--- title: Marler Clark retained by victims of 2019 E. coli lettuce outbreak. date: 2019-11-20T15:31:00-08:00 author: Julie Dueck canonical_url: "https://marlerclark.com/marler-clark-the-food-safety-lawfirm-retained-by-two-victims-of-2019-e-coli-lettuce-outbreak" section: Litigation Landing Pages --- [Foodborne Illnesses](/foodborne-illnesses) / [E. coli](https://marlerclark.com/foodborne-illnesses/e-coli) / # Marler Clark retained by victims of 2019 E. coli lettuce outbreak. ***CDC is advising that consumers not eat, and retailers not sell any romaine lettuce harvested from Salinas, California until more information is available. The investigation is ongoing to determine the source of contamination and if additional products are linked to illness.*** ***Marler Clark has been retained by a dozen sickened in this outbreak and has filed two lawsuits to date.*** “With more illnesses, now with at least ten with acute kidney failure, it is past time for the leafy green industry to put the health, safety and lives of consumers first,” said Marler Clark managing partner, Bill Marler. “Since the early 2000’s the industry has pushed prepackaged leafy greens on consumers without adequately addressing the root causes of many of these outbreaks – environmental contamination from cattle,” added Marler. According to Marler, “It is past time for all stakeholders: growers, processors and retailers of leafy greens to work with the cattle and dairy industries, along with local, state and federal health agencies to come to a solution to this ongoing and systemic environmental problem. We cannot allow *E. coli* illnesses and deaths to continue to be ‘a cost of doing business.’” [According to the FDA](https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-e-coli-o157h7-outbreak-linked-romaine-salinas-california-november-2019), there are presently three outbreaks under investigation. These outbreaks are each caused by strains that are different from each other and different. One of the additional outbreaks, in [Washington state (13 sick), ](https://www.kingcounty.gov/depts/health/communicable-diseases/disease-control/outbreak/evergreens.aspx)is potentially linked to romaine lettuce. The other outbreak, with cases in the U.S. and Canada, is linked to Fresh Express Sunflower Crisp Chopped Salad Kits (8 sick in [US](https://www.cdc.gov/ecoli/2019/o157h7-12-19/index.html) and 25 sick in [Canada](https://www.canada.ca/en/public-health/services/public-health-notices/2019/outbreak-e-coli-salad-kits.html)). **Note:** [According to the FDA](https://www.fda.gov/news-events/press-announcements/statement-new-findings-and-current-status-romaine-lettuce-e-coli-o157h7-outbreak-investigation) - *"The FDA, CDC and our state partners have identified a common grower between each of the outbreaks, which is a notable development."* At least 583 sickened with E. coli linked to leafy greens in the US and Canada since 2017. [According to the CDC](https://www.cdc.gov/ecoli/2019/o157h7-11-19/index.html), since the previous update on December 4, an additional 36 ill people have been reported. As of December 17, 2019, a total of 138 people infected with the outbreak strain of E. coli O157:H7 have been reported from 25 states. ![](https://www.foodpoisonjournal.com/files/2019/12/map-12-19-19-300x226.png) Illnesses started on dates ranging from September 20, 2019, to December 1, 2019. Ill people range in age from less than 1 to 89 years, with a median age of 26. Sixty-two percent of ill people are female. Of 136 ill people with information available, 72 hospitalizations have been reported, including 13 people who developed hemolytic uremic syndrome (HUS), a type of kidney failure. No deaths have been reported. ![](https://www.foodpoisonjournal.com/files/2019/12/epi-12-19-19-300x209.png) Epidemiologic, laboratory, and traceback evidence indicate that romaine lettuce from the Salinas, California, growing region is the likely source of this outbreak. ![](https://www.foodpoisonjournal.com/files/2019/12/industry-packaging-small.jpg) The Wisconsin Department of Health Services recently [reported](https://www.dhs.wisconsin.gov/outbreaks/index.htm#outbreak-of-e-coli-infections-linked-to-romaine-lettuceupdated-12-13-2019) that they identified the outbreak strain of E. coli O157:H7 in an unopened bag of Fresh Express ® brand Leafy Green Romaine collected from an ill person’s home. Salinas, California was the source of the romaine identified in the bag. FDA and states continue to trace the source of the romaine lettuce eaten by ill people. FDA posted an update on on their investigation on December 12, 2019. The investigation is ongoing to determine the source of contamination and if additional products are linked to illness. CDC continues to advise that consumers not eat and retailers not sell any romaine lettuce grown in Salinas, California. CDC