Legal Services

Marler Clark has extensive experience representing victims of foodborne illnesses. In 1993, William Marler represented HUS survivor Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. Since that time, Marler Clark has represented hundreds of individuals, mostly children, in litigation resulting from consumption of contaminated food and water, as well as exposures to contaminated swimming pools, petting zoos, and other recreational environments.

Marler Clark has brought claims on behalf of victims of Salmonella outbreaks traced to pastries, tomatoes, orange juice, cantaloupe, and other foods. The firm has litigated against the meat producers, fresh produce firms, restaurants, supermarkets, and other entities responsible for Salmonella outbreaks. Below is a list of Salmonella outbreak cases Marler Clark has been involved in. The links will take you to the Marler Clark Web site, where you can read more about the outbreaks and about Marler Clark.

Black Forest Bakery Salmonella Litigation - Michigan

Contaminated cannoli filling and cassata cakes from a popular local bakery poisoned nearly 200 people in Clinton Township - suburban Detroit - Michigan in early 2002.

State investigators blamed poor sanitation practices, lack of employee hand-washing, and cross contamination of Salmonella-contaminated eggs or dairy products in the kitchen. Of 196 people who were sickened, 24 were hospitalized with extreme diarrhea, stomach pains, vomiting and other painful symptoms linked to E. coli. Investigators could not determine the precise origin of the contamination, but reported that the outbreak was worsened by poor kitchen practices.

Marler Clark represented many of those most-sickened by the toxin, which contaminated products sold at the bakery and served at a variety of events.

Brook-Lea Country Club Salmonella Litigation - Rochester, New York

In the summer of 2002, an outbreak of salmonella poisoning was traced to the restaurant at the Brook-Lea Country Club in suburban Rochester, NY. Nearly 100 people fell ill in the initial outbreak, which was followed by a second outbreak a few weeks later.

For a time, the country club board of governors attributed the outbreaks to "deliberate contamination of food." The specific cause was not identified, but the Brook-Lea restaurant was closed for some time.

Marler Clark settled the claims of 75 individuals who were ill with Salmonella infections.

C.L. Swanson Salmonella Litigation - Rochelle, Illinois

Twelve Rochelle Foods workers tested positive for Salmonella between April 5 and April 22, 2005. Two of the twelve individuals were plant cafeteria workers, and employees of C.L. Swanson Corporation.

Marler Clark filed a lawsuit against C.L. Swanson on behalf of a Rochelle Foods worker who became ill with a Salmonella infection after eating at the cafeteria.

Cafe Santa Fe Salmonella Litigation - Arkansas

The Saline County Health Department and Arkansas Department of Health investigated a Salmonella outbreak in Benton, Arkansas, in May, 2005. What was originally believed to be a small outbreak, with only nine ill people, ballooned into a large outbreak, with dozens of people reporting illness.

Chili's Salmonella Litigation - Illinois

Nearly 50 people represented by Marler Clark received substantial settlements after contracting salmonella poisoning at Chili's Grill and Bar in the Chicago suburb of Vernon Hills, north of Chicago, Illinois.

More than 300 patrons and restaurant employees suffered stomach pains and other symptoms after eating at the restaurant in late June of 2003. Health authorities reported that the restaurant continued to operate even after a dishwashing sanitizer broke down and the kitchen lost its fresh water supply.

County officials called it the worst salmonella outbreak in nearly 20 years. Among those sickened were 29 restaurant workers, and authorities blamed the outbreak on poor sanitation, including the lack of safe water for hand-washing.

Corky and Lenny's Salmonella Outbreak Litigation - Ohio

A Cuyahoga County Health Department investigation revealed that twenty-one customers who had eaten at Corky & Lenny's Restaurant in Woodmere, near Cleveland, Ohio, between January 29 and February 10, 2006, were hospitalized with Salmonella infections. At least twenty individuals were confirmed ill with Salmonellosis, and 61 probable cases were reported to the health department. Corky & Lenny's closed on February 10th, and reopened on February 17th, after it had been deemed safe by the health department.

Marler Clark filed suit on behalf of a Cleveland-area woman who contracted Salmonella after consuming food from Corky and Lenny's. The firm represents twelve patrons of the restaurant, most of which were hospitalized as a result of their Salmonella infections.

Golden Corral Salmonella Outbreak - Georgia

A four-year-old girl and her grandmother were among at least 23 people stricken with salmonella poisoning traced by state health authorities to the Golden Corral buffet restaurant in the Atlanta suburb of Kennesaw, Georgia , in the summer of 2003.

Marler Clark represented several of the victims of the outbreak, which was probably caused by an infected food handler. The restaurant was closed for several days while health inspectors searched for the source. Salmonella bacteria was found in the floor drain.

