In this 2011 presentation given at the University of Colorado Law School, foodborne illness attorney William Marler explains the intricacies involved in successfully litigating a food poisoning case.
The official case study of the viral phenomenon called 'Kolaveri'. The viral marketing of this campaign was strategised and executed by Jack in the Box Worldwide.
The official case study of the viral phenomenon called 'Kolaveri'. The viral marketing of this campaign was strategised and executed by Jack in the Box Worldwide.
2011 NCASM Conference: Separating the Wheat from the Chaff with Bill MarlerBill Marler
Marler Clark Managing Partner Bill Marler's presentation to the Northern California American Society for Microbiology about the process of food safety plaintiff litigation
genetic testing for mothers and childrenpooja kajla
Genetics is the branch of science that deals with the study of heredity
Term ‘Gene’ was coined in by Johannsen in 1909
Mr. Johann Gregor Mendel(1822-1884) is “Father of Genetics”
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
More Related Content
Similar to Proving a Foodborne Illness Case with Bill Marler
2011 NCASM Conference: Separating the Wheat from the Chaff with Bill MarlerBill Marler
Marler Clark Managing Partner Bill Marler's presentation to the Northern California American Society for Microbiology about the process of food safety plaintiff litigation
genetic testing for mothers and childrenpooja kajla
Genetics is the branch of science that deals with the study of heredity
Term ‘Gene’ was coined in by Johannsen in 1909
Mr. Johann Gregor Mendel(1822-1884) is “Father of Genetics”
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
Hemolytic Uremic Syndrome (HUS) chris edits 7.31.23.pptxBill Marler
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
31 of the Biggest Recalls in Food Safety HistoryBill Marler
In November 2018 Cheyenne Buckingham and John Harrington wrote “31 Food Recalls That Poisoned the Most People.” Here is the Marler Clark view of the same list.
I will be giving a talk on the 2011 Listeria Outbreak in the US that sickened 147 and killed at least 33. Over 100 have died from Listeria in South Africa in the last year.
2018 Royal Society for Public Health SpeechBill Marler
Later this month I will be giving a talk to the Royal Society for Public Health. The talk will be a bit of history of E. coli and the Jack in the Box case.
The Fresh Produce Safety Centre (FPSC) provides open access to actionable information for fresh produce businesses and government to continually enhance the safety and quality of fruit and vegetables.
We aim to raise awareness and to increase the collaboration between stakeholders of the Australian and New Zealand fresh produce industry, as well as establish global partnerships to better utilise the information available.
Any outbreak of foodborne illness will impact the entire fresh produce sector, therefore fresh produce safety and traceability is of the utmost importance for all levels of the supply chain including growers, packers, processors, distributors, wholesalers and retailers.
The FPSC website covers all aspects of fresh produce safety by supplying valuable information and resources, providing research with practical application, and identifying knowledge gaps in fresh produce safety.
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
The 10 Most Influential Leaders Guiding Corporate Evolution, 2024.pdfthesiliconleaders
In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
FIA officials brutally tortured innocent and snatched 200 Bitcoins of worth 4...jamalseoexpert1978
Farman Ayaz Khattak and Ehtesham Matloob are government officials in CTW Counter terrorism wing Islamabad, in Federal Investigation Agency FIA Headquarters. CTW and FIA kidnapped crypto currency owner from Islamabad and snatched 200 Bitcoins those worth of 4 billion rupees in Pakistan currency. There is not Cryptocurrency Regulations in Pakistan & CTW is official dacoit and stealing digital assets from the innocent crypto holders and making fake cases of terrorism to keep them silent.
In the Adani-Hindenburg case, what is SEBI investigating.pptxAdani case
Adani SEBI investigation revealed that the latter had sought information from five foreign jurisdictions concerning the holdings of the firm’s foreign portfolio investors (FPIs) in relation to the alleged violations of the MPS Regulations. Nevertheless, the economic interest of the twelve FPIs based in tax haven jurisdictions still needs to be determined. The Adani Group firms classed these FPIs as public shareholders. According to Hindenburg, FPIs were used to get around regulatory standards.
buy old yahoo accounts buy yahoo accountsSusan Laney
As a business owner, I understand the importance of having a strong online presence and leveraging various digital platforms to reach and engage with your target audience. One often overlooked yet highly valuable asset in this regard is the humble Yahoo account. While many may perceive Yahoo as a relic of the past, the truth is that these accounts still hold immense potential for businesses of all sizes.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
1. Separating the
Wheat from the Chaff
The Reality
of Proving
a Foodborne
Illness Case
William D. Marler, Esq.
2. The Chaff – Cases We Turn Away Every Day
• Since 1993 • Only a fraction of the victims
Marler Clark has who contact our office end
represented up being represented.
thousands of • Who do we turn away?
legitimate food Why?
illness victims
in over 47 States.
Settlements and
Verdicts – total over
$600,000,000.
3. Incubation Period
• The time between
ingestion of a
foodborne pathogen
and the onset of
symptoms, are only
ranges – and wide
ones at that – they
can still be used to
identify a suspect
food-poisoning
claim.
