Food litigator William Marler discusses the 2006 spinach E. coli outbreak in this article, which provides an overview of the issues that plaintiffs’ lawyers should consider when they represent clients allegedly sickened by contaminated fresh produce. Among the issues flagged are (i) which entities are liable under a strict products liability scheme; (ii) what effect insurance and indemnity agreements will have on “the all-important questions of who is going to pay”; and (iii) whether the industry’s or individual corporation’s knowledge of the risk gives rise to the availability of punitive damages. The article concludes with a brief consideration of how the industry is regulated and why foodborne pathogens continue to sicken consumers. Marler argues that “the most expedient step in preventing another deadly foodborne illness outbreak like the 2006 Dole spinach outbreak is to push for greater corporate responsibility regarding the oversight of food producers. The lives of American consumers depend…
Tag Archives E. coli
Strict liability and breach of warranty claims filed in an Ohio state court in July 2008 after an E. coli outbreak linked to ground beef sold by Nebraska Beef sickened at least 19 in that state have been removed to federal court. Schlagel v. Nebraska Beef, Ltd., No. 08-01091 (S.D. Ohio, removed November 17, 2008). The named plaintiff of this putative class action is a 4-year-old girl, who allegedly “suffered serious physical and emotional injuries.” The proposed class would include “All Ohio claimants who have suffered personal injury caused by Nebraska Beef’s contaminated E. Coli 0157:H7 meat.” The contamination led to the recall of more than 5 million pounds of meat. The company has reportedly denied the allegations and challenges the suitability of the case for class treatment. See Product Liability Law 360, November 18, 2008.
The UK Soil Association has reportedly urged veterinarians to limit their penicillin use after health officials found that cows from one unidentified English farm are carriers of extended-spectrum betalactamase (ESBL) E. coli, a rare antibiotic-resistant strain of the disease. Although the organic watchdog noted that the government has asked the farmer and his family to follow strict hygiene procedures, regulators have not placed any restrictions on the movement or sale of the infected herd. “The government often calls on doctors to prescribe antibiotics less often. But similar advice needs to be given to veterinary surgeons and farms,” stated a policy advisor for the Soil Association, which, as of 2009, will also no longer certify organic farms that treat their livestock with a class of antibiotics known as cephalosporins. See FoodProductionDaily.com, November 19, 2008.
According to researchers in Australia and the United States, those who persistently eat red meat may be more susceptible to E. coli infection. Apparently, the meat contains sugar molecules, Neu5Gc, that accumulate in cells lining the intestines and blood vessels and act as a “magnet” for E. coli toxins. The scientists reportedly tested the affinity of the bacteria for Neu5Gc in a lab dish and noted, “The human samples showed the presence of the Neu5Gc toxin binding sites in the gut and the kidney, the two target organs for the disease.” Then, they confirmed the results with genetically modified mice that have the gene which produces Neu5Gc suppressed. The research appears in Nature, but was not available when the Update was prepared. See The Australian, October 30, 2008.