Harmony Farms Salmonella Litigation - Washington and Oregon

Marler Clark represented several victims of the outbreak of Salmonella that was traced to alfalfa sprouts produced by Harmony Farms, of Auburn, Washington. The sprouts were blamed for back-to-back outbreaks of Salmonella poisoning that sickened at least 16 people in Oregon and Washington in 2003.

As a result, state health authorities ordered a recall of the alfalfa sprouts, which had been distributed to wholesalers, stores and restaurants throughout the West Coast. Even after Harmony Farms changed its procedures, there was a second outbreak later in the year that sickened more people and led to another state recall.

KFC Salmonella litigation - Colorado

Marler Clark represented two small children who contracted Salmonella from "popcorn chicken" at a Colorado KFC restaurant in January of 2002. Health authorities identified two areas in the restaurant kitchen where cross-contamination could have occurred.

Kunick Cantaloupe Salmonella Litigation - Washington and Oregon

Marler Clark represented an 84-year-old Goldendale, WA, man who spent 18 days in the hospital in 2002 after being poisoned by Salmonella in a cantaloupe grown in Mexico and distributed by Kunick Company of Texas.

The Salmonella outbreak sickened dozens of people in Western states and led to the recall of more than a quarter million cantaloupes. The melons were sold by Safeway and other stores and restaurants.

Cantaloupes have been increasingly associated with Salmonella outbreaks affecting consumers across the country. In 2001, a similar outbreak sickened people in 14 states from California and Washington to New York and Georgia.

Linh's Bakery Salmonella Litigation - California

As many as 250 people reported getting sick in the outbreak that happened around the weekend of April 7 and that health officials blame on salmonella contamination from a sandwich spread made with raw eggs.

Henrico County health officials pulled Linh's food-service permit after dozens of people filled hospital emergency rooms the weekend of April 7 complaining of diarrhea, chills, nausea and stomach pains. At least 25 people were hospitalized in the outbreak.

Malt-O-Meal Salmonella Litigation - Multistate

In 1998, Malt-O-Meal on recalled as much as 3 million pounds of its plain toasted oat cereal after the U.S. Centers for Disease Control and Prevention found that it was the likely source of Salmonella food poisoning. At least 17 Washington state children became ill with Salmonella infections, and litigation resulted.

Old South Restaurant Salmonella Litigation - South Carolina

At least 300 people became ill with Salmonella infections after eating at the Old South Restaurant in Camden, SC in May, 2005. Fifty-one people were hospitalized as a result of their infections, and one person died. The South Carolina Department of Environmental Health traced the illnesses to undercooked turkey served in the buffet at the restaurant.

Orchid Island Salmonella Litigation - Florida, Nationwide

The Food and Drug Administration (FDA) announced on July 8, 2005, that Orchid Island Juice Co. of Fort Pierce, Florida, was recalling unpasteurized orange juice. The recall came after at least fifteen people were confirmed as being ill with Salmonella Typhimurium infections, and epidemiological evidence linked the outbreak to consumption of Orchid Island orange juice.

Paramount Farms Almonds Salmonella Outbreak Litigation - California, Nationwide

Hundreds of consumers across the country may have been sickened in early 2004 by salmonella linked to almonds packaged by Paramount Farms in California and sold by Costco warehouses and other stores nationwide.

Marler Clark represented many of those customers, including a mother and two young children in Kennewick, Washington, who became ill after eating the raw almonds packaged by Paramount.

The company recalled 13 million pounds of its packaged almonds after health officials reported 25 cases of Salmonella poisoning traced to the product. Health officials believe far more people have fallen ill, but that their illnesses were not linked officially to the almonds. Paramount had not pasteurized its raw almonds, but began using a gas pasteurizing process following the outbreak.

Quality Inn Salmonella litigation - Washington

Marler Clark represents a Clarkston, Washington, man who was one of 58 people infected with Salmonella Enteritidis at a company banquet at the Clarkston Quality Inn in March, 2003. The victim suffered extreme diarrhea, stomach cramps, high fever and vomiting in the days following the banquet, which also affected at least 25 of his fellow employees. His illness led to arthritis which left him unable to work and he was eventually terminated by the company.

Health officials concluded that the most likely source of the contamination was undercooked eggs used to make "fried ice cream." The incidence of Salmonella is believed to be increasing in the U.S.

San Antonio Taco Salmonella Litigation - Kansas

Marler Clark represented plaintiffs in litigation against San Antonio Taco Co. after they became ill with Salmonella infections after eating at the San Antonio Taco restaurant near Vanderbilt University.

The Metro Health Department received calls from more than 200 people who said they had symptoms of food poisoning after eating at the popular restaurant. Health officials subsequently confirmed that 11 of those people were infected with salmonella, but officials said they could not pinpoint the exact food-source that was the cause of the outbreak.

Seasons at the Pond Salmonella Litigation - Colorado

More than 50 guests and employees were sickened with Salmonella Newport poisoning during an outbreak at the Seasons at the Pond restaurant in Steamboat Springs, Colorado, in December of 2002. Marler Clark represents a 43-year-old mother who had eaten lunch with friends at the restaurant, and suffered more than a week of nausea, cramping, dry heaves and weakness..

