’s Inc., a Lebanon, Pennsylvania company. See Recall Notification Report 026-2005, Exhibit No. 1. The recall was deemed a Class I recall and was initiated after the New Jersey […]

March 14, 2006

Topps Meat E. coli Outbreak

On September 7, 2005 Rebecca O’Donnell, Infection Control Nurse at the Albany Medical Center Hospital, informed Marcia Fabiano at the Albany County Health Department (ACHD) that Erika Boehlke was hospitalized at AMCH with a diagnosis of Hemolytic Uremic Syndrome (HUS). Preliminary laboratory testing of Erika’s stool had been conducted at St. Peter’s Hospital, and tests […]

March 14, 2006

THE INVESTIGATION INTO HERCULES’ CASE

On September 14, 2005 the Concord Hospital laboratory submitted an E. coli O157:H7 isolate to the New Hampshire Department of Health and Human Services (NHDHHS) Public Health Laboratory (PHL) for confirmatory testing. The isolate had been cultured from a stool sample obtained from Hercules Tsirovakas. The next day the Communicable Disease Control and Surveillance section […]

March 13, 2006

Dole E. coli LETTUCE OUTBREAKS

E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the “pre-washed” and “ready-to-eat” varieties sold under various brand and trade names, are by no means a new phenomenon. In October 2003, 13 residents of a California retirement center were sickened and 2 died after eating E. coli-contaminated “pre-washed” spinach. In September 2003, nearly 40 […]

March 10, 2006

It is still a Jungle out there

It has been one hundred years since the publication of Upton Sinclair’s The Jungle, a book that brought sweeping changes to America’s slaughterhouses. Those changes, in the form of the Federal Meat Inspection Act, were prompted by the public’s disgust for the filth and dangerous working conditions in which our nation’s meat supply was then […]

March 03, 2006

FDA Issues Guidelines for Prepared Produce; Agency’s First Safety Effort For Precut Fruits, Vegetables Follows Increase in Illnesses

The Wall Street Journal weighed in today on the FDA’s new safety guidelines for prepared produce. From the article: Bill Marler, a Seattle lawyer who has sued Dole and other companies over outbreaks related to fresh-cut produce, said the FDA should focus more on outdoor areas, such as ground or surface water, than employee hygiene. […]

March 03, 2006

FDA issues guidelines for fresh-cut produce

As the Monterey County Herald reported today, the Food and Drug Administration has issued its first set of safety guidelines for the way fresh-cut produce companies process bagged salad, apple slices and cut celery sticks. The release of the guidelines follows a scathing November letter in which the FDA urged fresh-cut producers to do more […]

January 10, 2006

Foodborne Illness Claim Paper

Separating the Chaff from the Wheat: How to determine the strength of a foodborne illness claim – A paper presented at the May 2005 Defense Research Institute meeting on food liability, written by Bill Marler.

December 23, 2005

Lettuce and E. coli

E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the “pre-washed” and “ready-to-eat” varieties sold under various brand and trade names, are by no means a new phenomenon. In October 2003, 13 residents of a California retirement center were sickened and 2 died after eating E. coli-contaminated “pre-washed” spinach. In September 2003, nearly 40 […]

December 23, 2005

Chi-Chi’s checks to arrive soon

As Jason Cato of the Tribune-Review reported today, checks should start arriving in a few weeks for nearly 5,000 people who claimed part of an $800,000 lawsuit settlement against Chi-Chi’s following a hepatitis A outbreak two years ago at a restaurant in Beaver County. From the article: Though nearly 10,000 people got shots to help […]

December 21, 2005

Two families hurt by E. coli hire lawyers

Don Hamilton, a Columbian staff writer, reported today that our firm will be representing two families victimized by the recent E. coli outbreak with an eye toward suing Dee Creek Farm, the farm that provided the raw milk that sickened their children. Eighteen people, 15 of them children ages 1 to 13, have been sickened […]

December 20, 2005

Court OKs payments for those given shots after hepatitis outbreak

As the Associated Press reported today, nearly 5,000 people who had to get shots to ward off hepatitis A during a food-poisoning outbreak at a western Pennsylvania Chi-Chi’s restaurant two years ago will be mailed checks for $162.23 each next month. A federal judge in Delaware overseeing Chi-Chi’s bankruptcy signed off on the class-action settlement […]

December 20, 2005

Families may sue Dee Creek over E. coli

Barbara LaBoe of The Daily News reported today that both the state and an unlicensed Woodland dairy may be sued on behalf of two children sick with E. coli. From the article: Parents of two of the children sickened after drinking unpasteurized milk from Dee Creek Farm asked Seattle lawyer Bill Marler to look into […]

December 01, 2005

When eating your vegetables makes you sick

On November 30, Jane Zhang of the Wall Street Journal wrote about the recent influx of trouble that has come from Americans eating their vegetables: More Americans are eating their vegetables. But the healthy trend comes with a risk: Illnesses traced to fresh produce are on the rise. Fruits and vegetables are now responsible for […]

November 12, 2005

Dole Facing Lawsuits Over Bagged Salads

As the L.A. Business Journal reported today, Dole Food Co. Inc. has been sued over the past few weeks by consumers who contracted a serious form of E. coli from its bagged salads, one of the company’s fastest-growing product lines. So far, lawsuits have been filed involving five people in Minnesota and Oregon who suffered […]

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