will provide more information as it becomes available. This outbreak is caused by the same strain of *E. coli* O157:H7 that caused outbreaks linked to leafy greens in [2017](https://www.cdc.gov/ecoli/2017/o157h7-12-17/index.html) and to romaine lettuce in [2018](https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html). The Maryland Department of Health identified *E. coli* O157:H7 in an unopened package of Ready Pac Bistro® Chicken Caesar Salad collected from an ill person’s home in Maryland. Analysis of this salad, through Whole Genome Sequencing (WGS), has linked strain *E. coli* O157:H7 to three Maryland cases and the multi-state outbreak. On Nov. 21, 2019, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) [announced a recall](https://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2019/recall-115-2019-release) by Missa Bay, LLC, a Swedesboro, N.J. establishment, of approximately 75,233 pounds of salad products that contain meat or poultry because the lettuce ingredient may be contaminated with *E. coli* 0157:H7. Products in this recall were produced with the same lot of lettuce that was used to produce the packaged salad that the Maryland Department of Health found to contain *E. coli* 0157:H7. The products subject to the recall can be found in a [spreadsheet](https://www.fsis.usda.gov/wps/wcm/connect/7f4bf949-abbe-4bed-b1c9-9c9760c38c33/rc-115-2019-retail-list.pdf?MOD=AJPERES) on the FSIS website. FSIS will likely update the poundage as more information becomes available. FSIS has posted product labels on its [website](https://www.fsis.usda.gov/wps/wcm/connect/b35d8943-d386-49cf-8f80-6854159dc7f6/115-2019-labels.pdf?MOD=AJPERES). The products subject to recall bear establishment number “EST. 18502B” inside the USDA mark of inspection. These items were shipped to distribution locations in Alabama, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia and Wisconsin. Here is just a sample of E. coli outbreaks based on information gathered by the Center for Science in the Public Interest, Kansas State University, and the Centers for Disease Control and Prevention. It is very likely that there are other outbreaks that the CDC and FDA did not make public. **Date** **Vehicle** **Etiology** **Confirmed Cases** **States & Provinces** July 1995 Lettuce (leafy green; red; romaine) *E. coli* O157:H7 74 1:MT Sept. 1995 Lettuce (romaine) *E. coli* O157:H7 20 1:ID Sept. 1995 Lettuce (iceberg) *E. coli* O157:H7 30 1:ME Oct. 1995 Lettuce (iceberg; unconfirmed) *E. coli* O157:H7 11 1:OH May-June 1996 Lettuce (mesclun; red leaf) *E. coli* O157:H7 61 3:CT, IL, NY May 1998 Salad *E. coli* O157:H7 2 1:CA Feb.-Mar. 1999 Lettuce (iceberg) *E. coli* O157:H7 72 1:NE Oct. 1999 Salad *E. coli* O157:H7 92 3:OR, PA, OH Oct. 2000 Lettuce *E. coli* O157:H7 6 1:IN Nov. 2001 Lettuce *E. coli* O157:H7 20 1:TX July-Aug. 2002 Lettuce (romaine) *E. coli* O157:H7 29 2:WA, ID Nov. 2002 Lettuce *E. coli* O157:H7 13 1:Il Dec. 2002 Lettuce *E. coli* O157:H7 3 1:MN Oct. 2003-May 2004 Lettuce (mixed salad) *E. coli* O157:H7 57 1:CA Apr. 2004 Spinach *E. coli* O157:H7 16 1:CA Nov. 2004 Lettuce *E. coli* O157:H7 6 1:NJ Sept. 2005 Lettuce (romaine) *E. coli* O157:H7 32 3:MN, WI, OR Sept. 2006 Spinach (baby) *E. coli* O157:H7 and other serotypes 205 Multistate and Canada Nov./Dec. 2006 Lettuce *E. coli* O157:H7 71 4:NY, NJ, PA, DE Nov./Dec. 2006 Lettuce *E. coli* O157:H7 81 3:IA, MN, WI July 2007 Lettuce *E. coli* O157:H7 26 1:AL May 2008 Romaine *E. coli* O157:H7 9 1:WA Oct. 2008 Lettuce *E. coli* O157:H7 59 Multistate and Canada Nov. 2008 Lettuce *E. coli* O157:H7 130 Canada Sept. 2009 Lettuce: Romaine or Iceberg *E. coli* O157:H7 29 Multistate Sept. 2009 Lettuce *E. coli* O157:H7 10 Multistate April 2010 Romaine *E. coli* O145 33 5:MI, NY, OH, PA, TN Oct. 2011 Romaine *E. coli* O157:H7 60 Multistate April 2012 Romaine *E. coli* O157:H7 28 1:CA Canada June 2012 Romaine *E. coli* O157:H7 52 Multistate Sept. 2012 Romaine *E. coli* O157:H7 9 1:PA Oct. 2012 Spinach and Spring Mix Blend *E. coli* O157:H7 33 Multistate Apr. 2013 Leafy Greens *E. coli* O157:H7 14 Multistate Aug. 2013 Leafy Greens *E. coli* O157:H7 15 1:PA Oct. 2013 Ready-To-Eat Salads *E. coli* O157:H7 33 Multistate Apr. 2014 Romaine *E. coli* O126 4 1:MN Apr. 2015 Leafy Greens *E. coli* O145 7 3:MD, SC, VA June 2016 Mesclun Mix *E. coli* O157:H7 11 3:IL, MI, WI Nov. 2017 Leafy Greens *E. coli* O157:H7 67 Multistate and Canada Mar. 2018 Romaine *E. coli* O157:H7 219 Multistate and Canada Nov. 2018 Romaine *E. coli* O157:H7 91 Multistate and Canada Sept. 2019 Romaine *E. coli* O157:H7 23 Multistate Nov. 2019 Romaine *E. coli* O157:H7 140 Multistate and Canada [ Marler Clark, The Food Safety Law Firm](http://www.marlerclark.com/), is the nation’s leading law firm representing victims of E. coli outbreaks and [hemolytic uremic syndrome (HUS)](http://www.about-hus.com/). The [E. coli lawyers of Marler Clark](http://www.marlerclark.com/practice_areas/view/e-coli-o157h7-outbreak-litigation) have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $700 million for clients in the last 25 years. