Cargill, Inc. has reportedly responded to a $100 million lawsuit by admitting that a beef patty it manufactured contained E. coli and caused plaintiff Stephanie Smith’s debilitating injuries. While not contesting strict liability, the company is denying that it was negligent. Its suppliers apparently certified that the product had been tested for E. coli and that all the tests were negative. The company also reportedly included in its response that its products are inspected by the U.S. Department of Agriculture and that federal law requires meat products to be labeled with warnings that meat may contain bacteria that will cause illness if not properly cooked.

Smith, who is confined to a wheelchair and was profiled in a New York Times article, is represented by food lawyer William Marler. He was quoted as saying, “Never in my 23 years have I seen a food company admit liability out of the box in their answer to a complaint.” He reportedly noted that the admission may not indicate possible settlement of the case, which is pending in a Minnesota federal district court. Cargill evidently hopes the case will settle and, according to a news source, said in a statement that it has acknowledged its responsibility for Smith’s injuries and has provided financial assistance for her expenses and rehabilitation. Still, the company asserts that Smith’s “injuries or damages were caused, in whole or in part, by the acts or omissions of others over whom [Cargill] had no control or right of control.” See St. Cloud Times, February 20, 2010; Minneapolis St. Paul Business Journal and Meatingplace.com, February 22, 2010.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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