--- title: E. coli Lawsuit Filed in New York date: 2012-12-04T20:08:11-08:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/e-coli-lawsuit-filed-in-new-york" section: News --- [All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) / # E. coli Lawsuit Filed in New York [Marler Clark and Rochester-Buffalo-based Underberg & Kessler filed a third lawsuit](http://www.marlerblog.com/files/2012/12/Duerr-Complaint-and-Jury-Demand.pdf) against salad supplier State Garden Monday on behalf of a mother-and daughter-in-law who became ill with E. coli infections after eating organic spinach and spring mix in October. The lawsuit was filed in U.S. District Court in Buffalo on behalf of Sanborn, NY resident Beth Duerr and her daughter-in-law, Erica Duerr, of North Tonawanda, NY. Two previous lawsuits filed by the law firms were brought on behalf of Rochester-area plaintiffs. According to the complaint, Beth Duerr purchased an Organic Spinach and Spring Mix salad blend manufactured by State Garden on October 18, 2012. Erica Duerr, her husband and their 2 children—one an infant she had given birth to just 2 weeks before—visited Beth’s home the weekend of October 19. During the visit, both women consumed the salad mix. By October 22, Erica had fallen ill with symptoms of E. coli infection, including nausea, abdominal cramping and diarrhea. A registered nurse, Erica was aware of the risks of passing an infection to her newborn baby and was therefore unable to care for, nurse or even touch the baby. The following day, Erica’s stool became grossly bloody and her husband raced her to the emergency department. After treatment for dehydration and a CT scan, Erica was diagnosed with colitis. She declined to stay in the hospital overnight since she wanted to be home with her family, but her symptoms continued to worsen to the point where she was too weak to stand. Her husband brought Erica back to the ER later that same day for more treatment and an overnight stay. Beth Duerr, who was helping take care of her grandchildren during Erica’s illness, fell ill with an E. coli infection on October 27. She too sought treatment at the ER, and while there learned that a stool sample Erica had submitted for testing was positive for the strain of E. coli O157:H7 that the Centers for Disease Control and Prevention has associated with a 28-person E. coli outbreak among residents of 5 states – Connecticut (2), Massachusetts (2), New York (22), Pennsylvania (1), and Virginia (1). E. coli: [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 $600 million for clients. 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](http://www.nytimes.com/2011/06/28/health/28excerpt.html), [Stephanie Smith](http://www.nytimes.com/2009/10/04/health/04meat.html?_r=1&pagewanted=all) and [Linda Rivera](http://www.washingtonpost.com/wp-dyn/content/article/2009/08/31/AR2009083103922.html). If you or a family member became ill with an [E. coli](http://www.about-ecoli.com) infection or HUS after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark E. coli attorneys for a free case evaluation. ### Other E. coli Lawsuits [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened) [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese) [Sycamore Pool in Chico California Contaminated with E.coli - Two teens in ICU](https://marlerclark.com/sycamore-pool-in-chico-california-contaminated-with-e-coli-two-teens-in-icu) [Deadly Nationwide E.coli Outbreak Linked to Grimmway Farms Organic Baby and Whole Carrots sickens 48](https://marlerclark.com/nationwide-e-coli-outbreak-linked-to-grimmway-farms-organic-baby-and-whole-carrots) [E. coli Outbreak tied to Red Cow and Hen House Restaurants](https://marlerclark.com/e-coli-outbreak-tied-to-red-cow-and-hen-house-restaurants) [Rockwood Summit High School E. coli Outbreak](https://marlerclark.com/rockwood-summit-high-school-e-coli-outbreak) [McDonalds linked to 104 E. coli cases and 1 Death](https://marlerclark.com/mcdonalds-linked-to-nearly-50-e-coli-cases-and-1-death) [2 dead with 22 injured in E. coli Hamburger Outbreak in Montana](https://marlerclark.com/1-dead-with-13-injured-in-e-coli-hamburger-outbreak-in-montana) [E. coli Outbreak in Washington and California linked to Walnuts](https://marlerclark.com/e-coli-outbreak-in-washington-and-california-linked-to-walnuts) [Seattle PCC Market E. coli outbreak linked to Guacamole](https://marlerclark.com/seattle-ppc-market-e-coli-outbreak-linked-to-guacamole) [11 with E. coli linked to Raw Milk LLC Cheese](https://marlerclark.com/10-with-e-coli-linked-to-raw-milk-llc-cheese) [Miguel’s Cocina 4S Ranch E. coli Outbreak sickens 35](https://marlerclark.com/miguels-cocina-4s-ranch-e-coli-outbreak) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit 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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so... ###### [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in... ###### [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least... ###### [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are... ###### [Transmission of and Infection with E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) While many dairy cattle-associated foodborne disease outbreaks are linked to raw milk and other raw dairy products (e.g., cheeses, butter, ice cream), dairy cattle still represent a source of contamination... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)