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 […]

September 11, 2023

Fueling Brains E. coli Outbreak – 231 sick with 37 hospitalized with 21 with HUS

We have been contacted by nearly two dozen impacted families. Alberta Health Services (AHS) has now reported that the Fueling Brains Day Care E. coli outbreak includes 231 lab-confirmed cases. On Monday, an AHS spokesperson confirmed 41 more cases had been linked to the outbreak in the past day. The provincial health authority said there […]

E. coli HUS
September 10, 2023

“London Calling” – Global Crisis Management Conference

I am about an hour out from the Seattle to London flight to speak this week at the Global Crisis Management Conference. I am interested in getting a perspective on how the insurance industry can help manage its risks from claims of foodborne illness. Short trip – I’ll be back in Seattle on Wednesday.

Case News
September 09, 2023

Calgary Fueling Brains E. coli Outbreak hits 164, with 19 with Acute Kidney Failure

Today the Alberta Health Services announced that it is “highly likely” that the source of an E. coli outbreak that has led to at least 164 cases in Calgary children is food that was distributed from a central kitchen shared between a number of Fueling Brains daycare sites in the city. “Based on the epidemiology of […]

E. coli HUS
September 08, 2023

What we need to know about Acute Kidney Failure – hemolytic uremic syndrome (HUS) – caused by E. coli with Outbreaks in Arkansas and Canada

Acute hemolytic uremic syndrome (HUS). Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC). The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or […]

E. coli HUS
September 08, 2023

Fueling Brains E. coli Outbreak hits 142 in Calgary – What you need to know

The most current numbers. Alberta Health Services says there are 142 lab-confirmed cases of E. coli linked to an outbreak at Calgary daycares There are 31 patients that are or have been hospitalized linked to the outbreak. There are also 11 children with hemolytic uremic syndrome.  What is E. coli? Escherichia coli (E. coli) are […]

E. coli HUS
September 07, 2023

Take a hard look at inspection reports of the kitchen that is the common link in the Fueling Brains E. coli Outbreak

According to press reports, the number of lab-confirmed cases of E.coli connected to an outbreak at Calgary daycares has ballooned to 128, Alberta Health Services said in an update Thursday.  There are 11 Calgary daycares which have been issued a closure order until further notice following an outbreak of the shiga toxin-producing E. coli, which […]

E. coli HUS
September 06, 2023

Nearly 100 sickened with E. coli in Canada linked to Day Cares

Canadian health officials have linked early 100 laboratory-confirmed patients in an E. coli outbreak linked to daycares with a common food service center. Eleven daycare centers in Calgary, Alberta, Canada, have been closed because of the illnesses, which now number 96. During a press conference this afternoon, Dr. Francesco Rizzuti, medical officer of Alberta Health Services […]

E. coli
September 05, 2023

Remember, Dog Food gets recalled due to Salmonella – Human Food (meat products regulated by USDA/FSIS) do not

Lucky Dogs – There should be a law? Mid America Pet Food, Mount Pleasant, Texas, is voluntarily recalling one lot of Victor Super Premium Dog Food, Hi-Pro Plus produced at its Mount Pleasant, Texas production facility because it has the potential to be contaminated with Salmonella. Salmonella can affect animals eating the products and there is risk to humans […]

Salmonella
September 04, 2023

Ya have to love unredacted FDA Traceback Diagrams

I have been spending the long Labor Day weekend digging deep into the state health departments, FDA and CDC documents surrounding the 2022 Wendy’s E. coli Outbreak that sickens 109, putting dozens in the hospital, with several children suffering acute kidney failure. Here is the FDA Traceback Diagram – expect subpoenas.

E. coli HUS
September 03, 2023

September is Food Safety Education Month

I laugh sometimes that I spend 100% of my time suing companies for poisoning their customers and 100% of my time trying to convince them to do the opposite.  As I have said far too frequently over the last 30 years – “there is a business reason and a moral reason not to poison your customers.” […]

E. coli Listeria
September 03, 2023

What’s with Trader Joe’s and Recalls?

Trader Joe’s Recent Recalls – since July Texas Tamales – Milk allergen not disclosed Multigrain Crackers – Metal Almond Cookies – Rocks Broccoli Cheddar Soup – Insects Falafel – Rocks

Case News
August 31, 2023

A picture is worth far more than a 1,000 words

Perhaps millions in punitive damages and criminal fines for “conscious disregard to a know risk?” People always ask my why do leafy green E. coli outbreaks keep happening. I think the bottom line is that retailers, restaurants, growers, processors and the government simply do not give a cow’s pie about the sickened and/or dead consumers […]

E. coli HUS
August 28, 2023

It has nearly been six years since over 1,000 people were sickened and over 200 died from Listeria-tainted Polony in South Africa

I new journal article on the polony tragedy was just published: “Cost estimation of listeriosis (Listeria monocytogenes) occurrence in South Africa in 2017 and its food safety implications.” Some main points: Estimate the loss of 204 that died was at least $240,000,000 US Hospitalization costs were at least $10,400,000 US Loss to businesses was at […]

Listeria
August 28, 2023

What is the latest on the E. coli Outbreak tied to the University of Arkansas

The Arkansas Department of Health continues to investigate an outbreak of Shiga toxin-producing E. coli (STEC) (presumably E. coli O157:H7)  infections in Northwest Arkansas. Symptoms have been reported by approximately 100 students who attend the University of Arkansas including several hospitalizations at Mercy Rogers Hospital and Children’s in Little Rock. We have been contacted by families whose children (University students) […]

E. coli HUS
August 25, 2023

Marler Clark files second Listeria Lawsuit in Frugals Outbreak

Listeria bacteria found in all milkshake flavors sold at Frugals restaurant at 10727 Pacific Ave. S., Tacoma, WA are associated with a foodborne listeriosis outbreak linked to six hospitalizations and three deaths. Investigators found Listeria in the ice cream machines, which were not cleaned correctly. No other Frugals restaurants are believed to be affected. The restaurant […]

Listeria
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