4. Incubation Periods of
Common Foodborne Pathogens
PATHOGEN INCUBATION PERIOD
Staphylococcus aureus 1 to 8 hours, typically 2 to 4 hours.
Campylobacter 2 to 7 days, typically 3 to 5 days.
E. coli O157:H7 1 to 10 days, typically 2 to 5 days.
Salmonella 6 to 72 hours, typically 18-36 hours.
Shigella 12 hours to 7 days, typically 1-3 days.
Hepatitis A 15 to 50 days, typically 25-30 days.
Listeria 3 to 70 days, typically 21 days
Norovirus 24 to 72 hours, typically 36 hours.
5. Within Hours of Eating
• After getting out of
church yesterday
morning, I stopped
at a restaurant to
grab a sandwich….
Within two hours of
eating that sandwich
I became very ill.
6. The Food Looked/Smelled/Tasted Funny
“My husband recently
opened a bottle of salsa
and smelled an unusual
odor but chose to eat it
regardless, thinking that it
was just his nose. He found
what appeared to be a
rather large piece of animal
or human flesh. He became
very nauseated and I feel
the manufacturer should be
held responsible.”
7. “Gross-Out” Claims
“I opened a box of Tyson
Buffalo wings and saw an
unusually shaped piece of
chicken and I picked it
up. When I saw that the
‘piece’ had a beak, I got
sick to my stomach. My
lunch and diet coke came
up and I managed to
christen my carpet, bedding
and clothing. I want them
to at least pay for cleaning
my carpet etc.”
8. In Between the Quickly Dismissed
and the Clearly Compelling
• Health department
investigation of an
outbreak or
incident
• Prior health
department
inspections
• Medical records
• Lab results
9. Health Department
Investigation of an Outbreak
• All states have agencies tasked with monitoring
bacterial and viral illnesses associated with food
consumption
• The scope of the investigation varies from case
to case
• It is very difficult to dispute a health department-
confirmed outbreak or even an isolated case.
• Health departments do not point the finger
prematurely. Most epidemiologist will not confirm
an outbreak without 95% confidence in a
particular conclusion.
10. Can the Plaintiff Make a Case Without
Health Department Support?
• In cases in which the health department cannot
rule out a source but also cannot identify it with
95% certainty, it is possible for a plaintiff to make
a claim for damages even without a health
department’s confirmation of an outbreak.
• In these cases, reliable expert opinion or
examination of the health department
investigators themselves can establish the source
of a plaintiff’s illness with sufficient certainty to
meet the legal burden of proof.
11. Proving a Case Using Prior Health
Inspections/Violations
• Document the food
service establishment’s
sordid past.
• Documents can be
acquired through the discovery process
or through the Freedom of Information Act.
• A list of improper techniques and code
violations can serve as a tool for limiting
a defendant’s trial options.
12. Identifying the Improper Procedure
That Led to the Contamination of the Food
• It is rare that contaminated leftovers can be
located by the time investigative agencies or
lawyers are on the scene.
13. Improper Cooking Procedures
• A young girl suffered HUS after eating
a hamburger from a midsized southern
California fast-food chain.
• Her illness was not culture-confirmed.
• No food on site tested positive for
E. coli O157:H7.
• Review of health inspections
revealed flaws in cooking methods.
Hamburger buns are toasted on the grill immediately adjacent to the
cooking patties, and it is conceivable that, early in the cooking process,
prior to pasteurization, meat juices and blood containing active
pathogens might possibly splash onto a nearby bun.
14. Improper Refrigeration
• A Chinese buffet-restaurant in
Ohio was the suspected source
of an E. coli O157:H7 outbreak.
• No contaminated leftover food
was found.
• A number of ill patrons were
children. Jell-O was suspected as
the vehicle of transmission.
• Health Department report noted
“raw meat stored above the
Jell-O in the refrigerator.”
The likely source of E. coli O157:H7 in the Jell-O was from raw meat
juices dripping on the Jell-O while it was solidifying in the refrigerator.
15. Improper Storage and Cooking Procedures
• Banquet-goers in
southeastern
Washington tested
positive for Salmonella.
• Leftover food items
had been discarded
or tested negative.
• Restaurant had “pooled” dozens, if not hundreds,
of raw eggs in a single bucket for storage
overnight, then used them as a “wash” on a
specialty dessert that was not cooked thoroughly.
16. Patterns of Poor Food-Handling Practices
• In a situation where
defending the case
from a liability
standpoint is a
less-than-certain
undertaking, defense
counsel may be wary
of admission of
evidence that will make
the defendant look bad
in the eyes of the jury.
17. Improper Sanitation
• In 2000, large Shigella
outbreak on the West Coast –
producer and distributor of
high-end fresh food items.
– A major purchaser of the producer
had conducted its own inspection
and refused to purchase any more
of the firm’s products.
• In 2002, Seattle-area
restaurant had outbreak
of food poisoning. Unable to
pinpoint pathogen, but prior
inspection reports revealed a
consistent pattern of poor
food-handling practices.
