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 […]

May 07, 2010

Yuma E. coli O145 Romaine Lettuce Connection – Andrew Smith Company?

Although Yuma has not been linked to an "leafy green" E. coli outbreak in the past – O157:H7 or otherwise – like O145, it is not like Yuma is risk free – it has more than a few cattle feedlots and is a major flyway for migrating birds.  It also has the "All American Canal."  […]

May 07, 2010

Supplemental Reasons Why Non-O157’s – like O145 – Should be Adulterants

Our discussion with the FSIS on our Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) is ongoing.  Here is the most recent installment:

May 07, 2010

E. coli O145 Lettuce cases linked to Roy C. Ketcham HS, John Jay HS, Wappingers JHS, and Van Wyck Middle School in Wappingers Falls New York

Here is a copy of the letter sent to parents:   May 6, 2010   Dear Parents/Guardians: I am writing to inform you that over the past few weeks a small number of students reported symptoms of diarrheal illness. The students received immediate treatment at local health care providers. There have not been any further […]

May 07, 2010

Hey, our Petition on E. coli Adulterants (including O145) made the FSIS website!

Petition Submitted by Marler Clark LLP, PS Outbreak, Inc. (Oct 5, 2009, PDF Only) Citizens petition submitted to FSIS for an interpretive rule declaring all Enterohemorrhagic (EHEC) Shiga Toxin-producing serotypes of Escherichia coli (E. coli), including non-0157 serotypes, to be adulterants within the meaning of the Federal Meat Inspection Act (FMIA). * FSIS Progress Response […]

May 07, 2010

Freshway E. coli O145 Romaine Lettuce Outbreak – the CDC Steps in

According to the CDC as a few moments ago, local and state public health officials in Michigan, New York, and Ohio are investigating human illnesses caused by E. coli O145. CDC is supporting these investigations and facilitating regular communication and information sharing between the states and with the U.S. Food and Drug Administration (FDA). As […]

May 06, 2010

Utah Raw Milk, the gift that keeps on giving – if you are a law firm

Heather May of the Salt Lake Tribune posted a few moments ago "Public health officials investigating salmonella cases:" Public health and agriculture officials are investigating six cases of salmonella they believe were caused by drinking unpasteurized milk.  Milk samples are being tested for the bacteria at the state’s public health lab, with results due next […]

May 06, 2010

E. coli O145 – tainted Romaine Lettuce recalled from 23 states and the District of Columbia – 12 Hospitalized, 3 with Hemolytic Uremic Syndrome (HUS)

The Outbreak Freshway Foods and the Food and Drug Administration announced mid-morning a recall of Romaine Lettuce after illnesses were reported in Michigan, Ohio and New York – primarily impacting students at University of Michigan, The Ohio State university and Daemen University. The Food and Drug Administration reported the E. coli O145 illnesses included 12 […]

May 06, 2010

Freshway Foods linked to E. coli O145 Lettuce Outbreak

Over the last few weeks as Ohio, Michigan and New York health officials (along with the CDC) have tracked the source of the ongoing E. coli O145 outbreak to lettuce that has sickened over 50 people near college campuses at The Ohio State in Columbus, University of Michigan in Ann Arbor and Daemen College in […]

May 06, 2010

E. coli O145 Outbreak in Michigan, New York and Ohio linked to lettuce?

E. coli outbreaks, primarily of the O157 variety, have been associated with lettuce or spinach, specifically “pre-washed” and “ready-to-eat” varieties, and are by no means a new phenomenon. By way of illustration: August 1993 – E. coli O157:H7 outbreak linked to a salad bar; 53 reported cases in Washington State July 1995 – Lettuce (leafy […]

May 05, 2010

So, what is it about raw milk that makes some people crazy?

I received this email bright and early this morning: Hey you scum bag lier and thief (lawyer). Obviously you are funded by the commercial milk industry. You are clueless about raw milk! How many cases of contaminated commercially prepared milk vs raw milk are there? All your "wins" are from commercially prepared food companies. Oh, […]

May 04, 2010

Listeria Lawsuit Filed in Milk Post Pasteurization Contamination

A. News of the Outbreak On November 27, 2007, a health department officer in central Massachusetts contacted the Massachusetts Department of Public Health (MDPH) to report a Listeria infection in an 87-year-old man, later identified as John Powers. Pulsed-field gel electrophoresis (PFGE) performed on Mr. Powers’s Listeria monocytogenes stool isolate produced a pattern indistinguishable from […]

May 03, 2010

I am standing on the shoulders of giants in the fight against E. coli

It is not surprising that something I am doing today is something that was done before, but honestly, when it come to public safety, this is a bit ridiculous. “We cannot let ourselves be complacent in thinking that E. coli O157:H7 is the only Shiga toxin-producing microorganism that can cause problems.” David Acheson MD in […]

May 03, 2010

How did the Oregonian know it was my birthday today?

I doubt they did when Lynne Terry wrote – “Failure to test for six strains of E. coli leaves gaps in nation’s food safety network” – this morning. Here is the full story: Two years ago, Bill Marler was contacted by the family of a 13-year-old girl killed by E. coli. They wanted to sue, […]

May 02, 2010

John Strike, grandfather of Abby Fenstermaker E. coli O157:H7 victim, died yesterday

I never get used to the phone calls about the death of a client. Last night’s was especially hard because it came from the mother of Abby Fenstermaker who died of E. coli O157:H7 complications nearly one year ago. Now, her father John Strike lost his battle – perhaps not completely due to the E. […]

April 30, 2010

Salmonella found in Nestle morsels – again

Michael Burke of the Journal Times of Wisconsin reports that for the second time this year, Nestle’s local plant has shut down a production line after a positive salmonella test. Workers reported, and the company confirmed, that a batch of chocolate chips tested positive for salmonella on Wednesday. Nestle spokeswoman Laurie MacDonald said the batch […]

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