A Bit(e) of History at Marler Clark

A Marler Clark History:

• Marler Clark was formed in 1998 following the historic Jack-in-the Box E. coli outbreak that sickened nearly 700, hospitalizing hundreds and causing the death of 4 children. Bill Marler and Andy Weisbecker, who represented the E. coli victims, joined forces with Bruce Clark and Denis Stearns, who represented Jack-in-the-Box, to form the first and only law firm with its sole mission to represent the victims of foodborne illnesses, like E. coli, Salmonella, Listeria, Hepatitis A and others. Since 1998 Marler Clark has been involved in all major outbreak in the United States and has consulted on cases around the world.  Together they have secured verdicts and settlements for their clients more than $850,00,000.
• The Jack-in-the-Box E. coli outbreak of 1993 was the first major foodborne illness outbreak to garner world-wide attention.  As chronicled in the best-selling book “Poisoned,” it did change the way that American’s eat. Bill Marler represented many of the victims, mostly children, and a record-setting $15,600,000 for one child who developed hemolytic uremic syndrome, a deadly complication of the E. coli bacteria. Total settlement from the outbreak exceeded $100,000,000.  In addition to securing Marler Clark’s place as the leading advocates for food poisoning victims,  it also launched Bill’s passion for a safer food supply.  This outbreak caused extensive safety measures in the U.S. meat supply.
• In 1996 Odwalla unpasteurized apple juice was responsible for an E. coli outbreak that caused acute kidney failure in several children and the death of one two-year-old.  Marler Clark represented most of the children and learned during the lawsuit that Odwalla had been rejected as a supplier for the U.S. Army.  However, despite that rejection, Odwalla did not change its manufacturing or testing procedures which eventually lead to the outbreak, the recall and eventually a $1,400,000 criminal fine from the FDA and Department of Justice.  This outbreak led to FDA changes in juice production.
• The Chi-Chi’s hepatitis A linked to imported contaminated green onions hit the small town of Beaver, Pennsylvania in 2003 sickening over 500 people and causing the deaths of five.  Marler Clark represented hundreds of the victims including one man who suffered acute liver failure and required a liver transplant to survive.  Nearly 10,000 people received hepatitis A vaccines to prevent the illness. Settlements in the outbreak exceeded $75,000,000.  Since this outbreak Marler Clark has continued to advocate for preventative hepatitis A vaccines, especially for health care and food service workers.
• What the Jack-in-the-Box E. coli outbreak was to the meat industry, the Dole baby spinach outbreak in 2006 was to the leafy green industry.  Over 200 people were sickened, dozens with acute kidney failure and five deaths were linked to contaminated spinach grown in California.  During the litigation Marler Clark uncovered that the likely cause of the outbreak were wild pigs that had entered the fields in the days before harvest.  Marler Clark represented most of the severely injured and the families of those that died.  Settlements exceeded $50,000,000 and prompted changes to food safety laws for the first time in nearly 75 years.
• The Peanut Corporation of America (PCA) Salmonella outbreak in 2009 was both a tragedy and a crime.  It is estimated that over 1,000 were sickened, hundreds hospitalized and nine dead due to the owners of PCA knowingly shipping Salmonella-tainted peanut butter.  PCA peanut products went into nearly 4,000 different products and caused one of the world’s largest recalls of food.  Marler Clark bankrupted PCA but was still able to seek fair compensation for the victims and their families.  Criminal charges were levied against the executives of PCA – two are spending 20 years or more in Federal prison.
• It is hard to imagine that in 2011 over 30 people died and 150 injured by Listeria-tainted cantaloupe grown in the U.S by Jensen Farms.  Marler Clark proudly represented all the families of those that died and dozens of others who were sickened by the deadly pathogen but survived.  The cause of the outbreak was determined to be contaminated cleaning and storage equipment.  The litigation involved two of the world’s largest retailers, Kroger and Walmart along with the entire chain of distribution.  Marler Clark also made new law by holding food safety auditors to account for faulty inspections.
• In 2015 Chipotle was involved with a nation-wide E. coli outbreak, a Salmonella outbreak and two Norovirus outbreaks.  Marler Clark represented individuals and families in all the outbreaks securing significant settlements.  In addition, Marler Clark worked with the victims and families and the U.S. Department of Justice in the government’s $25,000,000 fine for Chipotle’s ongoing food safety violations.  At the time, that fine was the largest ever levied against a food manufacturer in the U.S.
• In what has been the largest leafy green outbreak, the 2018 romaine lettuce E. coli outbreak could have been prevented.  Despite clear knowledge by the FDA and the leafy green industry, E. coli outbreaks, especially those linked to romaine lettuce, are caused by growing in proximity to cattle, the industry continues to do it and the FDA allows it.  In this outbreak over 250 people were sickened in the U.S. and Canada from eating romaine lettuce.  Marler Clark through litigation was able to pinpoint that nearly all the illnesses were linked to one area in Yuma, Arizona.  That area was near a cattle feed operation that serviced nearly 100,000 cows.  Marler Clark represented over 150 of the people securing settlements in 2020.
• The Famous Anthony’s hepatitis A outbreak was a tragedy that did not have to happen.  Over 50 people were sickened, most hospitalized and there were four deaths.  The cause of the outbreak was one ill food service worker that spread this human fecal virus to the food served causing much suffering.  Had the food service worked been vaccinated against hepatitis A, the outbreak would never have happened, the deaths would not have occurred, and Famous Anthony’s would not have been forced into bankruptcy.  Fortunately, Marler Clark was able to secure $14,000,000 on behalf of the victims.

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.