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products. The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s. We have proudly represented such victims as [Brianne Kiner](https://www.nytimes.com/2011/06/28/health/28excerpt.html), [Stephanie Smith](https://www.nytimes.com/2009/10/04/health/04meat.html?_r=1&pagewanted=all) and [Linda Rivera](https://www.washingtonpost.com/wp-dyn/content/article/2009/08/31/AR2009083103922.html). Managing partner, [Bill Marler,](http://www.billmarler.com/) began litigating foodborne illness cases in 1993, when he represented Brianne Kiner, the most seriously injured survivor of the historic Jack in the Box E. coli O157:H7 outbreak, in her landmark $15.6 million settlement with the company. The 2011 book, *Poisoned: The True Story of the Deadly E. coli Outbreak that Changed the Way Americans Eat*, by best-selling author Jeff Benedict, chronicles the Jack in the Box outbreak and the rise of Bill Marler as a food safety attorney. ### E. coli outbreaks and recalls August 23, 2023 ###### [Listeria outbreak: Three die after drinking contaminated milkshakes](https://marlerclark.com/news_events/listeria-outbreak-three-die-after-drinking-contaminated-milkshakes) Three people have died, and three others are in hospital after drinking milkshakes contaminated with listeria bacteria in the US state of Washington, health officials … July 12, 2023 ###### [2011 Listeria outbreaks linked to cantaloupes: A history](https://marlerclark.com/news_events/2011-listeria-outbreak-linked-to-cantaloupes-a-history) A total of 148 persons infected with any of the five outbreak-associated strains of Listeria monocytogenes were reported to the CDC from 28 states. The … May 20, 2023 ###### [A quick look at the 2018 Hepatitis A outbreak](https://marlerclark.com/news_events/a-quick-look-at-the-2018-hepatitis-a-outbreak) Litigation proceeded in a Virginia state court against Tropical Smoothie and the strawberry supply chain. 134 people with Hepatitis A were reported from nine states … [1. View all ](https://marlerclark.com/news_events/outbreaks) ## All E. coli Resources [###### E. coli Food Poisoning ](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) [###### E. coli O157:H7 ](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) [###### Non-O157 STEC ](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) [###### Sources of E. coli ](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) [###### Transmission of and Infection with E. coli ](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) [###### Symptoms of E. coli infection ](https://marlerclark.com/foodborne-illnesses/e-coli/symptoms-of-e-coli-infection) [###### Complications of E. coli infection ](https://marlerclark.com/foodborne-illnesses/e-coli/complications-of-e-coli-infection) [###### Treatment for E. coli infection ](https://marlerclark.com/foodborne-illnesses/e-coli/treatment-for-e-coli-infection) [###### How is E. coli Infection Diagnosed? ](https://marlerclark.com/foodborne-illnesses/e-coli/how-is-e-coli-infection-diagnosed) [###### Preventing E. coli Infection ](https://marlerclark.com/foodborne-illnesses/e-coli/preventing-e-coli-infection) [###### E. coli Outbreaks ](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-outbreaks) [###### Real Life Impacts of E. coli Infection and HUS ](https://marlerclark.com/foodborne-illnesses/e-coli/real-life-impacts-of-e-coli-infection-and-hus) [###### E. coli Recalls ](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-recalls) [###### References ](https://marlerclark.com/foodborne-illnesses/e-coli/references) ### Other foodborne illnesses [E. coli](https://marlerclark.com/foodborne-illnesses/e-coli) [Salmonella](https://marlerclark.com/foodborne-illnesses/salmonella) [Listeria](https://marlerclark.com/foodborne-illnesses/listeria) [Hepatitis A](https://marlerclark.com/foodborne-illnesses/hepatitis-a) [Reactive Arthritis](https://marlerclark.com/foodborne-illnesses/reactive-arthritis) [Guillain-Barre Syndrome](https://marlerclark.com/foodborne-illnesses/guillain-barre-syndrome) [Irritable Bowel Syndrome](https://marlerclark.com/foodborne-illnesses/irritable-bowel-syndrome) [Norovirus](https://marlerclark.com/foodborne-illnesses/norovirus) [Botulism](https://marlerclark.com/foodborne-illnesses/botulism) [Campylobacter](https://marlerclark.com/foodborne-illnesses/campylobacter) [Shigella](https://marlerclark.com/foodborne-illnesses/shigella) [Cyclospora](https://marlerclark.com/foodborne-illnesses/cyclospora) [Hemolytic Uremic Syndrome](https://marlerclark.com/foodborne-illnesses/hemolytic-uremic-syndrome)