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 […]

September 21, 2006

Experts fear spinach scare may dampen bagged salad market

Case Update: 146 cases of illness due to E. coli infection have been reported to the Centers for Disease Control and Prevention (CDC), including 23 cases of Hemolytic Uremic Syndrome (HUS), 76 hospitalizations, and one death. Illnesses continue to be reported to CDC. As noted in this AP article (with 1 correction): Seattle lawyer Bill […]

September 20, 2006

More thoughts on whether the convenience is worth the risk . . .

Maybe bagged lettuce and spinach aren’t worth the convenience. The CDC and FDA have now confirmed 146 people from 23 states as becoming ill with E. coli O157:H7 infections after eating bagged spinach. 76 of those people have been hospitalized; 23 with HUS. This may be just one more example of a systemic problem that’s been plaguing the […]

September 20, 2006

Spinach E. coli Outbreak Daily Update

146 cases 76 hospitalized 23 hus 71 % female 23 states What is most important is that the New Mexico Health Department confirmed a positive from an open Dole baby spinach bag; packed by Natural Selection

September 20, 2006

We are now up to 23 states, 146 cases

We are now up to 23 states, 146 cases As of 1 PM (ET) September 20, 2006, Wednesday, 146 persons infected with the outbreak strain of E. coli O157:H7 have been reported to CDC from 23 states. Among the ill persons, 76 (52%) were hospitalized, 23 (16%) developed a type of kidney failure called hemolytic-uremic […]

September 19, 2006

Bagged Produce May Not Be Worth Convenience

September 19th, 2006 @ 5:55pm KSL TV Salt Lake City Ed Yeates Reporting "I think you have to step back and go, ‘well, maybe convenience and money aren’t worth it.’" A Seattle attorney and advocate for change in the produce industry says, though convenient, maybe bagged produce isn’t such a good idea after all. As […]

September 19, 2006

E. Coli Probe Focuses on 9 Calif. Farms

It is great when the Washigton Post, New York Times and Los Angeles Times all cover the same story — perhaps there will be a behavior change in the lettuce and spinach industry.  My question is where are the politicians?  Where is the call for concern?  Another question – why have the producers of this […]

September 18, 2006

New Updated Numbers from CDC and FDA

114 confirmed illneses 21 states 60 hospitalizations 18 HUS 1 death; still investigating Ohio

September 18, 2006

Source for Past E. coli Outbreaks

The E. coli outbreak that has been linked to Spinach has sickened over 100 in 20 states.  Marler Clark has ben retained by 18 families and is investigating 22 other cases in several states.  We have filed lawsuits in Oregon, Wisconsin and Utah.  I have had several inquiries about prior outbreaks stemming from fresh spinach […]

September 17, 2006

Natural Selection named by Seattle law firm as defendant

Note – the AP news report cited in the article Spinach packer target of suits that we filed a lawsuit in California on behalf of the family is incorrect. We did represent Ms. McWalter’s family two years ago stemming from her death after eating E. coli contaminated spinach.  She died after contracting HUS.  For information […]

September 16, 2006

This Story Breaks My Heart

FROM PRESS REPORTS FROM OHIO: Family: Spinach May Be Responsible For Baby Death A Cambridge family would have celebrated their baby girl’s second birthday Saturday, but instead, they were searching for answersas to what caused Olivia Perkins, and three other children in the family, to contract E.coli. It was that bacteria that eventually took little […]

September 15, 2006

Update from FDA on E. coli Outbreak

Posted on September 15, 2006 and updated on September 16, 2006, by Bill Marler Affected brands Natural Selection Foods brands include: Natural Selection Foods, Pride of San Juan, Earthbound Farm, Bellissima, Dole, Rave Spinach, Emeril, Sysco, O Organic, Fresh Point, River Ranch, Superior, Nature’s Basket, Pro-Mark, Compliments, Trader Joe’s, Ready Pac, Jansal Valley, Cheney Brothers, […]

September 15, 2006

Natural Selection Foods Implicated in E. coli Spinach Outbreak

The AP just reported that California based Natural Selection Foods may be the missing link in this ongoing outbreak: Natural Selection Foods LLC said in a statement that it was cooperating with federal and state health officials to identify the source of the contamination and had stopped shipping all fresh spinach products. They are sold […]

September 15, 2006

Spinach E. coli Outbreak Grows

I was awakened this morning at 3:00 AM Seattle time by a reporter wanting to know the status of the outbreak. At that time the toll on consumers stood at 30 from 7 states. Over 12 hours later and countless interviews, spinach contaminated with E. coli O157:H7 has now sickened at least 94 people across […]

September 15, 2006

FDA issues spinach warning

Another in a series of articles by Mr. Lin and the LA Times tracking the problems with fresh, "pre-washed," ready to eat lettuce and spinach: FDA issues spinach warning. From the article: An ongoing outbreak of E. coli has killed one person and sickened at least 48 others in eight states, prompting the U.S. Food […]

September 15, 2006

Nationwide E. coli breakout affects bagged spinach

In its article Nationwide E. coli breakout affects bagged spinach the Statesman Journal reports on the confirmed E. coli case in Salem, Oregon. From the article: Wellborn’s illness was traced back to a package of Dole baby spinach, according to her family and her attorney. The law firm of Marler Clark in Seattle, which has […]

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