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 24, 2005

Hepatitis A Web site is resource for Gaming Expo attendees who were exposed to the Hepatitis A virus

The Clark County, Nevada, Health Department warned that a food worker at the Global Gaming Expo, held at the Las Vegas Convention Center September 13-15, 2005, tested positive for hepatitis A. The infected food worker was serving Schwan’s ice cream samples at the Schwan’s Food Service Booth, and did not show symptoms of the illness […]

September 15, 2005

“My Best Advice” – The Prosecuting Attorney

In an interview for The Food Recall Manual, a publication sponsored by the US Army Grant #DAAD13-03-03-C-0065, I expressed my opinions about foodborne illness litigation in “My Best Advice” – The Prosecuting Attorney.

September 13, 2005

Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark and Underberg & Kessler filed a class action complaint today against the New York Office of State Parks, Recreation and Historic Preservation. The lawsuit, which was filed in the State of New York Court of Claims, was filed on behalf of nearly 4,000 people who became ill with Cryptosporidiosis after visiting the Spraypark […]

September 02, 2005

Spraypark claim filed

Craig Fox of the Finger Lakes Times has also reported on the spraypark claim filed. From the article: A Rochester attorney and a nationally known Seattle law firm yesterday filed a notice of claim for a class action suit they may bring on behalf of some families who became sick after visiting the spraypark at […]

September 02, 2005

Water illnesses spark court fight

Lauren Stanforth, a staff writer for DemocratandChronicle.com, has reported on Marler Clark’s notice filed against New York state over Seneca Lake State Park’s Sprayground outbreak this summer. From the article: Two lawyers filed a notice Thursday with the state Attorney General’s Office that they intend to pursue a class action lawsuit against the state for […]

September 01, 2005

Notice of Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark and Underberg & Kessler filed a notice of claim today against the New York Office of State Parks, Recreation and Historic Preservation. The notice indicates the intent to file a class action lawsuit on behalf of over 3,200 people who became ill with Cryptosporidiosis after visiting the Sprayground at Seneca Lake State Park […]

August 22, 2005

Cryptosporidium Outbreak at Seneca Lake State Park Preventable

During the ten years between 1989 and 1999, recreational water venues were associated with approximately 170 outbreaks. Of those outbreaks, nearly half resulted in gastrointestinal illness from such pathogens as Cryptosporidium, E. coli O157:H7, and Shigella. In 1997, 369 people, mostly children, became ill with Cryptosporidiosis after playing in a water fountain at a Minnesota […]

August 06, 2005

Class-action notices to be mailed in Chi-Chi’s outbreak

As the Associated Press reported yesterday, more than 9,000 people who received shots to ward off hepatitis A after an outbreak at a Chi-Chi’s restaurant will be mailed forms later this month so they can claim their share of an $800,000 class-action settlement. The federal judge overseeing Chi-Chi’s bankruptcy last month approved a schedule to […]

August 04, 2005

E. coli lawsuit filed against Olive Garden

Marler Clark has filed an E. coli lawsuit was filed Monday in Multnomah County Circuit Court (Case No. 05-080796-3) against the Olive Garden Italian Restaurant. The lawsuit was filed on behalf of Jodi Greer, a Troutdale, Oregon resident who became ill with an E. coli infection after eating at the restaurant’s Gresham store in April […]

July 22, 2005

W.Va. woman sues over tainted orange juice

The Associated Press has chimed in on the lawsuit we filed against Orchid Island Juice on behalf of Heather Dowdy. From the article: Heather Dowdy of Caldwell filed the lawsuit against Orchid Island Juice Co. of Fort Pierce, Fla., late Thursday in U.S. District Court. Her lawyer, Seattle food illness specialist Bill Marler, said it […]

July 21, 2005

Marler Clark files lawsuit against Orchid Island, maker of unpasteurized Salmonella-contaminated orange juice

Marler Clark has filed a Salmonella lawsuit was against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern District of West Virginia Thursday (case no. 5:05-CV-0586). The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming […]

July 21, 2005

Tainted tomato case headed for mediation

Time has come to begin trying to hammer out financial settlements for hundreds of people who were sickened by a batch of salmonella-tainted tomatoes last summer. Marler Clark represents 98 of the more than 400 people who were sickened in Pennsylvania, Ohio, West Virginia and six other states after eating Roma tomatoes served at Sheetz […]

July 16, 2005

Hepatitis A in East Tennessee: Attorneys urge public to receive vaccination to prevent hepatitis A infection

Two East Tennessee counties, Campbell and Scott, have reported an increased incidence of hepatitis A cases for the second time this year. The East Tennessee Regional Health Department has confirmed eight cases of hepatitis A since June 25, and the Health Department is working to determine the source of a potential outbreak. In April, 2005, […]

July 16, 2005

Orchid Island Juice Co. Recalls Unpasteurized Orange Juice

Orchid Island Juice Company of Fort Pierce, Florida, is voluntarily recalling all unpasteurized orange juice (only) with a code date of 7/25/05 or earlier and all unpasteurized frozen orange juice with expiration codes of 04-25-2007 through 07-08-2007 for Just Pik’t and Natalie’s Orchid Island Juice Company brands, 18-04-2008 through 10-06-2008 for Floridella brands, bottle codes […]

July 15, 2005

Cyclospora blog is resource for victims of cyclosporiasis

Connecticut health officials issued a warning early this month after several cases of Cyclospora infection surfaced in New Haven County. At least eight people tested positive for Cyclospora, a parasite. Cyclosporiasis, the illness caused by ingestion of Cyclospora, causes severe diarrhea, bloating, stomach cramps, aches, and low-grade fever. The parasite often is found in contaminated […]

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