Marler Blog

April 18, 2026

CDC: Antibiotic Resistant Shigella becoming higher risk in US

The CDC reports: Shigellosis is a nationally notifiable diarrheal illness caused by gram-negative bacteria. Shigella infection is spread through fecal-oral transmission and sexual contact. Although most infections are self-limited, antibiotics are indicated for severe illness or to reduce transmission in settings with high risk for spread. Since 2015, a growing proportion of cases has been caused by […]

September 01, 2010

Will the Egg Man DeCoster join Parnell the Peanut Man in the Big House?

At the PulseNet conference here in Chicago there was a lot of discussion as to what happened to Stewart Parnell, the CEO of the Peanut Corporation of America (PCA), who was responsible for 714 ill and nine deaths, which until this DeCoster Egg recall, was one of the larger Salmonella outbreaks in recent memory. Nearly […]

August 31, 2010

Fourth Salmonella Enteritidis Lawsuit Filed Against Wright County Egg – And, the FBI is in Iowa

Our fourth food poisoning lawsuit was filed today in the enormous egg recall and Salmonella outbreak tied to two Iowa egg farms. The lawsuit was filed against Quality Egg (doing business as Wright County Egg) in the Northern District Court of Iowa, Western Division just as the FDA released its report on Wright County Egg […]

August 30, 2010

Wright County Egg’s First ever 483 Inspection Report – It is not too Pretty

As I was boarding a plane to Chicago, my inbox filled up with Wright County Egg’s and Hillandale Farm’s first every FDA inspection – the so called 483.  Here are the highlights (more like lowlights) of Wright County Egg. Frankly, it was hard to read this one.  I’ll leave Hillandale’s for another day.  If you […]

August 30, 2010

AOL’s Andrew Schneider weighs in on E. coli O26

I am heading to Chicago to attend two E. coli O157:H7 mediations and the annual CDC PulseNet conference, and just got the chance to read Mr. Schneider’s “USDA Lax on E. Coli Strain Linked to Beef Recall.” I would urge all to do so.

August 29, 2010

Why does the AMI not want bacteria that can kill you to be considered “adulterants?”

In a letter to USDA Secretary Vilsack on August 18, 2010, J. Patrick Boyle, President and CEO of AMI stated “outbreaks associated with non-O157:H7 STECs in various foods have been documented, but no reported outbreak in the U.S. has been confirmed to be directly linked to beef products.” Really J. Pat? Interestingly, The CDC estimates that […]

August 29, 2010

Doing my part during the Salmonella Egg Mess

I know realistically that raising a few chickens for eggs in my backyard (presently in the guest room shower) will not change what happened over the last few weeks with the US Egg Industry.  And, I know that the eggs are not necessarily safer, but I felt I needed to do something other than sue […]

August 28, 2010

Non – E. coli O157:H7 EHEC (O26, O45, O111, O121, O145, and O103) should be “Adulterants”

In light of this weekends recall by Cargill Meat Solutions of approximately 8,500 pounds of ground beef products that may be contaminated with E. coli O26, and the sickening of three people, it is time for the United States Department of Agriculture (USDA) and Food Safety and Inspection Service (FSIS) to deem another six “enterohemorrhagic […]

August 28, 2010

Cargill Meat Solutions Sickens Three in Maine and New York with E. coli O26 Tainted Burger

In another late Friday night press release, FSIS announced that Cargill Meat Solutions Corp., a Wyalusing, Pa. establishment, is recalling approximately 8,500 pounds of ground beef products that may be contaminated with E. coli O26. FSIS became aware of the problem on August 5, 2010 when the agency was notified by the Maine Department of […]

August 27, 2010

Marler Clark to Donate $100,000 to Green Valley High

I was visting my clients, Linda and Richard Rivera, in San Francisco today where Linda is in her 15th month of hospitalization from an E. coli O157:H7 infection.  She has become, in my mind at least, the reason that S. 510 must pass and the President must sign sweeping food safety legislation now.   We […]

August 27, 2010

Possible Salmonella Typhi link to Fruiti Pops

Fruiti Pops, Inc. of Santa Fe Springs has recalled its mamey frozen fruit bars because of a possible link to a rare U.S. outbreak of typhoid fever.  The company said Thursday that the fruit bars were distributed in California, Arizona and Texas since May 2009. Fruiti Pops says retail stores, ice cream trucks and vending […]

August 27, 2010

What if I had a food safety magic wand?

The other morning when I was prepping in another studio to talk with another cable channel about yet another food crisis—this time the recall of a half of a billion Salmonella-tainted eggs that had already sickened at least 1,400—I was asked by a young producer, “Attorney Marler, if you had a magic wand, what would […]

August 26, 2010

Egg Salmonella Enteriditis Outbreak and Smoking Guns

When lawyers talk about “the smoking gun,” we are usually talking documents, not finding genetically matching Salmonella Enteriditis samples at Wright County Egg and in its chicken feed – but that will work too. So, where are we? The FDA and Wright County Egg Recall number is still 550,000,000, which was announced August 15. And, […]

August 26, 2010

Jeff Farrar, DVM, PhD, MPH (and his team) at FDA find “smoking gun” – Salmonella at Wright County Egg

Rodent feces are the usual source Test results from environmental samples at Wright County Egg – one of two related companies believed to have supplied Salmonella – contaminated eggs now under nationwide recall – showed strains of the bacteria with the same DNA fingerprint seen in clinical isolates. Chicken feed at facilities supplying Iowa-based Wright […]

August 26, 2010

Judge Approves Settlement of Peanut Corporation Salmonella Cases

According to press reports, late yesterday afternoon a federal judge recommended approval of a $12 million settlement for those sickened or killed in last year’s salmonella outbreak tied to a Virginia-based peanut processor.  This includes nearly 50 families represented by Marler Clark.   U.S. Magistrate Judge Michael Urbanski issued his recommendation late Wednesday for the […]

August 26, 2010

House to Call Wright Salmonella Egg Man to Testify

Just off the wire from AP: A House Energy and Commerce subcommittee will hold a hearing on the recall Sep 14. They are inviting Austin “Jack” DeCoster, the head of Wright County Egg, and Orland Bethel, the head of Hillandale Farms. The two farms have recalled more than 550 million eggs after they were linked […]

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