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 […]

October 20, 2007

Cargill manufactured, and Sam’s Club sold, E. coli contaminated hamburger linked to 14 Illnesses in North Carolina, Minnesota, Tennessee and Wisconsin – 3 still hospitalized, 2 in critical condition

It was much easier to track the illnesses caused by Topps E. coli contaminated hamburger as there is a report on-line on the CDC website and the 21,000,000 pounds of hamburger recalled.  No such luck with being able to see the same on the Cargill recall.   Remember, Cargill recalled nearly 1,000,000 pounds of E. coli […]

October 20, 2007

Topps E. coli Outbreak Spreads to Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (9), New York (13), Ohio (1), and Pennsylvania (12) – 40 sickened

Multistate Outbreak of E. coli O157 Infections Linked to Topp’s Brand Ground Beef Patties CDC reports as of 12 PM (ET) October 18, 2007, 40 cases of E. coli O157:H7 infection have been identified with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp’s brand frozen ground […]

October 18, 2007

Salmonella Pot Pies hit Washington State

Everett dad sues over illness linked to pot pie Jim Davis of the Everett Herald talked today: An Everett man is expected to file a lawsuit today against ConAgra Foods in Snohomish County Superior Court, saying his 2-year-old daughter became ill with salmonella after eating one of the company’s pot pies.  Eric Robertson alleges that […]

October 18, 2007

Wisconsin Lab: Con Agra Banquet Pot Pie With Salmonella – “the smoking gun”

A Banquet frozen turkey pot pie has tested positive for salmonella, according to the Wisconsin Department of Agriculture, Trade and Consumer Protection laboratory and the Wisconsin Department of Health and Family Services.  The unopened pot pie came from the freezer of an individual diagnosed with salmonella in September.  We filed our second lawsuit against ConAgra […]

October 18, 2007

You have to love the timing

So, yesterday I was at the CDC/USDA/FSIS/FDA sponsored meeting on whether non-E. coli O157:H7 shiga toxins should be considered an adulterant in food and had the opportunity to talk briefly with Dr. Raymond of FSIS about the status of the Topps investigation specifically, and the meat industry in general.  I do love my job.  Sometimes […]

October 17, 2007

Why is E. coli making a comeback? – USDA’s lack of teeth, industry’s ‘lazy’ practices to blame for outbreaks

Herb Weisbaum, aka, “ The Consumer Man” wrote: It has been a really bad year for the meat industry. A record 29 million pounds of contaminated ground beef has been recalled so far this year. The culprit is E. coli O157:H7, the same nasty bacteria that caused the widely publicized Jack in the Box outbreak […]

October 17, 2007

New York Couple Sues Topps: Punitive damages sought

While I was sitting in a USDA/FSIS/FDA/CDC meeting on E. coli today, we also filed a lawsuit seeking punitive damages against Topps, the New Jersey beef supplier that recalled nearly a year’s supply of frozen ground beef patties after its products were identified as the source of an E. coli outbreak in September. The lawsuit […]

October 15, 2007

Mr. Bill goes to Washington, again and again and again

I’m off to the “other Washington” in the morning to meet with Congressmen and Senators on food safety issues and to attend a conference on E. coli.  I know, ya’ll wish you were going.  The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS), the Food and Drug Administration’s Center for Food Safety […]

October 15, 2007

ABA (American Bar Association) Food Poisoning Lecture

No, sorry, this is not a lecture on how to poison lawyers.  On Wednesday I get the opportunity to discuss how to determine the strengths and weaknesses of a foodborne illness claim by phone.  The below PowerPoint and Paper may be helpful.

October 13, 2007

Two Plants Recall E. coli Contaminated Hamburger – People Ill

It seems that the wheels are coming off the meat industry.  Nearly 30,000,000 pounds of meat has been recalled in 2007.  More recalls were announced tonight. Georgia Firm Recalls Ground Beef Products Due to Possible E. coli O157:H7 Contamination Recall Release CLASS I RECALL FSIS-RC-046-2007 HEALTH RISK: HIGH Arko Veal Co., a Forest Park, Ga., […]

October 13, 2007

First Lawsuit Filed over ConAgra Pot Pie Salmonella Outbreak

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 first federal lawsuit stemming this week’s announcement to pull ConAgra’s Banquet and generic pot pies from the shelves due […]

October 13, 2007

Cargill E. coli Hamburgers sold at Sam’s Club implicated in illnesses in Minnesota, Wisconsin, North Carolina and Tennessee – Lawsuit on Monday

Cargill recalled E. coli contaminated Frozen Hamburger Patties last week.  E. coli cases have been linked in Minnesota, Wisconsin, North Carolina and now Tennessee.  Many of the E. coli cases involve HUS, acute kidney failure.  We will be filing suit against Cargill Monday morning in Minnesota.  This is not the first time we have had […]

October 12, 2007

Cargill E. coli Hamburger’s move into Tennessee

WATE Channel 6 Knoxville Reports: 3 cases of children’s E. coli infections under investigation in Knoxville Three cases of E. coli infections in children are under investigation in the Knoxville area, according to the Knox County Department of Health. At least two of the children are still being treated at East Tennessee Children’s Hospital. And […]

October 11, 2007

ConAgra Foods Recalls All Banquet Pot Pies and Store Brand Pot Pies

ConAgra recalls all frozen pot pies All ConAgra’s pot pies are made at the Marshall plant, which began producing microwavable frozen pot pies in 2005.  “We’re recalling all of them, all ever made at that plant,” said Childs. From a ConAgra Press Release: OMAHA, Neb.–(BUSINESS WIRE)–Oct. 11, 2007–ConAgra Foods announced today that it is continuing […]

October 11, 2007

Bill Marler: Food Safety Czar?

Speechwriter/Ghostwriter Jane Genova recently posted on her blog that she thinks Hillary Clinton will win the Whitehouse and when she does, I should be appointed Food Safety Czar: I have someone in mind for the job of food-safety czar.  It’s Bill Marler of Marler Clark Law firm. Actually Hillary might already know Marler, a plaintiff […]

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