food poisoning lawsuit

For further information contact:
Suzanne Schreck / Marler Clark
(206) 346-1879

SEATTLE, WA (December 12, 2007) – A lawsuit was filed today against ConAgra, the company whose Banquet pot pies were identified as the source of a Salmonella outbreak in October. The lawsuit was filed in Federal District Court for the Eastern

A Minnesota couple is suing Omaha-based ConAgra Foods for the salmonella outbreak that allegedly made their 19-month-old daughter sick. 

Amy and Joshua Reinert took their daughter Isabelle to the emergency room in August when she had a seizure and lost consciousness. Reinert said her daughter continued to have diarrhea for nearly six weeks. 

It’s the

DoleAn E. coli lawsuit was filed against Dole late Thursday in United States District Court for the District of Oregon. The lawsuit was filed on behalf of Gwyn Wellborn, a Salem, Oregon woman who became ill with an E. coli O157:H7 infection after eating Dole brand baby spinach. Ms. Wellborn and her husband, David, are represented by Marler Clark, the Seattle law firm that has represented hundreds of victims E. coli outbreaks, including victims of last fall’s E. coli outbreak traced to Dole brand lettuce.

The lawsuit alleges that Mrs. Wellborn purchased Dole brand baby spinach on August 21, 2006 and consumed the spinach in salads over several days during the week of August 21 through August 25. Ms. Wellborn became ill with symptoms of E. coli O157:H7 infection, including diarrhea and stomach cramping, on August 25.

Her symptoms continued to worsen, and Mr. Wellborn took his wife to the emergency room at Salem Hospital in the early morning hours of August 27. Ms. Wellborn was treated and released, but was admitted to Salem Hospital after a second visit to the emergency room at midday on the 27th. She remained hospitalized at Salem Hospital for six days, and was transferred to Oregon Health Sciences University (OHSU) in Portland on September 2 after being diagnosed with hemolytic uremic syndrome (HUS). While at OHSU, Ms. Wellborn required at least four blood transfusions and eight plasmapheresis exchanges. She was discharged from OHSU on September 8, and continues her recovery at home.

“The FDA and the fresh produce industry have been working to resolve the issue of E. coli contamination for a number of years,” said William Marler, attorney for the Wellborns. “It is unfortunate that outbreaks continue to happen and that consumers continue to be injured as a result.”Continue Reading Dole sued by Oregon E. coli victim

Filiberto’s food poisoning lawsuitA lawsuit was filed today against Filiberto’s, the Arizona restaurant chain whose restaurant located at 3446 University Avenue in San Diego was traced as the source of a food poisoning outbreak in late August, 2006.  The lawsuit was filed in San Diego County Superior Court on behalf of Nicole Lewis, a San Diego resident who ate at the restaurant and subsequently became ill with Shigellosis, an illness caused by ingestion of the Shigella bacterium.  Ms. Lewis is represented by Marler Clark, a Seattle law firm that has represented thousands of victims of foodborne illness, and Keeney, Waite & Stevens, a respected San Diego law firm.  

On September 1, 2006, the San Diego County Health and Human Services Agency (SDHHS) and the San Diego County Department of Environmental Health announced that they were working together to investigate an apparent Shigella outbreak among customers who had eaten at the University Avenue Filiberto’s.  The restaurant was closed on August 31, and according to a news release issued by SDHHS , at least ten people had become ill with apparent Shigella infections after eating at Filiberto’s in late August, three of whom were hospitalized. Continue Reading Food Poisoning Lawsuit Filed Against San Diego Restaurant

Kevin Grasha of the Lansing State Journal reports that a consultant who helps restaurants address food safety issues – and who said she became ill after eating at Bravo Cucina Italiana – has filed a lawsuit against the company that owns the restaurant.
The suit was filed Monday on behalf of Pattie McNiel, who coordinates Michigan State University’s food safety program and who also runs her own consulting business.Continue Reading Food safety expert suing Bravo: Consultant is among 360 who report illnesses

bravo norovirus outbreakMarler Clark filed a lawsuit today against Bravo! Development, Inc., the owner of the Bravo! Cucina Italiana restaurant that was the source of a large foodborne illness outbreak in early to mid May. The lawsuit was filed in Ingham County Circuit Court on behalf of Pattie McNiel, an academic specialist at the National Food Safety and Toxicology Center at Michigan State University, who became ill with a gastrointestinal illness after eating at the restaurant on May 7, 2006.
Continue Reading Victim of Bravo norovirus outbreak files suit

Andrew Tran of The Daily Texan reports that Chipotle Mexican Grill is being sued by Thomas Engwall, a UT kinesiology graduate student, claiming the Chipotle on the Drag gave him food poisoning on June 16, 2004.
Engwall’s attorney says he got sick and lost 20 pounds, which helped prevent Engwall from qualifying for the U.S. Olympic javelin team the following month.
The manager of the Guadalupe Street Chipotle at the time of the incident, Chandler Wiley, was also named as a defendant in the suit.
Wiley was on vacation and unavailable for comment, said Ben Caton, supervisor of the Chipotle at Stassney Lane where Wiley is currently general manager.
The suit claims that a barbacoa taco gave Engwall immediate pain and discomfort in the abdomen. The Minnesota native says he suffered repeated bouts of vomiting and diarrhea followed by dehydration.
University Health Services reported seven cases of food-borne illness on June 18, 2004, prompting the Austin/Travis County Health Department to inspect the Chipotle on the Drag.Continue Reading UT student sues Chipotle, claims food poisoning