Health authorities belief the poisoning originated with a fruit salad served as a side dish or breakfast entrée. Of the 50 victims, nine were restaurant employees, and three were hospitalized.

Sheetz Salmonella Litigation - Pennsylvania & Eastern States

In the summer of 2004, more than 400 in Pennsylvania and four other Eastern states suffered salmonella poisoning that was traced to contaminated Roma tomatoes in sandwiches sold at Sheetz convenience stores. Marler Clark represented more than 90 of the victims.

The tomatoes are believed to have been grown in Florida and distributed by Coronet Foods of Wheeling, West Virginia. Investigators suspect that the pre-sliced tomatoes contained up to four different bacterial strains of salmonella. The Wheeling plant, which supplied bagged salads, vegetables and fruits to about 20 states, was subsequently closed.

Shipley Sales Cantaloupe Salmonella Litigation - California

In May 2001, the FDA issued a press release warning consumers about Viva Brand imported cantaloupe. The FDA advised consumers of an outbreak of Salmonella Poona linked to cantaloupe imported to the U.S. by Shipley Sales Service of Nogales, Arizona.

The cantaloupe was implicated in a Salmonella outbreak that caused numerous illnesses and two deaths in Arizona, California, Connecticut, Georgia, Hawaii, Massachusetts, Minnesota, Missouri, New Mexico, Nevada, New York, Oregon, Tennessee and Washington State.

Marler Clark represented several families who had members that became ill with Salmonella infections after eating the cantaloupe.

Sun Orchard Salmonella Litigation - Multistate

During June and July of 1999, 15 states and two Canadian provinces had reported 207 confirmed cases of Salmonella infection associated with a single source. By early July 1999, 85 persons with this illness were identified in Washington State alone.

Epidemiological investigations by the health departments linked the outbreak of a relatively rare strain of Salmonella to unpasteurized orange juice products produced by Sun Orchard, Inc., an Arizona based company. Similar strains of Salmonella were eventually detected in unopened containers of Sun Orchard juice products, and in blenders where smoothies were made. Genetic matches were quickly established between the lab results of the stool cultures from victims and the Sun Orchard product.

Sun Orchard voluntarily announced a recall of all of its unpasteurized orange juice products on June 25, 1999. The Food and Drug Administration, on July 10, 1999, issued a nationwide warning to consumers against drinking unpasteurized orange juice products distributed under a variety of brand names by Sun Orchard, Inc. due to the continuing reports of illness related to the product.

Sushi King Salmonella Litigation - Arkansas

In February of 2006, the Arkansas Department of Health and Benton County Health Department reported that 52 individuals had cultured positive for Salmonella infections after eating at the Sushi King restaurant in Bentonville, Arkansas. At least 152 people reported experiencing symptoms of Salmonella infection, with the last date of symptom onset reported as February 14th.

Marler Clark represents 35 individuals who became ill with Salmonella infections after eating at the Sushi King restaurant.

Susie Cantaloupe Salmonella Litigation

See Shipley Sales Cantaloupe Salmonella Litigation

Viva Cantaloupe Salmonella Litigation

See Shipley Sales Cantaloupe Salmonella Litigation

Wal-Mart Salmonella Outbreak - Indiana

In May 2006, Indiana's Johnson and Marion County Health Departments began receiving reports of an apparent Salmonella outbreak among patients at local hospitals. As of August 28, 2006, the Indiana State Department of Health reported that at least 84 individuals had been confirmed ill with Salmonellosis between May and August 2006. An investigation into the outbreak revealed the source to be foods purchased from the bakery and deli at the Wal-Mart store located at 1133 North Emerson in Greenwood, Indiana.

Marler Clark filed a lawsuit against Wal-Mart on behalf of a child who became ill as part of the outbreak and was hospitalized on September 7, 2006. The firm has been contacted by additional individuals who developed Salmonellosis after consuming foods from Wal-Mart, and will pursue legal claims on their behalf.

Western Sizzlin' Salmonella - North Carolina

Marler Clark represented 35 clients poisoned in April 2002 by salmonella at a Western Sizzlin' restaurant in Spruce Pine, Mitchell County, near Asheville, NC.

Wyndham Anatole Hotel Salmonella Litigation - Texas

The Wyndham Anatole, a Wyndham International Hotel property, exposed over 3,000 individuals to Salmonella Enteritidis during a three-week period from mid-April 2002. Several hundred people, from all over the United States, are believed to have become ill.

Marler Clark filed a class action lawsuit on behalf of all individuals who became ill with Salmonella infections after eating contaminated foods at the Wyndham Anatole Hotel.

To learn more about Marler Clark and our efforts on behalf of Salmonella victims, visit http://www.marlerclark.com/news-salmonella.htm.