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 […]

January 29, 2004

Surviving in western Pa.

A few months ago, the nation’s worst outbreak of hepatitis A killed three people and sickened 660 others in Beaver County, Pennsylvania. More than 9,000 frightened people flocked to hospitals for tests and inoculations. Now that Chi-Chi’s has reopened its doors, loyal customers are happily returning. But as the “Hepatitis Claims?” billboard on Route 60 […]

January 02, 2004

COLLEGE CRISIS PUTS POTENTIAL STUDENTS AT RISK

As the president of WSU’s Board of Regents, I’m seeing first hand the damage being done by the current college funding crisis. As school budgets are cut, qualified students are turned away. As Jake Ellison of the Seattle Post-Intelligencer reported today in his article College crisis puts potential students at risk, colleges in this state […]

December 31, 2003

Secretary Veneman: you have not put me out of business yet.

As I said in my op-ed Secretary Veneman: you have not put me out of business yet, as a trial lawyer I spend much of my time looking for fault. But, from my mother, I learned to compliment and thank someone for doing the right thing, whatever their motives. So, thank you Agricultural Secretary Veneman […]

December 26, 2003

What to do about the “Mad Cow”

Does America really have the safest food supply in the world? The Center for Disease Control estimates that each year over 76 million of us become ill, 300,000 are hospitalized and over 5,000 die, just from eating food contaminated with a food borne pathogen. As I said in a recent op-ed What to do about […]

December 20, 2003

Hepatitis plaintiffs want judge to OK lawsuits against Chi-Chi’s

Yesterday, Joe Mandak of the Associated Press reported in his story Hepatitis plaintiffs want judge to OK lawsuits against Chi-Chi’s, that we have asked the bankruptcy judge to lift the automatic stay to sue the restaurant chain. Lifting the stay will be our first step in accessing the $51 million in liability insurance held by […]

December 19, 2003

A rare commencement speaker points to failure

Idaho state government earned notoriety two years ago when it cut its higher education budget by 10 percent. As draconian as that was, however, Idaho’s college and university system has not seen the reductions that Washington’s has. In the Evergreen State, the cuts have been more gradual, but more relentless. Too many Washingtonians are unaware […]

December 13, 2003

50 CLAIM LOSSES DUE TO HEPATITIS

About 50 people have submitted paperwork so far to recover medical costs and lost wages related to the hepatitis A outbreak at the Beaver Valley Mall Chi-Chi’s. Many of them have already been issued checks, generally for less than $3,000 each. Any claim higher than $3,000 requires review from either insurance companies or the bankruptcy […]

December 03, 2003

Castellini named in hepatitis suit; Tainted onions may have passed through Ky. firm

As James McNair of the Cincinnati Enquirer reported in his article Castellini named in hepatitis suit, my firm has filed a lawsuit on behalf of Richard and Linda in Pittsburg against Castellini Co., because the green onions connected with the recent Chi Chi’s hepatitis A outbreak may have passed through the company’s warehouse. The Millers […]

November 27, 2003

DISEASE WANING, BUT COSTS CONTINUE TO CLIMB

As Dan Fitzpatrick reported for his Pittsburgh Post-Gazette story, Hepatitis waning, but costs continue to climb, the Chi Chi’s hepatitis A outbreak in Beaver County is causing serious money problems for local families and businesses. There is not one local business “where I cannot think of a person affected,” said Beaver County Chamber of Commerce […]

November 24, 2003

Chi-Chi’s litigation hinges on company’s insurance

In an article Chi-Chi’s litigation hinges on company’s insurance, the Associated Press reported yesterday about the lawsuits my firm is handling in the hepatitis A outbreak which has so far claimed three lives and made at least 600 people ill. The source of the outbreak has been traced to Mexican grown green onions, but thus […]

November 24, 2003

Chi-Chi’s Faces 5 Lawsuits Over Hepatitis

As the Associated Press reported, Chi-Chi’s faces 5 lawsuits over hepatitis, and more lawsuits are likely to follow. The outbreak has killed three people and sickened more than 600. The challenge we face in getting these victims compensated is partially that the company filed for Chapter 11 bankruptcy, so all claims against the company are […]

November 22, 2003

Regents freeze new enrollments; Move is response to reduced state funding;

As the Spokesman Review reported in its article Regents freeze new enrollments, in response to reduced state funding, Washington State University and University of Washington have decided to freeze the number of new freshmen and transfer students accepted effective immediately. ”All you do is start cramming more kids in larger classes and teaching with more […]

November 22, 2003

CHI-CHI’S PAYMENTS TO VICTIMS APPROVED

Some good news for those sickened by Chi Chi’s hepatitis A outbreak: attorneys for the company have asked the bankruptcy court for permission to pay up to $20,000 to each victim for medical expenses, lost wages and related costs. “We received approval from the U.S Bankruptcy Court to proceed with a plan to begin to […]

November 21, 2003

Green onions linked to Chi-Chi’s outbreak; source still unknown

At least 575 people have gotten sick, and at least three people have died in connection with Chi Chi’s hepatitis A outbreak, the source of which has eluded officials. Evidence is pointing to green onions as the outbreak’s source, as most of the cases were traced back to the mild salsa served in one or […]

November 12, 2003

Outbreak affects at least 300; hepatitis victim buried

Pennsylvania health officials reported Tuesday that there are at least 300 confirmed cases of hepatitis A linked to the Beaver County Chi Chi’s outbreak. Not all were from the Pittsburgh area. Other confirmed cases were from Ohio (31), West Virginia (8), Florida (1), and South Carolina (1). So far, the outbreak has claimed one life. […]

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