18. Proving a Case Using Medical Records
• Evidence of a possible
foodborne illness
source can sometimes
be found in the
person’s medical-
treatment records,
such as an emergency
room notation of a
suspected food or drink
item, or a lab test
result.
19. What Type of Medical Evidence
Can Help Make a Case?
• Lab tests aren’t
always available
• Each foodborne
pathogen carries an
expected incubation
period
• Most common bacterial
and viral pathogens
found in food share
similar symptoms
20. Proving a Case Using Lab Tests
• Many states require reporting
of tests for a number of
pathogens, including;
– E. coli O157:H7
– Salmonella
– Shigella
– Listeria
– Hepatitis A
– Campylobacter
• The process of obtaining the
DNA fingerprint is called
Pulse Field Gel
Electrophoresis (PFGE).
21. Proving a Case Using PFGE
• The PFGE pattern of
bacteria isolated from
contaminated food can
be compared and
matched to the PFGE
pattern of the strain
isolated from the stool
of infected persons.
• When paired, PFGE and
epidemiological evidence
are extremely potent in
supporting causation.
22. Proving a Case with PulseNet
• PulsetNet is an early-
warning system for
outbreaks of foodborne
disease.
• Using this system
scientists at labs
throughout the country
can rapidly compare the
PFGE patterns of
bacteria from ill persons
to help determine where
the outbreak occurred.
23. The Impact of the Absence
of a Positive Test
• A negative test result or
the lack of any lab test at
all, can sometimes be
explained by other factors.
– Antibiotics
– Untimely Testing
– No test given
– Looking at the
circumstances as a whole
– Testing the food
26. A Real Life Example
Benton Franklin
Health District
October 1998
• Call from Kennewick
General Hospital
infection
control nurse
• Call from elementary
school principal
27. Preliminary Interviews
• Kennewick General
Hospital
• Kennewick Family
Medicine
• Interview tool
– Knowledge of
community
– Asked questions
from answers
28. Case Finding
• Established communication with area
laboratories, hospitals and physicians
• Notified the Washington State Department
of Health Epidemiology office
• Established case definition early
and narrowed later
29. Finley Schools
• Finley
School District
– K-5
– Middle School
– High School
• Rural area
– Water supply
– Irrigation water
– Septic system
– Buses
30. Epidemiologic Investigation
• Classroom schedules
• Bus schedules
• Lunch schedules
• Recess schedules
• Case-Control Study
• Cohort Study of
Staff
• Cohort Study of
Meals Purchased
31. Environmental Investigation
• Playground
Equipment
– Puddles
– Topography
– Animals
• Water system
• Sewage system
35. Results
• Ill students in
grades K-5
• All but one ill child
at a taco meal
• No other common
exposures detected
• No ill staff members
36. Results
• Food handling
errors were noted
in the kitchen
• There was
evidence of
undercooked taco
meat
• No pathogen found
in food samples
37. Conclusions
• Point source outbreak
related to exposure
at Finley Elementary
School
• A source of infection
could not be
determined
• The most probable
cause was consuming
the ground beef taco
38. The Lawsuit
• Eleven minor plaintiffs:
10 primary cases, 1 secondary case
• Parents also party to the lawsuit,
individually and as guardians ad litem
• Two defendants: Finley School District
and Northern States Beef
39. The Basic Allegations
• Students at Finley Elementary
School were infected with E.
coli O157:H7 as a result of
eating contaminated taco meat
• The E. coli O157:H7 was
present in the taco meat
because it was undercooked
• The resulting outbreak
seriously injured the plaintiffs,
almost killing one of them
40. At Trial: The Plaintiff’s Case
• The State and the BFHD
conducted a fair and thorough
investigation
• Final report issued by the
WDOH concluded the taco
meat was the most likely
cause of the outbreak
• The conclusion reached as a
result of the investigation was
the correct one
41. More of The Plaintiff’s Case
• There were serious deficiencies in the
District’s foodservice operation
• There were reasons to doubt the District’s
explanation of how the taco meat was
prepared
• The law only requires a 51% probability
to prove the outbreak’s cause-in-fact
42. The School District’s Defense
• The taco meat was
safe to eat because:
– We love children
– We are always
careful to cook
it a lot
43. The Taco Meal Recipe Card
It’s not our fault, someone sold us
contaminated beef
44. More of the School District’s Defense
• We’ve never poisoned
anyone before
• The health departments
botched the investigation
and jumped to a hasty
conclusion
• Something else caused
the outbreak
46. What Did This Jury Think?
• The investigation was
fair and thorough
• More probably than not,
undercooked taco meat
caused the children to
become ill
• The School District was
ultimately responsible
for ensuring the safety
of the food it sold to its
students
47. In The End
• After a six week trial,
plaintiffs were awarded
$4,750,000
• The District appealed
the verdict on grounds
that product liability
law did not apply
• September 2003 the
WA State Supreme
Court dismissed the
District’s case
• Final award -
$6,068,612.85